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PPLR - Administrative Law
- 1. Background and finding tools
- 2. The body of law created by administrative agencies to accomplish their mission This includes: • Rules • Regulations • Orders • Decisions
- 3. Laws passed by the legislature are general The legislature does not have the expertise required
- 4. Substantive: power to carry out the legislative purpose of the law • Quasi-legislative or rulemaking activity • These regulations look similar to statutes and have the power of law • Appeals before agency boards Procedural: creating of rules that govern an agency’s actions and conduct before agency boards.
- 5. Notice of proposed rulemaking Public comment Final rule published
- 6. Final regulations are published in the Pa Code • www.pacode.com • Titles organized by agency Proposed and final regulations with other agency documents initially published in the Pa Bulletin • Published weekly • www. pabulletin.com
- 7. Similar to Pa and other states Final rules published in CFR Proposed and final rules & other agency and presidential docs published in Federal Register http://www.gpo.gov/fdsys/ http://www.ecfr.gov/cgi- bin/ECFR?page=browse Tracking: www.regulations.gov
- 8. Pennsylvania • Dept. of Labor & Industry Unemployment compensation Worker’s compensation • Liquor Control Board • Public Utility Commission Federal • Social Security Admin • USCIS • Veterans Admin
- 9. Print versions • Currency? Finding tools? Copy of Pa Code finding tools found in closed reserve. Online versions • Official? Databases • Reliability? Agency websites • Accuracy? Opinions Secondary resources Consumer protection websites
- 10. Because searching code can be difficult Secondary source topic- specific • Practice notes • Lead to primary source
- 11. Cases & books will often cite to the appropriate admin. reg.
- 13. Code sections Forms “How to” guides FAQ’s
- 14. CFR Section Form & Instructions
- 15. Consult: • Secondary source • Agency website • PaLawHelp.org • Database
- 16. PBI • Steps for filing • Five common objections • Appealing board’s determination • Pa Code citations • Etc.
- 18. Consult: • Agency website • Secondary source • Pa Code & Statutes • PaLawHelp.org
- 19. Practice notes are helpful and lead to primary law.
- 20. Library databases • Loislaw Fed & State admin code Govt sights just as good • BNA Tax & Accounting Center Govt websites • pacode.com • ecfr.gov Agency websites • Pa agency directory • Fed agency directory