Professional Documents
Culture Documents
Recent Headlines
American, US Airways win merger approval (DOJ)
(3/28/2013)
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)
(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
(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
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
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
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
Index one volume at the end of the C.F.R. Regulatory history in parenthetical references at end of section
Executive Orders
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
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
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
Lexis
FDSys (formerly GPO Access) 1996-current; based on print availability
http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR
Agency Decisions
Print official: see Bluebook, pp. 218-228 and library
catalog
http://Librarycat.richmond.edu Opinions of the Office of Legal Counsel
Lexis/Westlaw
Presidential Documents
Executive Orders
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
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
Virginia Register
Some agency decisions: Virginia Attorney General State Corporation Commission Workers Compensation Commission Tax (CCH) Bureau of Insurance (SCC)
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 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
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
Web:
Report of the Secretary of the Commonwealth
http://www.commonwealth.virginia.gov/StateGovernment/BlueBook/report.cfm Gubernatorial Documents
(posted as released)
Link: Issues & Initiatives/Executive Orders List updated at the end of an administration
Virginia Register
Speech Senate Document 2 List of Pardons, Commutations, Reprieves and Other Forms of Clemency
Link: Government/Executive
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
Commission) (www.vwc.state.va.us) Print: 1919-2000 Web: 1995 Search VWC Judicial Opinions
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
Lexis: 1958-
Westlaw: 1976-
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))