Administrative law is the law concerning the powers and procedures of administrative agencies, including especially the law governing judicial review of administrative action. (Kenneth Culp Davis, Administrative Law Treatise)
Administrative law research comprises three distinct but related activities: research into substantive administrative law and the underlying powers and procedures of administrative agencies; research into the regulatory activities and actions of administrative agencies including their rules and regulations, decisions, reports and other publications and pronouncements; and, research into the activities and issuances of the President.
Administrative agencies act in a legislative-like capacity when promulgating rules and regulations. The entire process of administrative agency rulemaking from the initial notice of agency interest to the promulgation of a final rule is documented in the Federal Register publication system, two major components of which are the Federal Register and the Code of Federal Regulations.
Administrative agencies act in a judicial-like capacity when conducting hearings and issuing rulings and decisions on particular matters. Agency regulations, rulings, decisions and other documents are distributed by a number of public and private means including publication on agency websites, in commercial databases, in official reporters, and in commercial publications such as looseleafs.
The U.S. Constitution, Article II, Section 1 vests executive powers in the President who exercises this power through various instruments including Executive Orders, Proclamations and other Presidential documents.
I. Substantive Administrative Law
The following are selected substantive administrative law treatises covering such topics as the historical background, theory and organization of administrative agencies; the separation and delegation of powers; and the disclosure of government information; as well as rules and rule making; standing; investigations; subpoenas; evidence; hearings; adjudication; decision making; licensing; sanctions; and judicial review:
Pike & Fischer Administrative Law, a multi-volume looseleaf service, covers virtually every aspect of substantive administrative law. The Deskbook includes coverage of statutes, legislative history, implementation memoranda and agency rules; the Digest organizes administrative law into fourteen major topics; and the Decisions volumes report significant judicial and agency decisions on administrative procedure and judicial review:
II. The Federal Register
The Federal Register is the official daily publication for the Rules, Proposed Rules, and Notices of Federal agencies and organizations, as well as Executive Orders, Proclamations and other Presidential Documents. Publication of a document in the Federal Register is sufficient to give notice of its contents to a person subject to or affected by it. The words rule and regulation have the same meaning in the Federal Register system. See About the Federal Register for more information.
The first issue of the Federal Register was published on Saturday, March 14, 1936. Each year's output of the Federal Register constitutes a separate continuously paginated volume. The Federal Register is published daily, Monday through Friday, except federal holidays, by the Office of the Federal Register under The Federal Register Act, ch. 417, 49 Stat. 500 (1935), as amended, 44 U.S.C. § 1501, et seq., and the regulations of the Administrative Committee of the Federal Register, 1 C.F.R. ch. I. See Federal Register Laws Index for additional laws affecting Federal Register publications.
The legislation creating the Federal Register system was enacted in response to Dean Griswold's Harvard Law Review article Government in Ignorance of the Law—A Plea for Better Publication of Executive Legislation, 48 Harv. L. Rev. 198 (1934). See A Research Guide to the Federal Register and the Code of Federal Regulations for more information on the historical development and use of the Federal Register. See the The Federal Register: What It Is and How to Use It for detailed information on the Federal Register system. See For Federal Agencies for resources designed to help rule writers meet Federal Register publication requirements and create understandable, enforceable regulations.
Each issue of the modern Federal Register contains these sections: Contents and Preliminary Pages, CFR Parts Affected In This Issue, Final Rules & Regulations, Proposed rules, Notices, Presidential Documents, and Corrections. See Federal Register: Sections for more information.
a. Locating the Federal Register
The Federal Register is available in pdf format in an official version produced by the National Archives (NARA) and the Government Printing Office (GPO Access) and in a digital collection from HeinOnline. You may both browse and search the GPO Access and HeinOnline versions of the Federal Register. The Federal Register is available on LexisNexis and Westlaw in plain, but highly searchable text. Current issues of the Federal Register are available in the library in paper; back issues are available on microform.
i. The Federal Register in pdf format
- Federal Register (NARA, GPO Access; volume 59, 1994 to present; search volume 59, 1994 to present; browse table of contents volume 63, 1998 to present; pdf available volume 60, 1995 to present; full-text, pdf)
- Federal Register (HeinOnline; volume 1, 1936 to near present; full-text, pdf) (Harvard University ID and PIN required.)
- Federal Register: Advanced Search (NARA, GPO Access; volume 60, 1995 to present; full-text, pdf)
- Federal Register: Retrieve an FR Page (NARA, GPO Access; volume 60, 1995 to present; full-text, pdf)
- Today's Federal Register (NARA; full-text, pdf)
- Tomorrow's Federal Register (NARA; listing of regular and special filings scheduled to be printed in the Federal Register; full-text, pdf)
ii. The Federal Register on LexisNexis & Westlaw
- LexisNexis Federal Register (LexisNexis; volume 45, July 1980 to present; star paging, full-text, plain text)
- Westlaw Federal Register (Westlaw; volume 46, 1981 to present; star paging, full-text, plain text)
- Westlaw Federal Register Archive (Westlaw; volume 1-45, 1936-1980; no star paging; full-text, plain text)
- Westlaw Federal Register All (Westlaw; volume 1, 1936 to present; star paging volume 46, 1981 to present; full-text, plain text)
- Westlaw Federal Register Organized by Area of Practice (Westlaw; volume 46, 1981 to present; star paging, full-text, plain text)
iii. The Federal Register in the Library
- Federal Register (Reading Room and Reference KF 70 .A2 and Microform Room Drawers 697-698, 727-731; current two years in Langdell Reading Room and Reference; volumes 1-35, 1936-1970 on microfilm in drawers 697-698; volume 36, 1971 to present on microfiche in drawers 727-731)
iv. Federal Register Index and Daily Table of Contents
- Federal Register Index (NARA; Annual Indexes volume 59, 1994 to present; full-text, pdf)
- Federal Register Index (HeinOnline; Annual Indexes volume 1, 1936 to near present; full-text, pdf) (Harvard University ID and PIN required.)
- Federal Register Index (Reading Room and Reference KF 70 .A2 and Microform Room Drawers 697-698, 727-731; Index pamphlets for current two years in Langdell Reading Room and Reference; Bound Annual Indexes for volumes 40, 1975 to most current in Microform Reference Collection; Indexes for volumes 1-35, 1936-1970 on microfilm in drawers 697-698; Indexes for volume 36, 1971 to present on microfiche in drawers 727-731)
- Federal Register Daily Tables of Contents (NARA; volume 63, 1998 to present; full-text, pdf)
- Westlaw Federal Register Table of Contents (Westlaw; volume 58, 1993 to present; full-text, plain text; Tables of Contents for current week appear automatically when accessing database; click Edit Search to change date range or to conduct a search)
- CIS Federal Register Index (Reading Room KF 70 .A2 Suppl.; provides in-depth coverage of Federal Register volumes 49-63, 1984-1998 only)
b. Finding Documents Published in the Federal Register
Locating documents by citation in the Federal Register is a straight forward process both online and in print. Use a keyword search to locate documents on a particular topic. Use the Federal Register Index to locate documents issued by an agency. Once you locate a rule or proposed rule in the Federal Register, use its Regulation Identification Number (RIN), which appears in the heading information, to track all its various stages in the promulgation process.
i. ...when you have a Federal Register citation
A typical citation to a document in the Federal Register includes the volume, page number and date (sometimes only the year) of the issue in which it appeared and looks like: 71 Fed. Reg. 45,964 (August 10, 2006)
- Federal Register: Retrieve an FR Page (NARA, GPO Access)
- Select volume and then enter the page number without a comma or any other punctuation (for example, 45964). Use the arrows or input box to go to another page.
- Federal Register: Advanced Search (NARA, GPO Access)
- Select volume and then enter in the search box the page number in this format with the quotes: "page 45964"
- Federal Register (NARA, GPO Access)
- For the current volume, enter in the quick search box the page number in this format with the quotes: "page 45964"
- Federal Register (HeinOnline)
- Using the Citation Navigator tab located in the upper left corner of the screen, select volume and year and then enter the page number without a comma or any other punctuation (for example, 45964). Select a date to locate a particular issue. Print or download in up to 200 page segments only.
- LexisNexis Federal Register (LexisNexis)
- Sign on to LexisNexis, select the Get a Document tab, and enter your citation in a format like: 71 fed reg 45964.
- Westlaw Federal Register (Westlaw)
- Sign on to Westlaw, select the Find & Print service, and enter your citation in a format like: 71 fed reg 45964; or, when available, use the Find by Citation template by clicking the link located in the upper right of the search screen and enter the page and volume information in the appropriate boxes.
- Federal Register (Print and microform)
- In print, locating a Federal Register document by citation may involve first locating the appropriate issue. What if only the volume number and year but no month, day or issue number is given in the citation information. Unfortunately, the date but not the page range is given on an issue's spine and cover. How would you know which of the 250+ issues in a volume or year to pull? You can guess, hunt and peck, or you can go to the Federal Register Issue Dates and Page Numbers table at the back of the Federal Register Index.
ii. ...when you have a topic or keyword
Each of the online versions of the Federal Register provide a search function with LexisNexis and Westlaw offering the most advanced features. The print Federal Register Index lists rules, proposed rules and notices by agency name, but unfortunately, not by subject, topic or keyword.
- Federal Register: Advanced Search (NARA, GPO Access)
- Select the volumes and years to be searched; next, select the sections to be searched (if no sections are selected then all sections will be searched); next, enter date range or specific date information (optional); and then in the search box enter your search terms. Phrases must be in quotation marks (" "). Connect search terms using the operators ADJ (adjacent), AND, OR and NOT. For example: "canada geese" and permit. CFR parts should be searched as phrases; for example: "50 CFR part 21". Word roots can be searched using an asterisk (*) following the word stem. For example: regulat* will retrieve regulate, regulating, regulation, etc. See Search Tips for more information.
- Federal Register (HeinOnline)
- Use the Search tab located in the upper left corner of the screen to conduct a simple keyword or phrase search. Click the Field Search link to search by particular fields; click the Advanced Search link to conduct an advanced full-text search. Print or download in up to 200 page segments only.
- LexisNexis Federal Register (LexisNexis)
- LexisNexis offers three search modes, terms and connectors, natural language and easy search as well as many advanced features including suggested search terms and spell checking. See Tips for more information. Use LexisNexis Federal Register segment searches to restrict your search to specific sections of a Federal Register document. See the LexisNexis Federal Register Source Information for a description of available segments.
- Westlaw Federal Register (Westlaw)
- Westlaw offers two search modes, terms and connectors and natural language as well as advanced features such as the thesaurus. See Tips for more information. Use Westlaw Federal Register field searches to restrict your search to specific sections of a Federal Register document. See the Westlaw Federal Register Scope note for a description of available fields.
- Federal Register Index (Print and microform)
- Published monthly by the Office of the Federal Register, the Federal Register Index is cumulative so that the January-December issue constitutes an annual index; rules, proposed rules and notices are listed by agency name only not by subject, topic or keyword; citation is to Federal Register page number. The CIS Federal Register Index, covering only Federal Register volumes 49-63, 1984-1998, provides access by subject, agency name, and, in separate tables, by CFR section number and agency docket number with citation to issuing agency, issue date, document type, and Federal Register page number.
III. The Code of Federal Regulations or CFR
The Code of Federal Regulations or CFR is the codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the federal government. The CFR is organized into 50 titles which represent broad areas subject to Federal regulation. Although the CFR and the U.S. Code are both codified using a 50-title schema, they do share the same topical arrangement. Many topics like alcohol, copyright, labor and taxation are covered by titles in both codes (a few even share the same number, title 26 covers taxation and title 29 labor in both codes); while many topics covered by the CFR like title 40, Protection of the Environment have no corresponding U.S. Code title.
Each CFR title is divided into chapters which usually bear the name of the issuing agency. At the back of every CFR pamphlet is an Alphabetical List of Agencies Appearing in the CFR which shows the title and chapter where an agency's regulations are codified. Each chapter is further subdivided into parts covering specific regulatory areas. Large parts may be subdivided into subparts. All parts are organized in sections. Citations to the CFR are most typically provided at either the part or section level. The CFR is updated by amendments and new rules and regulations appearing in the daily Federal Register. See About the CFR (NARA) and Code of Federal Regulations: About (GPO Access) for more information.
The CFR contains only the text of final rules and regulations themselves and does not include any of the very important summary, explanatory and documentary information published in the Federal Register. Although not printed in the CFR, this information may be of great importance in determining the meaning and application of a final rule and regulation. A Source Note at the beginning of each CFR part provides the Federal Register citation and date where the part was published. If a particular section was added or amended later, a separate source note will follow that section.
The first edition of the CFR was published in 1939 containing regulations in force on June 1, 1938. Each years, CFR pamphlets are printed in a different color. At any given point in the year, a current set will contain pamphlets of two or more colors. Annual pamphlet volumes of the CFR are published in accordance with the following schedule:
- Titles 1-16 Revised as of January 1
- Titles 17-27 Revised as of April 1
- Titles 28-41 Revised as of July 1
- Titles 42-50 Revised as of October 1
User Aids available in every CFR pamphlet include:
- A Cover and Title page showing title topic and number, the parts contained in the pamphlet, and the revision date of the pamphlet
- A Table of Contents at the front showing the chapters and finding aids contained in the pamphlet
- An Explanation with brief instructions on how to use and update the CFR
- A This Title page giving a brief description of how the title is organized, which pamphlet contain a redesignation table, and the name of the chief editor of the pamphlet
- A Table of Contents at the beginning of each chapter showing the parts contained in the chapter
- A Table of Contents at the beginning of each part showing the sections contained in the part
- An Authority note at the beginning of each part providing a citation for the statutory or executive authority under which the regulations in the part were promulgated
- A Source Note at the beginning of each part providing the Federal Register cite and date where the part was last published in full (if a particular section is based on a different authority or was added or amended later, a separate source note will follow that section)
- A Cross Reference Note providing citations to related CFR parts and sections (not always provided)
- Finding Aids at the end of the pamphlet which includes: Material Approved for Incorporation by Reference; Table of CFR Titles and Chapters; Alphabetical List of Agencies Appearing in the CFR; Redesignation Tables; List of CFR Sections Affected (some pamphlets may also contain an agency-prepared index)
See A Research Guide to the Federal Register and the Code of Federal Regulations and The Code of Federal Regulations : bibliography and guide to its use, 1939-1982 by Erwin C. Surrency and Robert E. Surrency (Microform Reference Collection KF 70 .S84x 1986) for more information on the historical development and use of the CFR.
a. Locating the CFR
The CFR is available in pdf format in an official version produced by the National Archives (NARA) and the Government Printing Office (GPO Access) and in a digital collection from HeinOnline. The e-CFR is in plain text but is extremely current. You may both browse and search the GPO, HeinOnline, e-CFR, LexisNexis, and Westlaw versions of the CFR. The CFR is available on LexisNexis and Westlaw in plain but highly searchable, very current text. The current edition of the CFR is available in the library in paper; past editions are available on microform.
i. The CFR in pdf and plain text format
- Code of Federal Regulations (NARA, GPO Access; 1996 to present; annual updates only; full-text, pdf)
- Code of Federal Regulations (HeinOnline; 1938-2008; 1993-1996, Title 37 only; full-text, pdf)
- e-CFR (NARA, GPO Access; current year only; very current with daily updates; full-text, plain text)
- Code of Federal Regulations (Cornell LII; current year only; annual updates only; full-text, plain text)
- Code of Federal Regulations: Retrieve by CFR Citation (NARA, GPO Access; 1996 to present; full-text, pdf)
- Code of Federal Regulations: Linking to Documents (NARA, GPO Access; create links to CFR documents)
ii. The CFR on LexisNexis & Westlaw
iii. The CFR in the Library
- Code of Federal Regulations (Reading Room and Reference KF 70 .A3 1949 and Microform Room Drawers 957-960; annual updates only; current edition only in print; 1938 CFR to present in microform)
iv. CFR Index and Finding Aids
v. List of CFR Sections Affected (LSA)
b. Finding Rules & Regulations in the CFR
Three extremely common scenarios for finding rules and regulations in the CFR are: (1) you already have a citation is and just want to locate it;(2) you want to find rules & regulations on a particular topic; and (3) you have a statute or Presidential document and want to locate regulations promulgated in response to the statute.
i. ...when you have a CFR citation
A typical citation to the CFR looks like: 50 C.F.R. § 21.41 (2003)
- Code of Federal Regulations (NARA, GPO Access; 1996 to present). Simply enter your citation in the handy template. Note: you can select for years 1996 to “most recent”and you can select file formats text, pdf or summary to view your results.
- HeinOnline Code of Federal Regulations (HeinOnline; 1938-1983 CFR; full-text, pdf)
- e-CFR (NARA, GPO Access; current year CFR only; very current with daily updates; full-text, plain text)
- LII Code of Federal Regulations (Cornell LII). Simply enter your citation in the handy template. Note: you can search only the most recent version of the CFR.
- LexisNexis Code of Federal Regulations (LexisNexis; current and historical, 1981 to present; LexisNexis ID required). Select the Get a Document service and enter your citation in a format like: 50 cfr 21.41. Note: to retrieve a CFR section from other than the current CFR, you must search the CFR source for that year. For instance, to find this section in the 1995 CFR, locate the 1995 CFR source, and then conduct a search like: cite(50 cfr 21.41)
- Westlaw Annotated Code of Federal Regulations (Westlaw; current and historical, 1984 to present; Westlaw password required) Select the Find a Document service and then simply enter your citation in the appropriate box. You may simplify the citation as follows: 50 cfr s 21.41. Note: to retrieve a CFR section from other than the current CFR, you must search the CFR database for that year. For instance, to find this section in the 1995 CFR, select the 1995 CFR database, and then conduct a search like: ci(“50 cfr s 21.41”)
- Code of Federal Regulations (Reading Room and Reference KF 70 .A3 1949 and Drawers 957-960). In paper, locating the CFR citation requires you merely pull the appropriate pamphlet. With the above citation for instance, locate the pamphlets for title 50, determine which pamphlet contains part 21, and then flip to § 21.41. But what if you are interested in seeing how § 21.41 looked in 1997 or 1989? Simple, just go to the CFR for that year. (If the title has been reorganized, a redesignation table will appear in the pamphlet. Check the table of contents.) If needed, you can track changes to a section over time online by using the List of CFR Sections Affected (LSA) (NARA, GPO Access) and in print by using the List of CFR Sections Affected (LSA) (NARA, Reading Room and Reference KF 70 .A34 C6).
ii. ...when you have a topic or keyword
The CFR has a quick, easy to use 1 volume index. More often than not, assuming a CFR database is available for your time period, you will begin your research for rules & regulations on your topic online using LexisNexis, Westlaw, or the web. Use LexisNexis and Westlaw segments and fields to add precision to your search.
- Code of Federal Regulations (NARA, GPO Access; 1996 to present) The link, Search the entire set of CFR databases by keyword, enables you to search all 50 titles. This option is particularly useful if you do not have any idea what title to search. However, because you are searching all 50 titles, this search will take a few minutes to process. This function searches the most recent volumes. Enter search terms in the space below. Phrases must be in quotation marks (" "). The operators ADJ (adjacent), AND, OR and NOT can be used, but must be in capital letters. For example: "prescriptions" AND "drug enforcement administration". You can search for a CFR citation by surrounding it with quotation marks, for example "20CFR404.1576". If you are not sure of the exact CFR citation you can truncate the citation so you will receive all sections contained in the part. For example, "20CFR404". If you know the CFR citation (title and section) you can take advantage of the "retrieval function" by using the "Retrieve available CFR sections by citation" link. This provides you with the capability to execute a very specific search and immediately retrieve the document in PDF or ASCII text format. This function allows you to search the most recent and/or historical volumes. The link, "Search your choice of CFR titles and/or volumes," enables you to limit the search to one or more titles and/or volumes. A table is provided which lists the subject of each title and allows you to choose current or historical versions. Because this option allows you to limit your search, you will get a very specific search results list that will appear more quickly than if you search all the CFR titles. This function allows you to search the most recent and/or historical volumes. (See Search Tips for more help searching the CFR.)
- HeinOnline Code of Federal Regulations (HeinOnline; 1938-1983 CFR; full-text, pdf)
- e-CFR (NARA, GPO Access; current year CFR only; very current with daily updates; full-text, plain text)
- LII Code of Federal Regulations (Cornell LII). Simply enter your citation in the handy template. Note: you
- Code of Federal Regulations ( LexisNexis) & Code of Federal Regulations (Westlaw). Make searching the CFR on LexisNexis and Westlaw more efficient by using segment searches on LexisNexis and field searches on Westlaw. The CFR on both LexisNexis and Westlaw are kept very current, usually updated up to within a few weeks of the present. When reading a section, note the current through statement. On Westlaw, CFR sections which have been amended by a final rule published in the Federal Register which has not yet been incorporated into the section's language will contain an UPDATE link to the amending material.
- CFR Index and Finding Aids (published by the Office of the Federal Register); is one volume and is usually located at the end of the CFR; it provides access to the CFR by subject and agency name; there are also several very useful sections in addition to the index: List of Agency-prepared Indexes Appearing in Individual CFR Volumes; a Parallel Table of Authorities and Rules; a table of Acts Requiring Publication in the Federal Register; List of CFR Titles, Chapters, Subchapters, and Parts; and Alphabetical List of Agencies Appearing in the CFR
- CIS Index to the Code of Federal Regulations (1977-2001, KF 70 .A34 I46 ) is a massive four volumes with supplements providing a subject and agency name index to the CFR; and a number of supplemental indexes including a Geographic Index; a Geographic Proper Name Index; an Index of New and Revised CFR Section Numbers; a List of Descriptive Headings; and a List of Reserved Headings; etc. The CIS Index to the CFR is takes several years to produce. The time-lag is usually 2-3 years.
iii. ...when you have a statute or Presidential document
From time to time, Congress will pass legislation authorizing the promulgation of particular rules and regulations on a particular topic. These are known as authorities. The following are selected resources for locating regulations associated with a particular statute:
- The Parallel Table of Authorities and Rules in the CFR Index and Finding Aids, located at the end of the CFR
- Look the statute up in the USCS or USCA and check the annotations for references to CFR sections
- Search the USCS on LexisNexis or the USCA on Westlaw and check the annotations for references to CFR sections
- Use a looseleaf or other service that provides access by statute and check the annotations for references to CFR sections
IV. Administrative Decisions & Other Agency Actions
There are official and unofficial sources of administrative decisions and other actions; see Sources of Federal Regulatory Agency Rules, Regulations and Adjudications prepared by Terry L. Swanlund in How To Find The Law, Appendix D (Reference Desk and Reference KF 240 .C538 1989). Whether and by what means administrative decisions and other materials are published varies by agency and regulated industry: compare locating SEC or IRS decisions and materials with those of the EPA. How do you find out what an agency publishes and where? An excellent up to date source is Specialized Legal Research (Reference Desk KF 240 .S63x 1987).
Use these sources to locate sources of agency decisions and other materials:
Many agencies now publish decisions and other materials on their web sites:
Locate administrative publications in:
V. Executive Orders & Other Presidential Documents
a. Executive Orders
b. Daily Compilation of Presidential Documents
c. Public Papers of the President
- HeinOnline U.S. Presidential Library (HeinOnline; full-text access to a wide variety of sources of Presidential Documents and Papers)
- Public Papers of The Presidents of the United States (GPO Access, 1991 forward )
- Public Papers of The Presidents of the United States (J 80 .A283)
- LexisNexis Public Papers of the Presidents (LexisNexis; Weekly Compilation of Presidential Documents and the Public Papers of the Presidents; includes presidential writings, addresses, news conferences, press releases, executive orders, proclamations, transcripts of radio addresses, remarks by the president at various functions and nominations; March 1979 to present)
- Westlaw Presidential Documents (Westlaw; executive and administrative orders, proclamations, trade agreement letters, and other documents; Executive Orders, 1936 to present, all other documents, 1984 to present)
- Presidential Libraries (National Archives)
d. The White House
VI. Updating & Validating Administrative Materials
a. Updating & Validating the CFR
The official version of the CFR is published annually by the Government Printing Office (GPO) in both print and pdf formats. The e-CFR, LexisNexis CFR and Westlaw Annotated CFR, although not official, are updated daily. Check for amendments, proposed amendments, repeals and other changes published in the Federal Register but not yet codified into the official CFR using the List of CFR Sections Affected (LSA). Check for court or agency rulings affecting a rule or regulation using the Westlaw Annotated CFR and LexisNexis CFR with Shepard's.
CFR pamphlets are published annually. Once you have located a rule or regulation in the CFR, you must determine whether it has been amended, repealed or changed in some way. Amendments, changes, etc. are published in the Federal Register in the form of a new final rule or regulation. Also, you will want to determine whether any proposed amendments, changes, etc. have been published in the Federal Register in the form of a proposed rule or regulation. You should also determine whether any court or agency rulings have affected your rule or regulation.
Typical publication and amendment pattern for a rule or regulation:
- An agency promulgates a final rule or regulation and in most instances publishes it in the Federal Register (the entire promulgation process from beginning to final rule or regulation may be found in the Federal Register)
- The final rule or regulation is then codified into the CFR with a source and authority note (the CFR is codified annually on a quarterly schedule)
- At some point, the agency may amend the rule or regulation by promulgating a new amended final rule or regulation. The new, amended final rule or regulation is then published in the Federal Register and eventually codified into the CFR (Note: proposed amendments are also published in the Federal Register)
- Use the List of CFR Sections Affected (LSA) to locate Federal Register cites for any amendments or proposed amendments published in the Federal Register but not yet codified into the CFR (The List of CFR Sections Affected is published monthly)
- Next, use the List of Parts Affected (in the Readers Aids section at the back of the Federal Register) in last issue of the month for each month up to the present not covered by the List of CFR Sections Affected; locate Federal Register cites for amendments or proposed amendments published in the Federal Register but not yet included in the List of CFR Sections Affected (Note: The List of Parts Affected cumulates for each month of the Federal Register so that only one look-up per month is required)
i. Check for Amendments and Proposed Amendments in the LSA
Check for any amendments or proposed amendments published in the Federal Register but not yet codified into the CFR online by using the List of CFR Sections Affected (LSA) (NARA, GPO Access) and in print by using the List of CFR Sections Affected (LSA) (NARA, Reading Room and Reference KF 70 .A34 C6):
- The most recent LSA paper pamphlet will show changes to regulations or proposed changes to parts published in the Federal Register since publication of the most recent CFR; the inside page will show the date range of changes included in the pamphlet for each CFR title (references are to Federal Register pages).
- In some instances, where publication of a particular CFR title is delayed, and the most recent LSA pamphlet covers only the time period from when that CFR title should have been issued (leaving a gap in time of about 1 year), you must also check the annual LSA pamphlet for the year prior to the most recent LSA pamphlet in order to fill in that gap.
- There are separate listings for final actions and for proposed rules; remember to check both.
- The LSA provides an update to the Parallel Table of Authorities and Rules.
- Use the Table of Federal Register Issue Pages and Dates to find which issue a Federal Register page reference is in since out of the 250+ issues published each year only the date, and not the pages contained within, is shown on the spine or cover.
ii. Check for Amendments and Proposed Amendments in the Federal Register
Check for any amendments or proposed amendments published in the Federal Register but not yet included in the List of CFR Sections Affected using the List of Parts Affected located in the Readers Aids section at the back of each Federal Register issue:
- The last issue of each month of the Federal Register not covered by the LSA contains a List of CFR Parts Affected During that month - the last issue in each month cumulates for that month.
- The current month's as well as the prior month's List of CFR Parts Affected is available on the LSA web site.
iii. Shepard's & KeyCite
Validate your rule or regulation using Shepard's on LexisNexis and KeyCite on Westlaw. Check for judicial treatment and interpretation in federal and state courts; also locate law review articles, ALR annotations, etc. Unlike with statutes, there is no annotated CFR, but locate a relevant looseleaf or other service that contains interpretations, explanations, analysis, annotations, citators, etc. and functions like an annotated CFR at least for the portion of the CFR of interest to you. See Legal Looseleafs in Print (Reference Desk KF 1 .L43x) and Specialized Legal Research (Reference Desk KF 240 .S63x 1987).
b. Updating & Validating Agency Decisions
- Shepard's
- KeyCite
- Other specialized citators usually part of a looseleaf service
- LexisNexis and/or Westlaw as a citator
VII. Citing Administrative & Executive Materials
Rule 14 of The Bluebook (18th ed.) (Reserve, Reference, Reference Desk KF 245 B58) and Rule 19 of the ALWD Citation Manual (3rd ed.) (Reference, Reference Desk KF 245 A45 2003) contain rules for citing to the Federal Register, Code of Federal Regulation, Executive Orders and Proclamations, Presidential Papers, Agency Adjudications, Arbitrations and Reports, and other federal administrative and executive publications.
See §§ 2-400, How to cite Agency and Executive Material and 3-400, Example Citations of Regulations, Other Agency and Executive Material from Introduction to Basic Legal Citation by Peter W. Martin (LII 2007 ed.) for detailed instructions on constructing citations using both The Bluebook and the ALWD Citation Manual.
VIII. Information about Administrative Agencies
a. U.S. Government Manual
b. Agency Websites
c. Agency Staff Directories
IX. Administrative Law Research Guides
- Finding the Law by Robert C. Berring, Elizabeth A. Edinger (12th ed. 2005), chapter 8: Administrative and Executive Publications (Reference and Reference Desk KF 240 .C5382 2005x)
- Fundamentals of Legal Research by J. Myron Jacobstein, Roy M. Mersky, Donald J. Dunn (8th ed. 2002), chapter 13: Administrative Law (Reference and Reference Desk KF 240 .J32 2002x)
- How To Find The Law by Morris L. Cohen, Robert C. Berring, Kent C. Olson (9th ed. 1989), chapter 8: Administrative and Executive Publications (Reference and Reference Desk KF 240 .C538 1989)
- Legal Research in a Nutshell by Morris L. Cohen, Kent C. Olson (9th ed. 2007), chapter 7: Administrative Law (Reference and Reference Desk KF 240 .C54 2007x)
- A Research Guide to the Federal Register and the Code of Federal Regulations by Richard J. McKinney (Law Librarians' Society of Washington, D.C.)
- Specialized Legal Research by Leah F. Chanin, general editor (Reference Desk KF 240 .S63x 1987) (looseleaf)
Compiled and edited by Michael Jimenez.