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Administrative Law
This information guide highlights major print and electronic materials and resources concerning the administrative process at the federal level and in the state of Ohio. Both freely accessible and commercial resources are included here. Please contact the research services staff during research service hours, or via email to research.services@law.csuohio.edu, for help in locating these or other resources to meet your needs. Some of the links below lead to CALI, LexisNexis, and Westlaw files, which require a student password for access. [If you connect to any of these files, be sure to log out of the system at the end of your research.] Other links lead to records in SCHOLAR, the Cleveland State University electronic catalog. Use your browser's "Back" button to return to this Administrative Law guide. If you are a student seeking an administrative law topic for a note or article, consider reviewing current issues and hot topics on news Web sites such as American Lawyer Media's American Lawyer, Law.Com, National Law Journal, and New York Law Journal, as well as Lawyers Weekly.
Regulations, Rules, and Administrative Law Resources - Federal Regulations, Rules, and Administrative Law Resources - Ohio SCHOLAR and OhioLINK Resources Treatises, Practice Guides, and Study Aids Journals and Current Awareness Services Commercial Databases and Other Web Resources
Administrative ProcessesAdministrative Law has two lawmaking functions: (a) Rulemaking - the administration of legislation, as well as interpretation and application of statutes; and (b) Case Adjudication - the effectuation or enforcement of legislative and regulatory standards. Administrative History can be determined through documents and other materials generated in the process of an administrative/executive agency promulgating a rule or regulation. Administrative History materials also include proclamations and executive orders of the President, as well as administrative/executive agency orders, decisions, and opinions. Analogous to Legislative History, Administrative History may help one to determine administrative intent and the meaning of particular regulatory provisions. Because Administrative History may also include tracking orders, decisions, opinions, and proposed rules/regulations, it can be a lobbying or current awareness tool. An administrative/executive agency regulation or rule is similar to a statute, often developed to give precision to vague statutory language, and is applicable to specific actors engaged in specific conduct. Regulations or rules are generally applicable to situations arising after their promulgation, and their application often involve administrative/executive agency case adjudication or other litigation. There are three kinds of regulations or rules: (a) Legislative - following from specific statutory delegation of power; considered legally binding as long as it conforms to applicable legislation, properly promulgated, not arbitrary or capricious, and meets constitutional requirements. (b) Interpretive - statement of administrative/executive agency's interpretation of enabling statute; may be disregarded by a court that interprets the enabling statute differently. (c) Procedural - concerns procedural aspects of administrative/executive agency's operations, including how to handle a case involving the agency.
At the federal level, there are three methods of regulation promulgation: (a) Notice and Comment - Notice given to general public of topic to be considered; proposed rulemaking notice published in Federal Register. Public may provide written information to agency; agency may invited public testimony at hearings. Agency develops final regulation, and issues it with statement of purpose. (b) Formal - Agency holds hearings, during which participants may cross-examine witnesses. Agency must issue findings and conclusions to support regulation. (c) Simple Issuance - Done with Interpretive (statement of agency's interpretation of enabling statute) and Procedural (statement of agency's procedure of operations) regulations.
Published
daily (except Saturday, Sunday, and official federal holidays) by the
US Office of the Federal Register; first issue March 14, 1936.
(a) Presidential documents – Proclamations, Executive Orders, etc; (b) Rules and Regulations; (c) Proposed Rules – text, regulatory agendas, and hearings notices; (d) Notices – Sunshine Act meetings, etc. Each
Federal Register issue includes “Finding Aids” (eg, Table of Contents,
List of CFR Parts Affected).
The CFR is the official compilation of codified regulations. First
edition published in 1939 (for regulations in effect as of 6/1/38); paperbound
volumes published annually (since 1967). The CFR is a subject arrangement of regulations, analogous to the US Code. However, CFR Title numbers do not always match USC Title numbers. For example, 26 USC – Internal Revenue Code, and 26 CFR – tax regulations; but 20 USC – Education, and 34 CFR – education regulations. Division of CFR's Fifty Titles: (a) Titles divided into Chapters – Chapters designated to Agencies; numbered with roman numerals; Chapters sometimes have Subchapters, designated by capital letters. (b) Chapters divided into Parts. (c)
Parts divided into Sections; Parts sometimes have Subparts.
The CFR “Index and Finding Aids” is published annually. It is not comprehensive, and usually refers to Parts. It also includes a “Parallel Table of Authorities and Rules.”
(3) Use the “Table of Federal Register Issue Pages and Dates” at the end of the LSA to determine which FR pages are in which issues of FR. (4) Check “CFR Parts Affected” in FR issue(s) for month(s) not covered by most recent LSA. Note: For regulations, LSA refers to exact Sections, and indicates treatment (eg, “amended”). For proposed rules, LSA refers to Parts. Electronic Methods of Updating CFR Sections (a) Use LSA available from GPO Access (1986- ) - or - (b) Use Shepard's in LexisNexis - or - (c) Use KeyCite in Westlaw
Federal agency opinions, decisions, and orders are adjudications to effectuate/enforce legislative/regulatory standards. These are similar to court opinions in that they are statements of facts, decision, and reasoning. They resolve disputes and operate as precedent. Agency litigation parties are usually “the government” (acting as quasi-prosecutor or claims administrator) and a private party. Most hearings are conducted by an administrative law judge (ALJ), who issues an initial decision. Decisions can be appealed to Agency commissioners, who may adopt the ALJ’s decision or develop their own. Decisions can also be appealed to a federal court (ie, usually US Court of Appeals). Opinions are often written to explain decisions. It
can be difficult to find Agency opinions, decisions, and orders.
Many Agency cases are informally adjudicated. In addition, opinions,
decisions, and orders have been published in many different formats by
the agencies themselves, as well as by several commercial publishers.
(a) Department of Agriculture Office of Administrative Law Judges Decisions (1997- ) (b) Department of Commerce Patent and Trademark Office Final Decisions (of Office of the Director, Office of the Commissioner for Patents, Board of Patent Appeals and Interferences, Office of the Commissioner for Trademarks, and Trademark Trial and Appeal Board) (c) Department of Energy Office of Hearings and Appeals Archive of Daily Decisions (June 1998- ) (d) Department of Justice Office of Legal Counsel Memoranda/Opinions (1992- ) (e) Department of Labor Occupational Safety and Health Administration Directives (1978- ) (f) Department of the Treasury Internal Revenue Service Internal Revenue Bulletins (1995- ) (g) Department of the Treasury Office of the Comptroller of the Currency Enforcement Actions (1988- ) (h) Federal Election Commission Advisory Opinions (1977- ) (i) Federal Labor Relations Authority Decisions (1979- ) (j) Federal Trade Commission Formal Actions, Opinions & Activities (1995- ) (k) Merit Systems Protection Board Decisions (1979- ) (l) Securities and Exchange Commission Administrative Law Judges Decisions and Orders (1995- ) (m) Small Business Administration Office of Hearings and Appeals Decisions (1990- ) (n) Social Security Administration Rulings (1960- )
Presidential Documents Presidential Documents include: (a) Proclamations - general policy announcements; issued to nation; often ceremonial; effective upon publication in Federal Register (Office of Federal Register assigns official number); since 1846, also published in US Statutes At Large; since 1943, reprinted in US Code Congressional and Administrative News. (b) Executive Orders - wide variety; issued to government officials; effective upon publication in Federal Register (Office of Federal Register assigns official number); reprinted in US Code Congressional and Administrative News. (c) Administrative Orders - memoranda, letters, etc. (d) Reorganization Plans - proposed administrative/executive agency change; must be approved by both houses of Congress. (e) Messages to Congress - proposed legislation, veto explanation, etc.; published in Congressional Record. (f) Signing Statements - statement accompanying signing legislation into law; occasionally reprinted in US Code Congressional and Administrative News. (g) Executive Agreements - made under authority to conduct foreign affairs; published in US Treaties and Other International Agreements (since 1950) and US Statutes At Large (before 1950).
An annual compilation of Presidential documents is published in Title 3 of the Code of Federal Regulations. The Weekly Compilation of Presidential Documents (WCPD) is published by the Office of the Federal Register (1965- ). The WCPD is available from this law library (J80 .A284 & Electronic), as well as GPO Access (1993- ). Selective Presidential documents from the Hoover administration, and all administrations since Franklin D. Roosevelt, are published in the Public Papers of the President (PPP). Since the Carter administration, the PPP also annually cumulates the WCPD. The PPP, currently published by the Office of the Federal Register, is available from this law library (J80 .A283; 1929-2002), as well as GPO Access (1992- ) and LexisNexis (1979- ).
Regulations, Rules, and Administrative Law Resources - Ohio
(1) Notice and Comment. Notice
given to general public of topic to be considered; general public may
provide written information to Agency, and Agency may invite public testimony
at hearings. ORC Chapter 119 agencies are required to hold public hearings, and their proposed rules must be filed with the Secretary of State, Joint Committee on Agency Rule Review, and LSC. A proposed rule must be accompanied by a summary of the rule and fiscal analysis (as specified in ORC §127.18). ORC
§111.15 agencies do not hold public hearings, but must file their proposed
rules with the Secretary of State, Clerk of Senate, and LSC. The
LSC reviews rules, but the Joint
Committee on Agency Rule Review (JCARR) is the primary review
body in the rulemaking process. Enacted by the 1977 House Bill 257, ORC
§101.35 created the JCARR. The JCARR is an Ohio General
Assembly Committee of 5 Senators and 5 Representatives. On rare
occasions, it may recommend to the General Assembly to adopt a concurrent
resolution invalidating a proposed rule. Ohio
Monthly Record (OMR) – chronological (analogous to Laws
of Ohio and Federal Register). Rules and Documents Incorporated by Reference Many miscellaneous Federal and Ohio rules and statutes are incorporated into the OAC (eg, 29 CFR 1604, ORC §124.01, etc.). This incorporation may not be obvious when reading the rule. See the “Rules and Documents Incorporated by Reference” table within the OAC "User's Guide" for information on where to obtain original copy of these miscellaneous Federal and Ohio rules and statutes. Rules by Reference Procedural or management agency rules, as well as rules of state higher education institutions, are "Rules by Reference." These rules are not published in the Ohio Administrative Code, and must be obtained from the agency itself, Legislative Service Commission, or Secretary of State. Rule Review Date When an Agency issues a rule, a "review date" must be assigned to it. The review dates are assigned so that rules are reviewed within five years.
The OAC is available from this Law Library (KFO34.5 .O35), as well as from the Ohio General Assembly Web site (see Ohio Administrative Code link under Laws, Acts, and Legislation), LexisNexis, and Westlaw. The OAC is a subject arrangement of regulations, analogous to the ORC (and Code of Federal Regulations). OAC numbers do not always match ORC Titles and sections. For example, OAC 5703 (Department of Taxation) relates to ORC Title 57 (Taxation). However, OAC Chapter 111-11 (Filing UCC Records) relates to ORC §§1309.501-1309.709. In addition, several ORC sections (eg, Court Titles 19, 21, 23, 25, and 27) are not addressed by the OAC. OAC Numbering System: (a) Agency (b) Agency Division (c) Chapter (d) Rule Example: 5101 : 3 - 4 - 02 Department of Job and Family Services : Division of Medical Assistance - Physician Services - Scope of Coverage Each OAC rule has a "history" note that cites that rule's publication in the Ohio Monthly Record, as well as a "rule review" date and annotations (eg, references to applicable ORC sections, secondary sources, case notes, etc.). The OAC includes an “Ohio Administrative Law Handbook” and “Agency Directory” volume (ie, volume 17), as well as an "User's Guide" and "General Index" volume (ie, volume 1). Again, the "User's Guide" includes a table of “Rules and Documents Incorporated by Reference,” which provides information on where to obtain original copy of the miscellaneous Federal and Ohio rules and statutes incorporated into the OAC.
The OMC is available from this Law Library (KFO35 .A23 O35). The Register of Ohio allows one to search for "Proposed and Recently Adopted Rules." The Register of Ohio is also available from LexisNexis (2002- ).
(a)
Proposed Rules – synopsis, regulatory agendas, and hearings notices (d) “Public Hearings on Proposed Rules” chart (e) “Rule Number Table” Each OMR issue's finding aides (ie, Subject Index, "Public Hearings on Proposed Rules" chart, and "Rule Number Table") cumulates those of the previous OMR issue. "Print" Method of Updating OAC Rules and Regulations Look for the OAC number in the "Rule Number Table" of the OMR for the time period after the date. The "Rule Number Table" provides OMR page numbers. Electronic Methods of Updating OAC Sections (a) Search the "Proposed and Recently Adopted Rules" in the Register of Ohio - or - (b) Search the OAC and Register of Ohio file in LexisNexis.
Ohio Agencies and Offices - Opinions, Decisions, and Orders In Ohio, an administrative agency may be called a department, board, council, division, commission, etc. Most administrative agencies were created by ORC §121.02. ORC §3301.13 created the Department of Education, and ORC §5703.01 created the Department of Taxation. The State of Ohio Government Web site provides a link to State Agencies & Departments. From here one can link to each individual agency Web site. Similarly to those of federal agencies, Ohio agency opinions, decisions, and orders are adjudications to effectuate/enforce legislative/regulatory standards. Again, these are similar to court opinions in that they are statements of facts, decision, and reasoning. They resolve disputes and operate as precedent. Similarly to federal agency litigation, Ohio Agency litigation parties are usually “the government” (acting as quasi-prosecutor or claims administrator) and a private party. Many Agency cases are informally adjudicated. Agency decisions are required to be entered in the Agency's journal, but they are not required to be published. Agency orders may be appealed to a higher Agency authority according to the Agency enabling statute, Ohio Administrative Procedure Act, or general appellate procedure defined in ORC Chapter 2506. Only after exhausting these administrative remedies can appeal be made to a court (ie, starting at Common Pleas level). Ohio Attorney General Opinions are available from this Law Library (KFO440 .A553) (1915- ), as well as from the Ohio Attorney General's AG Opinions (1994- ) Web site, LexisNexis (1977- ), and Westlaw (1977-). The State Employment Relations Board (SERB) Official Reporter is available from this Law Library (KFO331 .A6 O43) (1984- ). SERB opinions are also available from the SERB Opinions (1999- ) Web site. Published by Labor Relations Press, the Ohio Public Employee Reporter (Ohio Edition) is available from this Law Library (KFO332.8 .P77 O3) (1984- ), LexisNexis (1983- ), and Westlaw (1984- ). This reporter includes SERB opinions. Ohio
Supreme Court Board of Commissioners on Grievances and Discipline Advisory
Opinions are available from this Law Library (KFO76.5
.A2 S96) (1986- ), BCGD
Advisory Opinions (1986- ) Web site, LexisNexis
(May 1987- ), and Westlaw
(1987- ). (a) Ohio Civil Rights Commission Hearing Reports (2000- ) (b) Ohio Elections Commission Advisory Opinions (1986- ) (c) Ohio Ethics Commission Advisory Opinions (1974- ) (d) Ohio Public Utilities Commission Entries and Orders (1997- ) (e) Ohio Board of Tax Appeals Decisions (1997- ) (f) Ohio Bureau of Workers' Compensation Selected Legal Opinions
SCHOLAR and OhioLINK ResourcesSCHOLAR is the electronic catalog for Cleveland State University's Law Library and University Library. CSU also participates in the state-wide consortia OhioLINK, which provides access to a state-wide central catalog and numerous research databases. For treatises and other materials, search the SCHOLAR and OhioLINK catalogs with the subject headings Administrative Law; Administrative Law - United States; Administrative Law - Ohio. See also the 20+ Administrative Law Related Subject Headings. OhioLINK also provides access to nearly 100 Research Databases. Many are bibliographic or citation services, rather than full-text. "Off-site" access to these databases is restricted to OhioLINK member users associated with a member library (eg, student of Cleveland State University); member users are asked by the system to provide authentication information (eg, affiliated organization, name, ID). However, many OhioLINK member libraries provide on-site workstations, from which the OhioLINK research databases are freely available. The OhioLINK Research Databases cover a comprehensive range of subjects, including Business, Computer Science, Education, International Studies, Medicine and Health, Nursing, Political Science, Science and Technology, Social Sciences, and Statistics.
Provides abstracts of executive agency documents and judiciary materials, as well as Congressional reports, hearings, and other materials from 1976 to the present. LexisNexis
Academic Oxford
Reference, Law
Treatises, Practice Guides, and Study Aids
Administrative Law / Steven J. Cann. Sage Publications, c2002. KF5402 .A4 C355 2002 Administrative Law / Alfred C. Aman, Jr. and William T. Mayton. West Group, c2001. KF5402 .A8 2001 Administrative Law / Jacob A. Stein, Glenn A. Mitchell, and Basil J. Mezines. Mathew Bender, c1990- . KF5402 .S8 Administrative Law: Cases and Materials / Alfred C. Aman, Jr. LexisNexis Mathew Bender, c2006. KF5402 .A4 A45 2006 Administrative Law: Examples and Explanations / William F. Funk and Richard H. Seamon. Aspen Law & Business, c2001. KF5402 .A4 F86 2001 Administrative Law: Practice and Practice / Lee Modjeska. Lawyers Co-operative Pub. Co.; Bancroft-Whitney Col, c1982- . KF5407 .M62 1982 Administrative Law and Practice / Charles H. Koch, Jr. West Pub. Co., c1997- . KF5407 .K63 1997 Administrative Law and Regulatory Policy: Problems, Text, and Cases / Stephen G. Breyer, et al. Aspen Publishers, c2006. KF5402 .A4 B74 2006 Administrative Law in the Political System / Kenneth F. Warren. Westview Press, c2004. KF5402 .W37 2004 Administrative Law Treatise / Richard J. Pierce, Jr. Aspen Law & Business, c2002. KF5402 .D31 2002 A Blackletter Statement of Federal Administrative Law / American Bar Association Section of Administrative Law and Regulatory Practice. ABA, c2004. KF5402 .B52 2004 CALI (Computer-Assisted Legal Instruction) Tutorials Connect to the CALI Library of Lessons for a list of "Administrative Law Lessons" available to Cleveland-Marshall College of Law Students. You must register a personal password with CALI to use these CALI tutorials. [If you are a Cleveland-Marshall College of Law Student, and have not yet accessed CALI via our Law School subscription, Students click here.] The 9 CALI Administrative Law Lessons include the Basic Structure of the Federal Administrative Procedure Act; Constitutional Placement of the Administrative Process; Ex Parte Communications in Administrative Law; Hearing Procedures Required by Due Process - The Basic Analysis; Introduction and Sources of Authority for Administrative Law; Questions about Agency "Guidance Materials"; Ratemaking by Administrative Agencies; Scope of Judicial Review of Agency Decisions; and Three Models of Agency Decision Making. The CALI Administrative Law Lessons are also highlighted on the Tutorials and Instructional Research Guides page of the Law Library Web site. Federal Administrative Law / Gary Lawson. West Group, c2001. KF5402 .A4 L39 2001 Gellhorn and Byse's Administrative Law: Cases and Comments / Peter L. Strauss, Todd D. Rakoff, and Cynthia R. Farina. Foundation Press and Thomson/West, c2003. KF5402 .A4 G4 2003 A Guide to Judicial and Political Review of Federal Agencies / John F. Duffy and Michael Herz, eds. American Bar Association Section of Administrative Law and Regulatory Practice, c2005. KF5425 .D84 2005 Lawyers and Regulation: the Politics of the Administrative Process / Patrick Schmidt. Cambridge University Press, c2005. KF3570 .S35 2005 Questions & Answers. Administrative Law: Multiple Choice and Short Answer Questions and Answers / Russell L. Weaver. LexisNexis, c2005. KF5402 .Z9 W43 2005 Regulating Law / Christine Parker ... et al, eds. Oxford University Press, c2004. K235 .R44 2004 Rulemaking, Participation and the Limits of Public Law in the USA and Europe / Theodora Th. Ziamou. Ashgate, c2001. K3403 .Z53 2001 State Administrative Law Bibliography: Print and Electronic Sources / Cheryl Rae Nyberg. Carol Boast and Cheryl Rae Nyberg, c2000. KF5401 .A1 N97 2000 Understanding Administrative Law / William F. Fox, Jr. Lexis Publishing, c2000. KF5402 .F68 2000
Journals and Current Awareness ServicesSee the Finding Articles in Law Reviews, Journals and Other Legal Periodicals guide for an explanation of the legal periodical indexes and databases available to Cleveland-Marshall College of Law students and the CSU community. That guide covers print and electronic indexes, as well as electronic full-text journals. In particular, note OhioLINK's Electronic Journal Center and its Social Sciences - Politics, Political Science, and Law subject cluster. Selected specialty journals and current awareness materials concerning Administrative Law in the Cleveland-Marshall College of Law Library collection include the following: Administrative & Regulatory Law News. American Bar Association Section of Administrative Law and Regulatory Practice. KF5401 .A16 A49 Administrative Law Bulletin. American Bar Association Section of Administrative Law. K1 .D55 & Electronic Administrative Law Review. American Bar Association Administrative Law Section. K1 .D55 & Electronic Developments in Administrative Law and Regulatory Practice. American Bar Association Section of Administrative Law and Regulatory Practice. KF5402 .D39 Pike & Fischer Administrative Law, Third Series. Pike & Fischer, c1989- . KF5401 .A8 P5153
Commercial Databases and Other Web ResourcesFindLaw: Practice Areas: Administrative Law LexisONE: Legal Web Site Directory: Practice Areas: Administrative and Procedure Law LexisNexis: Area of Law - By Topic: Administrative Law Includes federal and state cases, administrative materials and regulations, statutes and legislative materials, law reviews and journals, as well as treatises and analytical materials. LexisNexis also has several files of federal and state agency, as well as federal and state regulation text and tracking, materials. Westlaw:
Topical Materials by Area of Practice: Administrative
Law
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Laura E. Ray, MA, MLS Educational Programming Librarian March 2007 |
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© 1998-2003 Cleveland-Marshall
College of Law - Cleveland State
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