by Nazareth Pantaloni, III, Reference/Circulation Librarian, Rutgers-Camden School of Law Library INTRODUCTION On the federal level, the term administrative law refers to the law created by the many and varied federal executive and administrative agencies. Executive Departments (such as Labor, and Health and Human Services ) are represented in the Cabinet. Agencies (such as the Securities and Exchange Commission and the Environmental Protection Agency) may be created by or have authority delegated to them from Congress.
Agencies have quasi-legislative power and well as quasi-judicial power. See Administrative Act, 5 U.S.C. section 551. They may also issue advisory opinions. Their legislative enactments are generally referred to as regulations or rules. The terminology for the adjudicatory functions (decisions in dispute) and advisory functions varies from agency to agency, although they are typically referred to as decisions or opinions or they may also be called orders, releases or a variety of other terms.
SERVICES
services have a special importance in administrative law and are generally available for those bodies of law for which the regulatory aspect is of major importance (tax, securities, labor, etc.). Their value to researchers is twofold: 1) many, if not all relevant statutes, implementing agency regulations, court decisions and administrative adjudications can be found together; b) the sets are typically updated frequently, sometimes on a weekly basis. They are usually arranged topically; however, a substantial number of them are arranged by the section of the code or act that is the primary law in the field.
I. REGULATIONS
Regulations are officially published both chronologically (somewhat like session laws) and topically (by subject in a Code).
A. Chronological publication appears in the Federal Register: Agencies must give notice of proposed rule-making by publishing in the Federal Register. See Administrative Procedure Act, 5 U.S.C. section 552. After a sufficient time for comment has elapsed, the final rule (if any) must be published once again in the Federal Register. The Federal Register is NOT in subject order; it is a daily chronological record of the business of the federal agencies.
NOTE: "LEGISLATIVE INTENT" FOR REGULATIONS: While there is no true legislative intent for regulations, the Federal Register usually incorporates extensive materials, including the agency's rationale for the need for a particular regulation, as well as summaries of public commentary on the regulations as they are proposed.
1. Federal Register (F.R.) 1936 - . The Federal Register includes: a. Regulations and Rulings of Federal Agencies b. Proposed Regulations and Rules c. Notices of Agencies d. Presidential Documents (of general applicability or legal effect) e. Sunshine Act Meetings f. Unified Agenda of Federal Regulations (in April & October, agenda describing regulatory action) Locations: In the Law Library: Current: KF 70 A2 (3rd Floor - New) Past: Microfiche (Ask at Reference) Computer Access: LEXIS: GENFED library; FEDREG file, beginning July 1980 WESTLAW: FR database beginning August 1980 The Internet (World-Wide-Web): Government Printing Office, Superindendant of Documents WWW Site: URL= http://www.access.gpo.gov/su_docs/aces/aaces002.html
2. Finding Aids: a. Within the Federal Register: I. Subject indices: Monthly, each month's index cumulates those earlier in the year. ii. Cumulative List of parts affected: each month; cumulates daily. iii. Listing of Federal Register pages and dates for the month. iv. List of agencies which publish their documents on designated days of the week. v. List of public laws enacted. B. Topical (by subject) publication appears in the Code of Federal Regulations: The Code of Federal Regulations is analogous to the U.S. Code; it reproduces, by topic, all the regulations of the federal agencies currently in effect. 1. Code of Federal Regulations (CFR) 1938- Contains regulations first published in the Federal Register which are of a "general and permanent" nature and which will be in effect in the year of publication. It is arranged by subject into 50 titles similar to the U.S.C.; cite to by title and section. Revised annually. The Law Library retains all superseded revisions on microfiche (ask at the Reference Desk) and some in print.
Locations:
Law Library: Current: KF 70 A3 (3rd Floor - New) Past: (complete): Microfiche (Ask at Reference) (1977-1980): USGD (4th Floor - Government Documents)
Computer Access: LEXIS: CFR begins with the 1981 Code; GENFED library; CFRxx file ("xx" is the year, e.g., CFR93) WESTLAW: CFR begins with the 1984 Code; CFR database for current code; for older codes add the year, e.g., CFR84 The Internet (World-Wide-Web): Government Printing Office, Superintendant of Documents WWW Site: URL= http://www.access.gpo.gov/su_docs/aces/aaces002.html This WWW site allows for key- word searching of the full-text of the current CFR.
2. Finding Aids:
a. Code of Federal Regulations: CFR Index and Finding Aids: i. Subject/agency index for rules currently codified in the CFR. ii. Parallel table of authorities and rules cited as authority for regulations currently codified in the CFR. Table divided into four parts: U.S.C. citations; United States Statutes at Large citations; Public Law citations; and Presidential Documents citations. iii. Presidential document to CFR (not for current documents). iv. U.S. Statute to Presidential Document: found in yearly cumulation of Title 3 of the CFR. Locations: KF 70 A3 (3rd Floor - New) b. Index to the Code of Federal Regulations. Bethesda, MD: Congressional Information Service, Inc., 1985- An extremely detailed index to the CFR. Location: Computer Access: LEXIS: GENFED library; INDEX file
3. Updating the current CFR: The CFR is updated by consulting the LSA: List of CFR Sections Affected.
a. The LSA cumulates with each issue, so only the most recent needs to be checked.
b. Annual cumulations of sections affected from 1986 to present appear at the back of each title of the CFR. Organized by CFR title and section; it gives the cite to the Federal Register page where the final regulation was published. Location: Law Library: KF 70 A3 (3rd Floor - New) & Microfiche (Ask at Reference) Computer Access: LEXIS: GENFED library; LSA file c. For the period before 1986, see Code of Federal Regulations: list of sections affected 1949-63, 1964-1972, 1973-85 published in seven separate volumes.
Location: KF 70 A3 (3rd Floor - New)
II. AGENCY DECISIONS AND REPORTS
The publication pattern of agency decisions can be erratic. There is no mandated and organized system for the publication of agency decisions; the decision to publish is left to the individual agency. Some agencies publish all their decisions, others are selective. Private publishers often publish sets of agency decisions, although they tend to be selective rather than comprehensive.
A. The Monthly Catalog of the Government Printing Office is a good source to check to determine whether an agency's decisions are published.
Locations:
Law Library: USGD (4th Floor - Government Documents Stacks)
Computer Access: WESTLAW: GPO-CTLG database beginning July, 1976
B. Looseleaf services (see Introduction) in various legal specialties are also a good source for administrative agency decisions and informal opinions. Check Legal Looseleafs in Print (annual), New York: Info-sources Publishing, 1981-, to see if one is published for any particular field.
Location: KF 1 57 (Room 332 - Ask at Reference)
C. LEXIS and WESTLAW: Many agency decisions are available online; check the LEXIS and WESTLAW database catalogs under the relevant area of law.
III. PRESIDENTIAL DOCUMENTS
A. Proclamations and Executive Orders are found in:
1. Statutes at Large
Location: KF 50 U58 (3rd Floor - New)
2. Weekly Compilation of Presidential Documents (1965-) Locations: Law Library: 1991-present: USGD AE2. 109 (4th Floor - Government Documents Stacks) 1966, 1981-1991: USGD GS4.114 (4th Floor - Government Documents Stacks) 1965-present: Microfiche (Ask at Reference) Robeson Library: 1986-present: GOV.DOC. AE2. 109:vol. 1965-1985: GOV.DOC. GS4. 114:vol. 3. Title 3 of the CFR and compilation volumes of Title 3 Location: KF 70 A3 (3rd Floor - New) Microfiche (Ask at Reference Desk)
4. U.S. Code Congressional and Administrative News (USCCAN)
Location: KF 48 W45 (3rd Floor - New)
5. U.S. Code Service. Advance Pamphlets.
Location: KF 62 1972 L38 (3rd Floor - New)
6. Treaties and Other International Acts Series, when they proclaim treaties or other international agreements.
Location: JX 231 K3 (5th Floor)
7. Federal Register. EXECUTIVE ORDERS ONLY.
Location: KF 70 A2 (3rd Floor - New)
8. Computer Access: LEXIS: EXEC library; PRESDC file from January 1981
: PRES database from 1936
The Internet (World-Wide-Web): Government Printing Office, Superintendant of Documents WWW Site: URL= http://www.access.gpo.gov/su_docs/aces/aaces002.html
B. Finding Aids:
1. Indexes and Tables:
a. Index to CFR and Index to compilations of Title 3.
b. USCCAN Table 7 lists proclamations, Table 8 lists executive orders, and the index lists documents both by subject and under the headings "executive orders" and "proclamations."
2. Compilations:
a. U.S. President. Codification of Presidential proclamations and executive orders. Washington, D.C. Office of the Federal Register, National Archives General Service Administration, 1989.
Location: USGD/AE2. 113: (4th Floor - Government Documents Stacks)
b. Weekly Compilation of Presidential Documents (1965-). Indexed quarterly. A compilation of other Presidential papers. Annual cumulations can be found in the Public Papers of the President of the United States.
Locations:
Law Library: 1991-present: USGD AE2. 109 (4th Floor - Government Documents Stacks) 1966, 1981-1991: USGD GS4.114 (4th Floor - Government Documents Stacks) 1965-present: Microfiche (Ask at Reference)
Robeson Library: 1986-present: GOV.DOC. AE2. 109:vol. 1965-1985: GOV.DOC. GS4. 114:vol.
IV. CITATORS:
There are a number of citators in the Shepard's Citations series that cover administrative law and related materials:
A. Shepard's Code of Federal Regulations Citations
Location: KF 70 A3 (3rd Floor - New)
B. Shepard's U.S. Administrative Citations
Location: KF 153.2 S5 (3rd Floor - New)
C. Shepard's Federal Tax Citations
Location: KF 6280.5 S46 (4th Floor - Tax Alcove)
D. Shepard's Federal Labor Law Citations
Location: KF 3310.5 S5 (3rd Floor - New)
For assistance in using any of the above sources or to identify a particular regulatory agency's rulings or decisions, please consult a Reference Librarian.
NOTE: Only current Rutgers law students, faculty and staff are permitted to use LEXIS and WESTLAW at the Rutgers Law Library.
Nazareth Pantaloni, III Rutgers-Camden Law Library
11/95, rev. 1/97