Administrative Law

Fourth Branch of Government?

Legislative - makes the lawsExecutive - power to enforce and

implement the lawsJudicial - resolve disputes under the

laws

Where do administrative agencies fit in?

Agencies Have Power To:

promulgate regulationsadjudicate casesprosecute regulatory violationsconduct studiesinspect private entities or operations

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

Enabling Statute

Identifies agency goalsIdentifies agency activities

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.

Why are Regulations Proposed?

enabling statute requires agency to address the topic

public pressure or petitionsagency studies have identified

area(s) of concern

How is a Regulation Created?

Legislative Regulations Notice and Comment Rulemaking Formal Rulemaking Hybrid Rulemaking Process

Interpretive Regulations - often informal

Federal Register Contains

presidential documents (executive orders, presidential proclamations)

new regulationsproposed regulationsSunshine Act meetingsOther notices

Comparison

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)

CFR Index - Possible Listings

“labor” -- nothing“agriculture” -- nothing“migrant labor” -- work protection 29

CFR 500“wages” -- migrant 29 CFR 500

29 CFR 500.81 organized by (title/chapter/part/section/paragraph)

Title 29 - LaborSubtitle B - Regulations relating to LaborChapter V - Wage and Hour DivisionSubchapter A - Regulations

Part 500 - Migrant and Seasonal Worker ProtectionSubpart C - Worker Protection

Section 81 - Payment of Wages When Due

Updating Federal Regulations

Check when volume last updatedConsult 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

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)

29 CFR 500.81 organized by (title/chapter/part/section/paragraph)

Title 29 - LaborSubtitle B - Regulations relating to LaborChapter V - Wage and Hour DivisionSubchapter A - Regulations

Part 500 - Migrant and Seasonal Worker ProtectionSubpart C - Worker Protection

Section 81 - Payment of Wages When Due

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)

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

WAC 296-131-010 organized by title/chapter/section

Title 296 - Dept. of Labor and Industries

Chapter 131 - Agricultural EmploymentStandards

Section 010 - Payment Interval

Washington State Administrative Decisions

Need Information on agencies? Try -Administrative Law Practice ManualWashington State YearbookWashington Home PageCD-LAWLEXIS/WESTLAWWashington Legal Research Deskbook,

ch. 4

Good Luck on Your Summer Research!!!