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Administrative Law

Administrative Law . Fourth Branch of Government?. Legislative - makes the laws Executive - power to enforce and implement the laws Judicial - resolve disputes under the laws Where do administrative agencies fit in?. Agencies Have Power To: . promulgate regulations adjudicate cases

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Administrative Law

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  1. Administrative Law

  2. Fourth Branch of Government? • Legislative - makes the laws • Executive - power to enforce and implement the laws • Judicial - resolve disputes under the laws Where do administrative agencies fit in?

  3. Agencies Have Power To: • promulgate regulations • adjudicate cases • prosecute regulatory violations • conduct studies • inspect private entities or operations

  4. Two Types of Agencies • executive branch, e.g., Dept. of Defense, Dept. of Justice, Dept. of Transportation • Dept. of Transportation -- Federal Aviation Administration, Federal Transit Administration, Federal Highway Administration, US Coast Guard . . . . . • independent agencies, e.g., Securities and Exchange Commission, Equal Employment Opportunity Commission, Nuclear Regulatory Commission. . . . . and

  5. Enabling Statute • Identifies agency goals • Identifies agency activities

  6. Two Types of Documents • Rules and Regulations (statutory); aimed at groups of people, entities, or situations. • Decisions and Orders (case law); aimed at specific people, entity, or situation.

  7. Why are Regulations Proposed? • enabling statute requires agency to address the topic • public pressure or petitions • agency studies have identified area(s) of concern

  8. How is a Regulation Created? • Legislative Regulations • Notice and Comment Rulemaking • Formal Rulemaking • Hybrid Rulemaking Process • Interpretive Regulations - often informal

  9. Federal Register Contains • presidential documents (executive orders, presidential proclamations) • new regulations • proposed regulations • Sunshine Act meetings • Other notices

  10. Federal Register (agency regulations) Code of Federal Regulations (codified regulations) Washington counterparts: Washington Register and WAC Statutes at Large (sessions laws) United States Code (codified laws) Comparison

  11. CFR Index - Possible Listings • “labor” -- nothing • “agriculture” -- nothing • “migrant labor” -- work protection 29 CFR 500 • “wages” -- migrant 29 CFR 500

  12. 29 CFR 500.81 organized by (title/chapter/part/section/paragraph) • Title 29 - Labor Subtitle B - Regulations relating to Labor Chapter V - Wage and Hour Division Subchapter A - Regulations • Part 500 - Migrant and Seasonal Worker Protection Subpart C - Worker Protection • Section 81 - Payment of Wages When Due

  13. Updating Federal Regulations • Check when volume last updated • Consult List of Sections Affected (LSA) • Update LSA using Reader Aids in Federal Register; check month-end issues for months not covered by LSA • Consult most recent issue of Federal Register

  14. Updating Sequence • Date of CFR volume - July 1, 2000  • Date of latest LSA - December 2000  • Month-end issues of Federal Register not covered by the LSA (January/February/March/April, 2000)  • Most recent issue of Federal Register (May 15, 2000)

  15. 29 CFR 500.81 organized by (title/chapter/part/section/paragraph) • Title 29 - Labor Subtitle B - Regulations relating to Labor Chapter V - Wage and Hour Division Subchapter A - Regulations • Part 500 - Migrant and Seasonal Worker Protection Subpart C - Worker Protection • Section 81 - Payment of Wages When Due

  16. Updating the WAC • Is there a volume supplement? • Consult Washington State Register year-end Table of WAC Sections Affected in the second issue in January (cumulative for the previous year) • Table of WAC Sections Affected in latest Washington State Register(cumulates up to that date)

  17. WAC - Possible Subject Headings • “migrant” -- nothing • “farm workers” -- nothing • “wages” -- nothing • “labor -- agricultural employees” -- ch. 296-131 • “agricultural pay” -- ch. 296-131 • “agriculture & marketing -- agricultural employees -- employment standards” -- ch. 296-131

  18. WAC 296-131-010 organized by title/chapter/section • Title 296 - Dept. of Labor and Industries • Chapter 131 - Agricultural Employment Standards • Section 010 - Payment Interval

  19. Washington State Administrative Decisions Need Information on agencies? Try - • Administrative Law Practice Manual • Washington State Yearbook • Washington Home Page • CD-LAW • LEXIS/WESTLAW • Washington Legal Research Deskbook, ch. 4

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