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BRIDGE THE GAP

Administrative Sources Federal and Virginia


Gail Zwirner Head of Access Services

Recent Headlines
American, US Airways win merger approval (DOJ)
(3/28/2013)

Honeywell to pay $3M penalty for emissions (EPA &

DOJ) (3/29/2013) SCC Approves Solar Program: Dominion Virginia Power gets OK on pilot energy generation effort (State Corporation Commission) (11/28/2012) Comments on clinic rules pour in: abortion rights advocates deliver 3500 to Va. Board [of Health] (3/29/2013) Virginias jobless rate in Dec. is lowest in four years (Va. Employment Commission) (1/19/2013) Oyster Restoration Plan Outlined for Bay (Va. Marine Resources Commission) (2/12/2013)

Executive Branch Research


An administrative agency may be called a Department

(DOT), a Board (NLRB), a Commission (FCC), an Authority (TVA), a an Administration (SSA), an Agency (EPA), a Corporation (FDIC), or a Service (IRS) Examples of executive branch entities are:
Department of Justice, Defense, Agriculture, Energy,

Transportation, Homeland Security (Cabinet level departments) Environmental Protection Agency Federal Deposit Insurance Corporation Securities and Exchange Commission United States Postal Service Federal Aviation Administration

http://www.loc.gov/rr/news/fedgov.html

Role of Administrative Agencies


Authorized by Congress in enabling legislation

(sometimes by Presidential Executive Order) to promulgate regulations May hear and settle disputes arising from the regulation or enabling statute May investigate and prosecute violators of regulations

What kinds of materials do these entities generate?


Rules or regulations (which have the same effect as

statutes) (third level of primary authority); may provide more specificity than the enabling legislation Presidential/Gubernatorial documents (Executive Orders) Licenses, which include permits, certificates Attorney General opinions Advisory opinions, which are authoritative interpretations of statutes and regulations (not binding) (sometimes called interpretive regulations)

Materials, cont.
Orders, the final disposition of any agency action,

other than rulemaking Decisions, which adjudicate controversies arising out of the interpretation of statutes or regulations; they are issued in the same manner as court decisions United States Government Manual on the internet at:
http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GOVMAN &browsePath=2011+Edition+%28October%29%3BGOVMAN-2011-1005%3Bthumbnails%5C%2Fgovman1011.jpg&isCollapsed=false&leafLevelBrowse=false&ycord=1716

Whats the difference between a statute and a regulation?


A statute enables an A regulation creates the

agency to perform its functions, including . . . promulgating regulations Created by Legislative branch Representative government in that we elect Congressional members to vote for us

details the rules of procedure to implement the statutes Created by Executive branch Participatory government in that the public may submit comments on a proposed regulation

How are they similar?


A statute is subject to

revision introduced in Congress as a bill Slip law is published in the Statutes at Large, then codified in the U.S. Code , organized by title, e.g. 29 U.S.C. 623 (2000)

A regulation is subject to

revision introduced as a proposed regulation in the Federal Register Final regulation is published in the Federal Register, then codified in the C.F.R., organized by title, e.g. 29 C.F.R. 1625.7 (2003)

Creating Regulations
Administrative Procedure Act (APA) process: Notify the public when they plan to promulgate new regulations or change existing ones (NOPR) Publish proposed regulations and solicit comments on them before the regulations become final Publish final regulations before they go into effect to notify the public of the new requirements http://www.citizen.org/documents/Regulations-Flowchart.pdf

The Tools - Regulations Federal - Print


Code of Federal Regulations - annual

List of Sections Affected - monthly


Federal Register daily Depending on the nature of your research, you may start or end with any of these tools

Codification: Code of Federal Regulations (C.F.R.)


Subject arrangement of regulations by title and section or part number Many titles correspond to statutes, but not all
Transportation: 49 in U.S.C. and C.F.R. Environment: 42 in U.S.C., but 40 in C.F.R.

Index one volume at the end of the C.F.R. Regulatory history in parenthetical references at end of section

C.F.R. volumes are issued each year on a staggered, quarterly basis

(see current through date on cover)


Titles 1-16 updated January 1 of each year Titles 17-27 updated April 1 of each year Titles 28-41 updated July 1 of each year

Titles 42-50 updated October 1 of each year Titles 51

C.F.R. is rich with graphics

Other C.F.R. Issues


Titles may include table of Material Approved for

Incorporation by Reference material not published in the Federal Register or C.F.R.


Has force of law as if it were published in the Federal

Register or C.F.R. Frequently consists of technical standards

Title 3 of the C.F.R. is the compilation of

Executive Orders

Other Sources for the C.F.R.


Westlaw

Lexis
FDSys (formerly GPO Access) 1996-current; based on print availability
http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR

E-CFR (updated by NARA) Current edition; incorporates Federal Register final rules prior to the print publication
http://www.ecfr.gov/cgi-bin/ECFR?page=browse

Hein Online 1938-current


http://heinonline.org/HOL/Index?collection=cfr&set_as_cursor=clear

Agency websites: http://www.fda.gov/

Updating the C.F.R.: the List of Sections Affected (L.S.A.)


Published monthly

Number of issues used depends on current through date

of the C.F.R. References are to the Federal Register Includes a table to indicate the date of the issue that includes the specific Federal Register page

Updating the C.F.R.: the Federal Register


Created in 1935 to provide a centralized filing system for

the public and a place to provide notices of proposed rulemaking Published Monday-Friday, except federal holidays Issues are consecutively paginated; an annual volume can exceed 60,000 pages Publishes final rules prior to codification Includes analysis not codified how and why the code will be amended (intent) Includes Reader Aids pages to supplement the List of Sections Affected

Online sources for the Federal Register


Westlaw

Lexis
FDSys (formerly GPO Access) 1996-current; based on print availability
http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR

Hein Online 1938-current


http://heinonline.org/HOL/Index?collection=cfr&set_as_cursor=clear

Regulations.gov (http://www.regulations.gov/#!home) allows the public to participate in the regulatory process

Agency Decisions
Print official: see Bluebook, pp. 218-228 and library

catalog
http://Librarycat.richmond.edu Opinions of the Office of Legal Counsel

Also looseleaf services CCH Intelliconnect and

BloombergBNA databases at: http://law.richmond.edu/library/index.html Agency websites: http://www.justice.gov/


Agencies Office of Legal Counsel Website Opinions (1992-present)

Lexis/Westlaw

Presidential Documents
Executive Orders

Proclamations, such as bill signing statements


Sources: Title 3 of the C.F.R. Federal Register Weekly (Daily) Compilation of Presidential Documents U.S. Code Congressional and Administrative News Public Papers of the President Lexis/Westlaw Whitehouse.gov Hein Online at
http://heinonline.org/HOL/Index?collection=presidents&set_as_cursor=clea r

Virginia Administrative Process Act


Va. Code Ann. 2.2-4000 to 2.2-4031

VAPA originally enacted in 1975 and was recodified

most recently in 2001 Virginias process is similar to the Federal process of notice, public comment period, agency response (intent) published in the Virginia Register

General State Sources


Report of the Secretary of the Commonwealth

includes the statutory authority, purpose, powers and duties, composition, term, and membership of all departments of the executive branch of government. Source for Governors Executive Orders Online only now at http://www.soc.state.va.us/StateGovernment/BlueBoo k/report.cfm

Regulations Virginia - Print


Virginia Administrative Code (West)

Virginia Register
Some agency decisions: Virginia Attorney General State Corporation Commission Workers Compensation Commission Tax (CCH) Bureau of Insurance (SCC)

Virginia Administrative Code (VAC)


Print (published by West) (1995-)
Organized by subject, not alphabetically by agency. For example,

Health includes: Department of Health Health Planning Board Health Services Cost Review Council Dept. of Medical Assistance Services State Mental Health, Mental Retardation, and Substance Abuse Services Board Caution: General index not updated regularly; may need to rely on subject index

Lexis/Westlaw/Web at http://leg1.state.va.us

(unannotated)

Virginia Register of Regulations (VRR)


First created in 1985, VRR is intended to supplement the

Virginia Administrative Code Includes the text of proposed and final regulations; proposed regulations include an economic impact analysis Also includes emergency regulations, Governors executive orders (prior to inclusion in the Report of the Secretary of the Commonwealth), SCC Orders, Tax Bulletins, and notices of public hearings

Sources for the VRR


Print (published biweekly by the Commonwealth);

indexed quarterly, cumulative index at the completion of a volume Lexis and Westlaw Web at: http://legis.state.va.us/search/reg_query.htm PDF copies available for Vol. 14-29 (6/22/19982013); also includes a searchable database Through 2009 (v. 26) it included a Cumulative Table of VAC Sections Adopted, Amended, or Repealed (same purpose as the federal L.S.A.) The table is available only on the web at

http://register.dls.virginia.gov/CUMULTAB.HTM

Guidance Documents
Any document developed by a state agency or staff that

provides information or guidance of general applicability to the staff or public to interpret or implement statutes or the agencys rules or regulations. http://legis.state.va.us/codecomm/guidance/guidedoc.htm

Governors Executive Orders


Print:
1903-2005 in Report of the Secretary of the Commonwealth Virginia Register

Web:
Report of the Secretary of the Commonwealth
http://www.commonwealth.virginia.gov/StateGovernment/BlueBook/report.cfm Gubernatorial Documents

Current Governors website at www.governor.virginia.gov)

(posted as released)
Link: Issues & Initiatives/Executive Orders List updated at the end of an administration

Virginia Register

Governors Executive Orders


Department of Planning and Budget
Orders still in force from all administrations
http://www.dpb.virginia.gov/eo/eo.cfm

Governors House & Senate Documents Repeated Annually


House Document 1 Budget Bill

Senate Document 1 State of the Commonwealth

Speech Senate Document 2 List of Pardons, Commutations, Reprieves and Other Forms of Clemency

General Executive Branch Portal


http://portal.virginia.gov/

Link: Government/Executive

Agency Orders and Decisions


State Corporation Commission (www.scc.virginia.gov) Print: 1921-2009 Web: April 2002 Web Quick Links: Obtain Case Information Docket Search

Bureau of Insurance Division of the SCC Administrative Letters & Orders Print: 1977-current KFV2585 .V57 Web: 1977-current at http://www.scc.virginia.gov/boi/laws.aspx

Agency Orders and Decisions


Workers Compensation Commission (formerly Industrial

Commission) (www.vwc.state.va.us) Print: 1919-2000 Web: 1995 Search VWC Judicial Opinions

Also available in Virginia Lawyers Weekly

Department of Taxation (www.tax.virginia.gov) Print: 1972 Web: 1981-) (Laws, Rules & Decisions)

Legislative Summaries (intent) Rulings of the Tax Commissioner Tax Bulletins Attorney General Opinions Guidance Documents

CCH Virginia Tax Reporter

Agency decisions, cont.


Virginia State Bar (www.vsb.org) Rules of Professional Conduct proposed and final changes published in the Virginia Lawyer Register Law Libraries column in Virginia Lawyer regularly includes informative articles on research topics, including administrative law

Agency decisions, cont.


Opinions of the Attorney General (www.oag.state.va.us) Print: 1935- (KFV2840 .A553) Web: 1996 Opinions and Legal Resources

Lexis: 1958-

Westlaw: 1976-

Secondary Sources Virginia CLEs


Virginia Lawyer (4th ed.)(Virginia CLE) (KFV2477 .V47 2011) (Ch. 15 on Administrative Law) Corporations and Partnerships in Virginia (Virginia CLE) (KFV 2613 .C67 2009 (Reserve))
Includes chapters by practitioners on:
Tax Aspects Securities Regulation D&O Liability Mergers

Dissolution and liquidation

Other Secondary Sources


Wests Virginia Practice Series, e.g., Virginia

Business Entities (KFV 2610 .W33 (Reserve)) Lexis Laws of Virginia Related to the State Corporation Commission, Corporations, Limited Liability Companies, Partnerships & Limited Partnerships (KFV 2613 .A3) Goolsby on Virginia Corporations (4th ed. 2011) (KFV 2613 .G67 2011 (Reserve))

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