Administrative or regulatory law is comprised of the various rules and actions that are enacted by administrative bodies such as the Executive Office of the President, the Department of Education or the Securities and Exchange Commission. Agencies have different powers depending on whether or not they are considered executive, legislative or independent.
The role of administrative agencies is to make rules and enforce or adjudicate them. The Administrative Procedure Act (APA), 5 U.S.C. §§551 et. seq. gives the requirements, procedures, standards and procedures for rulemaking, hearings and adjudication. Congress makes laws that give agencies the authority to issue and enforce regulations.
Most Federal administrative materials are printed in the Federal Register (FR) and rules are presented in the Code of Federal Regulations (CFR). There are various sources for State administrative materials in both print and electronic format. This guide will give you an overview of the regulatory process as well as resources and tips for starting your administrative law research.
The role of administrative agencies is to make rules and enforce or adjudicate them. The Administrative Procedure Act (APA), 5 U.S.C. §§551 et. seq. gives the requirements, procedures, standards and procedures for rulemaking, hearings and adjudication. Congress makes laws that give agencies the authority to issue and enforce regulations
Congress passes legislation which gives agencies the authority to implement that legislation by promulgating rules and adjudicating claims and disputes. Agencies have the expertise and personnel to administer federal law.
See the Reg Map @ http://www.reginfo.gov/public/reginfo/regmap/regmap.pdf for an overview of the regulatory process.
See A Guide to the Rulemaking Process prepared by the Office of the Federal Register for answers to common questions related to the regulatory process.
Statutes and amending legislation are sources of conflict at every stage in the regulatory process. Parties may challenge regulations during the rulemaking process or in court after the regulations have been promulgated.
Further information related to Conflict and the Regulatory Process can be found on Justia's "Challenging Regulatory Actions".
|
Provides that all agency rules will be published in the daily Federal Register and subsequently in the CFR. |
|
Established the rulemaking process, administrative procedures, adjudications, hearings, etc. |
|
Ensures public access to certain requested government records (with exceptions) |
|
Establishes practices for protecting the privacy of certain personally identifiable information |
|
Requires announcements for and openness of government agency meetings (with exceptions) |
|
Paperwork Reduction Act of 1980, 44 USC § 3501 et seq. (1995) |
|
Procedures for reducing paperwork, establishes the permission must be obtained by OBM before requesting information from the public |
|
Requires agencies to submit rules to Congress for 30 day review & possible disapproval |
|
Reimbursement of prevailing parties for fees and costs in agency adjudications and court proceedings |
|
Agency heads can establish negotiated rulemaking committees to assist with rule formation |
|
Limits the amount Federal mandates imposed on state & local governments without providing funding |
|
Alternative Dispute Resolution Act of 1998, 5 USC § 571 et seq. |
|
Authorizes and encourages U.S. district courts to use ADR process and arbitrators |
If you have a citation or enough information to search for a citation:
Developments in Administrative Law & Regulatory Practice by 
Administrative Law and Process in a Nutshell by 
Careers in Administrative Law and Regulatory Practice by 
A Guide to Federal Agency Rulemaking by 
The Center for Computer-Assisted Legal Instruction provides a variety of interactive lessons covering administrative law. Some of the most helpful are:
To obtain the access code for these lessons, go to http://www.cali.org/user/register and use the access code "AMERICstu4"
Chat Service is offered during Reference Desk hours, and is available to AU and WCL currently enrolled students, faculty and staff.
Privacy: Pence Law Library values confidentiality. We may save a copy of your chat session for research or educational purposes, but will remove all identifying information.
