12 Finding and Using Administrative Law
Learning Goals
After reading this chapter, you will be able to
- Explain the relationship of administrative law to statutory law.
- Name examples of federal and state administrative agencies.
- Identify and explain administrative law sources.
- Find agency rules/regulations on free websites and commercial platforms.
- Find agency decisions and guidance on free websites and commercial platforms.
Most law students do not have much time or opportunity to research administrative law during first year legal research and writing courses. The first part of this chapter will explain how administrative law fits into the legal research landscape. The next part will discuss administrative law resources and where to find them.
What is Administrative Law?
Overview
Administrative law (both federal and state) is the law governing the creation and operation of administrative agencies. Most administrative agencies (including boards, commissions, and departments) are part of the executive branch of government. Legislatures establish agencies and give them their powers through enabling statutes. Some state agencies are established through the state constitution. Thorough and accurate legal research requires you to find, read, and analyze administrative rules and decisions because they are primary sources of law, just like statutes and cases.
Sources of Administrative Law
Agencies promulgate rules (also called regulations) that administer, implement, apply, and interpret statutes in the agencies’ jurisdiction. Agencies also conduct investigations and inspections to determine if regulations are being followed, and issue licenses and permits. Also, agencies, via administrative law judges, hold hearings and decide cases involving the agencies’ rules. Therefore, when you are searching for relevant administrative law, you will be looking for enabling legislation, agency rules/regulations, agency guidance like interpretive opinions or procedural manuals, administrative decisions, and possibly federal court decisions reviewing agency actions or decisions.
Examples of Administrative Agencies
Federal
Some examples of federal administrative agencies:
- Department of Agriculture
- Civil Rights Commission
- Commerce Department, includes several divisions such as the Census Bureau and the Patent and Trademark Office.
- Consumer Product Safety Commission
- Department of Defense
- Department of Education
- Department of Energy
- Environmental Protection Agency
- Equal Employment Opportunity Commission
- Federal Communications Commission
- Government Publishing Office
- Department of Health and Human Services, includes several divisions such as the Centers for Disease Control and Prevention, Food and Drug Administration, Indian Health Service, National Institutes of Health, and the Refugee Resettlement Office.
- Department of Homeland Security, includes divisions such as Federal Emergency Management Agency, Secret Service, Transportation Secu