Legal Research for the Legal
Assistant:
How to Find Regulations
(Federal & New York)
Janice E. Henderson, Esq., M.L.S.
Federal
Executive Branch
 Regulations are promulgated by
government agencies to enforce
particular statutes under their
j...
Where to Find Regulations
 Federal Register – Daily
 Code of Federal Regulations - Annual
3
Where to Find Regulations
 Federal Register
The official daily publication for rules and
regulations, proposed rules, and...
Federal Register
Where to Find It Free
 Official Website:
http://www.gpoaccess.gov/fr/index.htm
l(From 1994)
 National A...
Federal Register
Proposed Rules
 A proposed rule notifies the public of a
pending Regulation.
 Before a rule is finalize...
7
Federal Register
Final Rules
 Once a rule is finalized it will be indicated
under Action: Final Rule.
 When agencies pub...
9
10
Federal Register
The Proposed and Final Rules are printed
with the following information including the full
text of the ru...
Federal Register
Additional Sources
Fee-based databases:
 LexisNexis: GENFED; FEDREG (From July1980) &
Lexis Advance
 We...
Code of Federal Regulation
 Abbreviated as CFR.
 It’s a codification of the general and permanent
rules published in the...
Code of Federal Regulation
Updating Schedule
Each title is updated once per year
according to the following schedule:
Tit...
Code of Federal Regulation
Where to Find
 Official Websites:
◦ GPO Access:
http://origin.www.gpoaccess.gov/cfr/
◦ Nationa...
Code of Federal Regulation
Where to Find
 Codification of Presidential Proclamations and
Executive Orders
◦ Date Range: A...
Code of Federal Regulations
Updating
 List of CFR Sections Affected:
http://www.gpoaccess.gov/lsa/index.html
The ‘List of...
18
19
New York State Regulations
 New York State Register – Daily
◦ http://www.dos.state.ny.us/info/register.htm
◦ Searchable s...
New York City Regulations
 The Official Compilation of the Rules of the City of
NY
http://www.nyc.gov/html/nycrules/html/...
New York State & City
Additional Sources
 New York State Register
◦ LexisNexis: NY; NYRGST (From December 1997) &
Lexis A...
New York State & City
Regulation Alert Resources
 RegAlert - New York Documents:
◦ LexisNexis: NY; RGALRT & Lexis Advance...
The End
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Legal Research For The Legal Assistant How To Find Regulations (Federal & New York)

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Training presentation for inexperience paralegals on how to find federal and New York regulations.

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Legal Research For The Legal Assistant How To Find Regulations (Federal & New York)

  1. 1. Legal Research for the Legal Assistant: How to Find Regulations (Federal & New York) Janice E. Henderson, Esq., M.L.S.
  2. 2. Federal Executive Branch  Regulations are promulgated by government agencies to enforce particular statutes under their jurisdiction.  The agencies role is to provide procedures for implementation and enforcement of statutes under their jurisdiction. 2
  3. 3. Where to Find Regulations  Federal Register – Daily  Code of Federal Regulations - Annual 3
  4. 4. Where to Find Regulations  Federal Register The official daily publication for rules and regulations, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.  Abbreviated as FR 4
  5. 5. Federal Register Where to Find It Free  Official Website: http://www.gpoaccess.gov/fr/index.htm l(From 1994)  National Archives: http://www.archives.gov/federal- register/ 5
  6. 6. Federal Register Proposed Rules  A proposed rule notifies the public of a pending Regulation.  Before a rule is finalized there has to be a comment period.  The comment period varies, but it usually is 30, 60, or 90 days.  Proposed rules are indicated by Action: Proposed. 6
  7. 7. 7
  8. 8. Federal Register Final Rules  Once a rule is finalized it will be indicated under Action: Final Rule.  When agencies publish final regulations in the Federal Register, they must address the significant issues raised in comments and discuss any changes made in response to them. Agencies also may use the notice and comment process to stay in contact with constituents and to solicit their views on various policy and program issues. 8
  9. 9. 9
  10. 10. 10
  11. 11. Federal Register The Proposed and Final Rules are printed with the following information including the full text of the rule: Proposed Rules Final Rules Agency Requesting Rule Agency that Requested the Rule Title Title CFR Citation CFR Citation Release Number(s) U.S. Code Authority Action: Proposed Rule Action: Final Rule Date for comments to be received Date Rule becomes effective Summary Summary Contact Information (including agency person & phone number) Contact Information (including agency person & phone number) 11
  12. 12. Federal Register Additional Sources Fee-based databases:  LexisNexis: GENFED; FEDREG (From July1980) & Lexis Advance  Westlaw: FR (From 1981); FR-OLD (1936-2000) & WestlawNext  HeinOnline: http://heinonline.org/HOL/Welcome This is a fee based database. (From 1936) Free website:  Regulations.gov: Was launched in January 2003 to provide citizens with one-stop Web access to all proposed federal regulations and to give citizens the ability to submit comments on all federal agencies' rulemakings. 12
  13. 13. Code of Federal Regulation  Abbreviated as CFR.  It’s a codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation. Each volume of the CFR is updated once each calendar year and is issued on a quarterly basis. 13
  14. 14. Code of Federal Regulation Updating Schedule Each title is updated once per year according to the following schedule: Titles 1-16 are updated as of January 1st Titles 17-27 are updated as of April 1st Titles 28-41 are updated as of July 1st Titles 42-50 are updated as of October 1st 14
  15. 15. Code of Federal Regulation Where to Find  Official Websites: ◦ GPO Access: http://origin.www.gpoaccess.gov/cfr/ ◦ National Archives: http://www.access.gpo.gov/nara/cfr/cfr-table- search.html#page1  Electronic Code of Federal Regulations (e- CFR):http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=%2Findex.tpl  United States Code Annotated (U.S.C.A.)  United States Code Service (U.S.C.S. )  HeinOnline: http://heinonline.org/HOL/Welcome  LexisNexis: GENFED; CFR & Lexis Advance  Westlaw: CFR &WestlawNext  BloombergLaw 15
  16. 16. Code of Federal Regulation Where to Find  Codification of Presidential Proclamations and Executive Orders ◦ Date Range: April 13, 1945 to January 20, 1989 ◦ http://www.archives.gov/federal- register/codification/  Weekly Compilation of Presidential Documents ◦ Date Range: 1993 to current ◦ http://www.gpoaccess.gov/wcomp/index.html 16
  17. 17. Code of Federal Regulations Updating  List of CFR Sections Affected: http://www.gpoaccess.gov/lsa/index.html The ‘List of CFR Sections Affected’ lists proposed, new, and amended Federal regulations that have been published in the Federal Register since the most recent revision date of a CFR title. ◦ Published monthly. ◦ ‘List of Sections Affected’ (LSA) is published daily in the Federal Register. 17
  18. 18. 18
  19. 19. 19
  20. 20. New York State Regulations  New York State Register – Daily ◦ http://www.dos.state.ny.us/info/register.htm ◦ Searchable starting in 2007. PDF copies go back to 2003. ◦ Not all rules are published in full text. For those that are not, the agency requesting the rule should be contacted.  Official Compilation of Codes Rules and Regulations of the State of New York (NYCRR) ◦ http://www.dos.ny.gov/info/nycrr.html ◦ This is a link to an unofficial searchable database to the NYCRR powered by Westlaw (free): http://government.westlaw.com/linkedslice/default.a sp?SP=nycrr-1000 20
  21. 21. New York City Regulations  The Official Compilation of the Rules of the City of NY http://www.nyc.gov/html/nycrules/html/home/home. shtml 21
  22. 22. New York State & City Additional Sources  New York State Register ◦ LexisNexis: NY; NYRGST (From December 1997) & Lexis Advance ◦ Westlaw: NY-ADR (From July 1997)  Official Compilation of Codes Rules and Regulations of the State of New York (NYCRR) ◦ LexisNexis: NY; NYADMN & Lexis Advance ◦ LexisNexis: Archive from 2004 ed. – NY; NYADAR ◦ Westlaw: NY-ADC & WestlawNext  The Official Compilation of the Rules of the City of NY ◦ LexisNexis: NY; NYCMUN & Lexis Advance ◦ Westlaw: NYC-CODE & WestlawNext 22
  23. 23. New York State & City Regulation Alert Resources  RegAlert - New York Documents: ◦ LexisNexis: NY; RGALRT & Lexis Advance ◦ Contains the full text of proposed regulations from most of the 50 states, and the full text of final regulations.  New York State Regulation Tracking: ◦ LexisNexis: NY; NYRGTR & Lexis Advance ◦ Contains summaries of proposed regulations and status actions for individual regulations promulgated by various state agencies.  Westlaw: NY-REGTRK & WestlawNext 23
  24. 24. The End 24

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