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Administrative Law

Administrative Law. Washington & Federal Cheryl Nyberg handout. Administrative Law. What is administrative law? Why is administrative law important? Where are the shortcuts?. What?. Two-Headed Rules & regulations are quasi-legislative Decisions & orders are quasi-judicial. What?.

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Administrative Law

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  1. Administrative Law Washington & Federal Cheryl Nyberg handout

  2. Administrative Law • What is administrative law? • Why is administrative law important? • Where are the shortcuts?

  3. What? Two-Headed • Rules & regulations are quasi-legislative • Decisions & orders are quasi-judicial

  4. What? • Issued by executive branch & independent agencies • Under statutory authority (specific or general) • Having the force of law

  5. Rules & Regulations • National Labor Relations Board • 29 U.S.C. § 156 • 29 C.F.R. Parts 100, 101, etc. • WA Dep’t of Ecology • RCW §43.21C.120 • WAC 173-802 & 197-11

  6. Administrative Decisions • Environmental Protection Agency Records of Decisions • Federal Trade Commission advisory opinions & orders • WA Environmental Hearings Office decisions • WA Public Employment Relations Commission decisions

  7. Other Examples • Agriculture (USDA, WA Dep’t of Ag.) • Banking & securities (FDIC, SEC, WA Dep’t of Financial Institutions) • Health & medicine (DHHS, CMS, WA Health Care Authority) • Insurance (WA Insurance Commissioner) • Taxation (IRS, WA Dep’t of Revenue)

  8. The Force of Law Clients are bound by regulations & administrative decisions in the same way that they are bound by statutes & judicial opinions.

  9. Shortcuts • Agency websites (WA Ins.) • Annotated codes (print & online) • U.S.C.A. on Westlaw, 29 U.S.C.A. §655 • Combined database searches • WA Legislature’s search page • Looseleaf services & treatises • BNA’s Labor & Employment Law Library • WL & LX topical & area of practice

  10. Federal Code of Federal Regulations (CFR) E-CFR Federal Register (FR) Washington State Washington Administrative Code (WAC) Washington State Register Primary Sources

  11. Agency email lists BNA & other newsletters Regulations.gov LexisNexis ECLIPSE RegAlert (all 50 states) Westlaw KeyCite Alert WestClip Monitor Changes

  12. Bonus Round • The Unified Agenda (aka, Semiannual Regulatory Agenda) • RegInfo.gov • Abbreviations • FR / CFR online tutorial

  13. Questions

  14. Administrative Law Washington & Federal Cheryl Nyberg handout

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