PPLR - Administrative Law
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PPLR - Administrative Law

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Administrative law presentation for Pennsylvania Practice-Oriented Legal Research Program.

Administrative law presentation for Pennsylvania Practice-Oriented Legal Research Program.

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PPLR - Administrative Law PPLR - Administrative Law Presentation Transcript

  • Background and finding tools
  •  The body of law created by administrative agencies to accomplish their mission  This includes: • Rules • Regulations • Orders • Decisions
  •  Laws passed by the legislature are general  The legislature does not have the expertise required
  •  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.
  •  Notice of proposed rulemaking  Public comment  Final rule published
  •  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
  •  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
  •  Pennsylvania • Dept. of Labor & Industry  Unemployment compensation  Worker’s compensation • Liquor Control Board • Public Utility Commission  Federal • Social Security Admin • USCIS • Veterans Admin
  •  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
  •  Because searching code can be difficult  Secondary source topic- specific • Practice notes • Lead to primary source
  • Cases & books will often cite to the appropriate admin. reg.
  •  Code sections  Forms  “How to” guides  FAQ’s
  • CFR Section Form & Instructions
  •  Consult: • Secondary source • Agency website • PaLawHelp.org • Database
  •  PBI • Steps for filing • Five common objections • Appealing board’s determination • Pa Code citations • Etc.
  • Strategies and advice for administrative hearings!
  •  Consult: • Agency website • Secondary source • Pa Code & Statutes • PaLawHelp.org
  • Practice notes are helpful and lead to primary law.
  •  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