question
Administrative agencies make law in two ways:
answer
Rulemaking and adjudication
question
Administrative Rulemaking
answer
Quasi legislative function of an agency. When a statute provides an agency the ability to create rules or regulations that carry out specific legislative purposes.
question
Which are more specific, administrative rules or statutes?
answer
Administrative Rules
question
Administrative Adjudication
answer
The quasi judicial power of agencies to render decisions in cases arising under statutory or regulatory law. This is in the form of agency hearings.
question
In Missouri agency hearings are conducted by
answer
a hearing officer, referee, or administrative law judge
question
Federally, agency hearings are conducted by
answer
Administrative Law Judge (ALJ)
question
Missouri Administrative Rulemaking documents are found in what two primary sources?
answer
Missouri Register and Code of State Regulations (CSR)
question
Missouri Register
answer
A daily compilation of agency action, arranged chronologically.
question
Code of State Regulations
answer
An annual codification, by subject, of the permanent rules published in the Missouri Register.
question
Missouri Register is published
answer
Semi monthly. (Monthly before 1986)
question
Missouri Register contains
answer
Emergency rules, executive orders, proposed rules, orders of rulemaking, and dissolutions.
question
Emergency Rules
answer
When an agency finds an immediate danger to public health, safety, of welfare, or a compelling governmental interest requires emergency action. These are the first documents in Missouri Register.
question
Executive Orders
answer
Formal orders issued by the President or Governor
question
Proposed Rules
answer
Rules not yet enacted by an agency but proposed; publication constitutes notice of the proposed rule to the general public.
question
Orders of Rulemaking
answer
Final rules as issued by the agency
question
Dissolutions
answer
Notices of the dissolution of limited liability companies and limited partnerships. (In the back of the Missouri Register)
question
Source Guides
answer
Research aids to the Missouri Register.
question
CSR is organized...
answer
Topically, focused on agencies themselves. Agency, division, specific topic.
question
At the beginning of each regulation in CSR is...
answer
The purpose of the regulation
question
At the end of each regulation in CSR is...
answer
An authority note that lists the enabling statute, including any prior amendments.
question
Use known topic approach when
answer
You know the agency the rule is from.
question
To update an Administrative Regulation...
answer
Use the "Rule Changes Since Last Updated to Code of State Regulations" table in the latest issue of Missouri Register.
question
Missouri Administrative Adjudication Decisions
answer
Are not readily available unless heard by the Administrative Hearing Council. AHC decisions are available in print at the Missouri Supreme Court Library and online at the AHC's website.
question
Federal Register
answer
An official document, published every weekday, which lists the new and proposed regulations of executive departments and regulatory agencies. (Chronological compilation)
question
The two types of federal agencies are
answer
Independent agencies and executive agencies
question
Notices
answer
A section of the Federal Register that includes documents other than rules and proposed rules. The Federal Register is the only place you can access a copy of a notice.
question
Reader Aids
answer
A resource section of the Federal Register which lists rules going into effect, public laws enacted during that session of congress, a list of CFR parts affected and phone numbers for information and assistance.
question
CFR Parts Affected table
answer
Lists all the parts effected in the CFR. A tool to update a whole month at one time.
question
Federal Register Index
answer
Issued monthly in cumulative form.
question
Code of Federal Regulations
answer
Codified by subject of all federal regulations. Includes all regulations currently in effect. Updated on a revolving quarterly basis.
question
To update the CFR...
answer
Check online for the most current version and the Federal Register for the proposed rules.
question
Federal Administrative Adjudication is reported in the
answer
official agency reports
question
Citation to Code of Federal Regulations
answer
Title # C.F.R. Section or Part (Year)
question
Citation to Federal Register
answer
The commonly used name of rule, volume Fed. Reg. page the rule begins (Date of the rule)
question
Citation for Federal Administrative Adjudication
answer
By the reported name of the first listed party and reporter citation.
question
Citation for State Administrative Regulations
answer
Refer to each state authority in T1 of BlueBook.
Order an Essay Now & Get These Features For Free:
Turnitin Report
Formatting
Title Page
Citation
Outline
