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Agencies have quasi-legislative power and well as quasi-judicial power. See Administrative Act, 5 U.S.C. section 551. They may also issue advisory opinions. Their legislative enactments are generally referred to as regulations or rules. The terminology for the adjudicatory functions (decisions in dispute) and advisory functions varies from agency to agency, although they are typically referred to as decisions or opinions or they may also be called orders, releases or a variety of other terms.
LOOSELEAF SERVICES
Looseleaf services have a special
importance in administrative law and are generally available for those
bodies of law for which the regulatory aspect is of major importance (tax,
securities, labor, etc.). Their value to researchers is twofold: 1) many,
if not all relevant statutes, implementing agency regulations, court decisions
and administrative adjudications can be found together; b) the sets are
typically updated frequently, sometimes on a weekly basis. They are usually
arranged topically; however, a substantial number of them are arranged
by the section of the code or act that is the primary law in the field.
I. REGULATIONS
Regulations are officially published both chronologically (somewhat like session laws) and topically (by subject in a Code).
A. Chronological
publication appears in the Federal Register: Agencies must give notice
of proposed
rule-making by publishing in the Federal Register. See Administrative Procedure
Act, 5 U.S.C. section
552. After a sufficient time for comment has elapsed, the final rule (if
any) must be published once again
in the Federal Register. The Federal Register is NOT in subject order;
it is a daily chronological record of
the business of the federal agencies.
NOTE: "LEGISLATIVE INTENT" FOR REGULATIONS: While there is no true
legislative intent for
regulations, the Federal Register usually incorporates extensive materials,
including the agency's
rationale for the need for a particular regulation, as well as summaries
of public commentary on the
regulations as they are proposed.
1. Federal Register (F.R.) 1936 - . The Federal Register includes:
a. Regulations and Rulings of Federal Agencies
b. Proposed Regulations and Rules
c. Notices of Agencies
d. Presidential Documents (of general applicability or legal effect)
e. Sunshine Act Meetings
f. Unified Agenda of Federal Regulations (in April & October, agenda
describing regulatory
action)
Locations:
In the Law Library:
Current: KF 70 A2 (3rd Floor - New)
Past: Microfiche (Ask at Reference)
Computer Access:
LEXIS: GENFED library; FEDREG file, beginning July 1980
WESTLAW: FR database beginning August 1980
The Internet (World-Wide-Web):
Government Printing Office, Superindendant of Documents WWW Site:
URL= http://www.access.gpo.gov/su_docs/aces/aaces002.html
2. Finding Aids:
a. Within the Federal Register:
I. Subject indices: Monthly, each month's index cumulates those earlier
in the year.
ii. Cumulative List of parts affected: each month; cumulates daily.
iii. Listing of Federal Register pages and dates for the month.
iv. List of agencies which publish their documents on designated days of
the week.
v. List of public laws enacted.
B. Topical (by
subject) publication appears in the Code of Federal Regulations: The Code
of Federal
Regulations is analogous to the U.S. Code; it reproduces, by topic, all
the regulations of the federal
agencies currently in effect.
1. Code of Federal Regulations (CFR) 1938-
Contains regulations first published in the Federal Register which are
of a "general and permanent"
nature and which will be in effect in the year of publication. It is arranged
by subject into 50 titles
similar to the U.S.C.; cite to by title and section. Revised annually.
The Law Library retains all
superseded revisions on microfiche (ask at the Reference Desk) and some
in print.
Locations:
Law Library:
Current: KF 70 A3 (3rd Floor - New)
Past: (complete): Microfiche (Ask at Reference)
(1977-1980): USGD (4th Floor - Government Documents)
Computer Access:
LEXIS: CFR begins with the 1981 Code;
GENFED library; CFRxx file ("xx" is the year, e.g., CFR93)
WESTLAW: CFR begins with the 1984 Code;
CFR database for current code; for older codes add the year, e.g., CFR84
The Internet (World-Wide-Web):
Government Printing Office, Superintendant of Documents WWW Site:
URL= http://www.access.gpo.gov/su_docs/aces/aaces002.html
This WWW site allows for key- word searching of the full-text of the current
CFR.
2. Finding Aids:
a. Code of Federal Regulations: CFR Index and Finding Aids:
i. Subject/agency index for rules currently codified in the CFR.
ii. Parallel table of authorities and rules cited as authority for regulations
currently codified
in the CFR. Table divided into four parts: U.S.C. citations; United States
Statutes at Large
citations; Public Law citations; and Presidential Documents citations.
iii. Presidential document to CFR (not for current documents).
iv. U.S. Statute to Presidential Document: found in yearly cumulation of
Title 3 of the CFR.
Locations: KF 70 A3 (3rd Floor - New)
b. Index to the Code of Federal Regulations. Bethesda, MD: Congressional
Information
Service, Inc., 1985- An extremely detailed index to the CFR.
Location:
Computer Access:
LEXIS: GENFED library; INDEX file
3. Updating the current CFR:
The CFR is updated by consulting the LSA: List of CFR Sections Affected.
a. The LSA cumulates with each issue, so only the most recent needs to be checked.
b. Annual cumulations of sections affected from 1986 to present appear
at the back of each title of
the CFR. Organized by CFR title and section; it gives the cite to the Federal
Register page where
the final regulation was published.
Location:
Law Library: KF 70 A3 (3rd Floor - New) &
Microfiche (Ask at Reference)
Computer Access:
LEXIS: GENFED library; LSA file
c. For the period before 1986, see Code of Federal Regulations: list of
sections affected
1949-63, 1964-1972, 1973-85 published in seven separate volumes.
Location: KF 70 A3 (3rd Floor - New)
II. AGENCY DECISIONS AND REPORTS
The publication pattern of agency decisions can be erratic. There is no mandated and organized system for the publication of agency decisions; the decision to publish is left to the individual agency. Some agencies publish all their decisions, others are selective. Private publishers often publish sets of agency decisions, although they tend to be selective rather than comprehensive.
A. The Monthly
Catalog of the Government Printing Office is a good source to check
to determine whether
an agency's decisions are published.
Locations:
Law Library: USGD (4th Floor - Government Documents Stacks)
Computer Access:
WESTLAW: GPO-CTLG database beginning July, 1976
B. Looseleaf services
(see Introduction) in various legal specialties are also a good source
for
administrative agency decisions and informal opinions. Check Legal Looseleafs
in Print (annual), New
York: Info-sources Publishing, 1981-, to see if one is published for any
particular field.
Location: KF 1 57 (Room 332 - Ask at Reference)
C. LEXIS and WESTLAW:
Many agency decisions are available online; check the LEXIS and WESTLAW
database catalogs under the relevant area of law.
III. PRESIDENTIAL DOCUMENTS
A. Proclamations and Executive Orders are found in:
1. Statutes at Large
Location: KF 50 U58 (3rd Floor - New)
2. Weekly Compilation of Presidential Documents (1965-)
Locations:
Law Library:
1991-present: USGD AE2. 109 (4th Floor - Government Documents Stacks)
1966, 1981-1991: USGD GS4.114 (4th Floor - Government Documents Stacks)
1965-present: Microfiche (Ask at Reference)
Robeson Library:
1986-present: GOV.DOC. AE2. 109:vol.
1965-1985: GOV.DOC. GS4. 114:vol.
3. Title 3 of the CFR and compilation volumes of Title 3
Location: KF 70 A3 (3rd Floor - New)
Microfiche (Ask at Reference Desk)
4. U.S. Code Congressional and Administrative News (USCCAN)
Location: KF 48 W45 (3rd Floor - New)
5. U.S. Code Service. Advance Pamphlets.
Location: KF 62 1972 L38 (3rd Floor - New)
6. Treaties and Other International Acts Series, when they
proclaim treaties or other international
agreements.
Location: JX 231 K3 (5th Floor)
7. Federal Register. EXECUTIVE ORDERS ONLY.
Location: KF 70 A2 (3rd Floor - New)
8. Computer Access:
LEXIS: EXEC library; PRESDC file from January 1981
WESTLAW: PRES database from 1936
The Internet (World-Wide-Web):
Government Printing Office, Superintendant of Documents WWW Site:
URL=
http://www.access.gpo.gov/su_docs/aces/aaces002.html
B. Finding Aids:
1. Indexes and Tables:
a. Index to CFR and Index to compilations of Title 3.
b. USCCAN Table 7 lists proclamations, Table 8 lists executive orders, and the index lists documents both by subject and under the headings "executive orders" and "proclamations."
2. Compilations:
a. U.S. President. Codification of Presidential proclamations and executive
orders.
Washington, D.C. Office of the Federal Register, National Archives General
Service
Administration, 1989.
Location: USGD/AE2. 113: (4th Floor - Government Documents Stacks)
b. Weekly Compilation of Presidential Documents (1965-). Indexed
quarterly. A compilation of
other Presidential papers. Annual cumulations can be found in the Public
Papers of the President
of the United States.
Locations:
Law Library:
1991-present: USGD AE2. 109 (4th Floor - Government Documents Stacks)
1966, 1981-1991: USGD GS4.114 (4th Floor - Government Documents Stacks)
1965-present: Microfiche (Ask at Reference)
Robeson Library:
1986-present: GOV.DOC. AE2. 109:vol.
1965-1985: GOV.DOC. GS4. 114:vol.
IV. CITATORS:
There are a number of citators in the Shepard's Citations series that cover administrative law and related materials:
A. Shepard's Code of Federal Regulations Citations
Location: KF 70 A3 (3rd Floor - New)
B. Shepard's U.S. Administrative Citations
Location: KF 153.2 S5 (3rd Floor - New)
C. Shepard's Federal Tax Citations
Location: KF 6280.5 S46 (4th Floor - Tax Alcove)
D. Shepard's Federal Labor Law Citations
Location:
KF 3310.5 S5 (3rd Floor - New)
For assistance in using any of the above sources or to identify a particular regulatory agency's rulings or decisions, please consult a Reference Librarian.
NOTE: Only current Rutgers
law students, faculty and staff are permitted to use LEXIS and WESTLAW
at the Rutgers Law Library.
Nazareth Pantaloni, III
Rutgers-Camden Law Library
11/95, rev. 1/97