Administrative Law Research

This guide will get you started researching the actions of federal administrative agencies, including regulations, adjudications, and guidance.

Administrative agencies come in many different shapes and sizes, all depending on what Congress has authorized the agency to do by statute. An agency may: 

• Promulgate binding regulations designed to implement law or policy
• Bring enforcement actions against violators of a statute or regulation
• Issue licenses, permits, or other permissions
• Issue non-binding guidance for regulated parties or for internal use
• Issue decisions arising from a quasi-judicial process

The rest of this guide covers regulations (aka rules), agency decisions, and agency guidance. It's applicable to all agencies, but if you're working with a specific agency, the agency's website is a great place to start your research. Look for sections of the website titled, e.g., "Rules & Regulations", "Legal / Laws Library", "Enforcement", "Interpretations". To find an agency's website, Google the agency's name or check the Directory of Federal Agencies.

Numerous procedural requirements apply when agencies promulgate regulations, but the most significant is the Administrative Procedure Act, Pub. L. 79-404 (1946) . The APA requires that agencies follow certain steps when putting rules into effect.  Under the APA, agencies must:

• Publish a notice of proposed rulemaking in the Federal Register
• Take comments from “interested persons” on the proposed rule
• Publish a final rule in the Federal Register after considering those comments
• Make the rule effective not less than 30 days after it is published.   

The APA is also the basis for many challenges to regulations. It instructs courts to set aside agency actions that are, among other things, "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law"; "contrary to constitutional right, power, privilege, or immunity"; "in excess of statutory jurisdiction, authority, or limitations, or short of statutory right"; or "without observance of procedure required by law." 5 U.S.C. § 706.

This video has a quick overview of the rulemaking process, and the chart below has a more detailed step-by-step process. (The video has an old URL for the online eCFR; it's now at ecfr.gov.)

Running Time: 3 minutes, 48 seconds.

This chart depicts the process of rulemaking step-by-step. It includes the APA-required procedures as well as procedures under other statutes and executive orders. A longer version with detailed explanations of each step is available at this link. 

Click to Enlarge

The Federal Register is a daily government publication containing final rules, notices of proposed rulemaking (NPRMs), other notices that agencies are required to publish, and presidential documents (including executive orders).  The first issue of the Federal Register was published March 14, 1936, and publication continues to this day.

Final rules and NPRMs don't just contain the text of the regulation. They also include:

• A summary of the rule
• The rule's effective date (not always the date it was published!)
• A detailed description of the the rule's history, context, and purpose
• A section-by-section analysis of the rule
• Responses to public comments (for final rules)
• Explanations of specific amendments, or changes from the proposed rule to the final rule

The Federal Register is accessible through a number of sources including:

General and permanent rules and regulations are published in the Code of Federal Regulations (CFR).  The CFR is organized into 50 topical titles, with chapters that typically contain a single agency's regulations. For example, Chapter I of Title 21 contains the FDA's regulations. Chapters are further subdivided into parts (and sometimes subparts), then subdivided into sections. The section numbers incorporate the part numbers, so the citation 21 C.F.R. § 101.22 refers to Section 101.22, which is in Part 101 of Title 21. 

A subject index to the CFR is available on GovInfo, the Government Publishing Office's website: CFR Index and Finding Aids. The online version of the CFR at eCFR.gov also includes an index by agency: eCFR: Agencies.

A Source Note at the beginning of each CFR part provides the citation to where the Final Rule creating or amending the part was published in the Federal Register. If a particular section was added or amended later, a separate source note comes at the end of that section's text. Remember that the Final Rule doesn't just contain the text of the regulation, but also detailed descriptions and justifications of it, so these Source Notes are very valuable for regulatory history research. 

The CFR incorporates amendments and new rules and regulations published in the Federal Register with each new update. Although unofficial versions of the CFR, like the versions on Westlaw, Lexis, or eCFR.gov, are usually updated within a few days of a new rule's publication, the official print CFR is updated in stages over the course of the year. One-quarter of the titles are updated at a time:

• Titles 1-16:  January 1
• Titles 17-27: April 1
• Titles 28-41: July 1
• Titles 42-50: October 1

The CFR is accessible through a number of sources including:

Citations to the Code of Federal Regulations will contain "C.F.R."  Citations to the CFR are most typically provided at either the part or section level.    

Sample Citation: 17 C.F.R. § 275.250 (2011).  

The CFR is published once a year; thus, any language in the latest published CFR must be checked for currency. Even the unofficial online versions of the CFR, which update more frequently, are not usually completely up to date. 

Often the fastest and easiest way to update regulations is to use a citator (like Shepard's or Key Cite); check cases citing the rule for any adverse treatment, and check for any Federal Register notices citing the rule that indicate an amendment is being considered. Shepard's and KeyCite will also generally assign a "yellow flag" to regulations with proposed amendments, or finalized amendments that have not yet become effective. 

However, you can also update your research using the following free online sources:

Updating with Federalregister.gov

Federalregister.gov offers a useful tool for checking updates, or proposed changes, to current CFR sections.  Under the Search Tab, select "Advanced Document Search."  Scroll down until you see the field "Affecting CFR Part," and enter the relevant part number. 

When searching for regulatory history information check out the Library of Congress' guide to help you get started:

The Federal Register contains most of the important summary, explanatory and documentary information on a rule.  For regulatory docket materials and public comments visit:

To view compiled rulemaking materials associated with a specific Public Law or Executive Order, visit:

Administrative agencies act in a judicial-like capacity when issuing decisions that interpret and enforce regulations.  These decisions are rarely gathered in one place, and some agencies do not publish decisions in any format. Administrative agency websites are a great place to start. The University of Virginia Law Library publishes a guide which provides links to agency opinions and publications:

Agency decisions & guidance can be accessed through the following sources:

Decisions & Opinions in Print

Some agencies publish official reports of their decisions in print reporters or binders called loose-leaf services. For older administrative decisions, print publications may be the only source. The Bluebook lists:

• Official administrative publications in T1.2. 
• Major loose-leaf services in T15.

For print materials at Harvard, search:

Freedom of Information Act

Under the Freedom of Information Act (FOIA), you may request documents from administrative agencies.

Executive materials are found in Title 3 of the CFR.  Presidential Documents are found in the back of each day’s Federal Register.  In addition, the White House website offers a great amount of information and access to Executive documents.  

Executive Orders

Daily Compilation of Presidential Documents

Public Papers of the Presidents

Secondary sources such as books, current awareness/news sources, scholarly articles, or advocacy communications are extremely helpful in getting started.  

Westlaw & Lexis

Law Reviews & Journals

Legal Blawgs

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