Articles Tagged with administrative law

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Excellent CFR News: CFR Table of Contents

Cornell Legal Information Institute has released an online version of the CFR.  This new online edition of the CFR is the result of an unprecedented two-year collaboration between the Government Printing Office (GPO), the Legal Information Institute at Cornell Law School (LII), and the Cornell Law Library. …

The project implemented features that have been often requested by government regulators, corporate counsel, and law librarians. The LII’s edition of the CFR has the same search and navigation features that have made its edition of the United States Code the leading free, online source for Federal statutes for over a decade.

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If you’ve been following the news regarding the proposed administrative rule eliminating Native American mascots in Oregon public schools, and wanted to know more administrative rules and administrative law in general, you’re in luck. The Washington County Law Library has a brand new administrative law legal research guide available on its website.  You can find more Oregon Legal Research blog posts on administrative law, including an invaluable post on researching the history of an OAR, using the “administrative law” tag.  As always, many other legal research guides are available on the law library’s website, and you can always peruse the document index for quick document retrieval.

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Oregon Administrative Rules (OAR):

1) Current Oregon Administrative Rules (OAR) are online and in print at many libraries.

2) Superseded OARs: Some are online from subscription databases. (See also, the NOT ONLINE list of Oregon legal research resources.)

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It all started with a simple citation. One of our patrons had a case from the Oregon Court of Appeals and was looking for previous history information. The first thing that should have set off my radar that this would not be a simple request was the patron’s mention that the case was affirmed without opinion. Not knowing the twisting path before me, I happily set off on my journey.

Day 1:

  • I started with a LexisNexis search using the provided citation. Sadly, Lexis offered a paucity of prior history information. However, I did learn the case was an appeal from the Oregon Employment Appeals Board (EAB). Locating the original EAB decision (from 1985) was now my goal.
  • I next checked our library’s collection, where I found Employment Relations Board decisions, but nothing from the EAB.
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One possible answer to a frequently asked question in public law libraries: “Can I appeal my license suspension?

(Hurrah for the web. It was a lot harder in the “old days” to find this info. (But keep in mind, that it costs a whole lot more to maintain useful government websites than it took to answer telephones and print a directory or phonebook listing.))
Oregon DMV Administrative Review

Many people who receive a notice of suspension, revocation or cancellation from DMV are entitled to an Administrative Review. The notice you received from DMV will indicate if you are entitled to one (see below to learn how to request an Administrative Review).

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What is the PECBR? It stands for the “Public Employer Collective Bargaining Reporter.”

We usually get the question in the form of, “what is 21 PECBR 673 and where do I find it?”

1) These citations refer to Oregon Employment Relations Board (ERB) orders. They may also be called opinions or decisions or rulings. They come from the Employment Relations Board.

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Our new print set of the 2010 Oregon Administrative Rules (OAR) came today – it’s ecru. We always try and guess the color of the binding (as we do with the ORS).

(The SoS and the Legislature should get a little action going with pre-publication binding-color betting – more fun than the lottery for us wonkish types. This is about as exciting as it gets with law library décor action when you work in the public sector.)

I was hoping for gold/yellow binding; colleagues were going for greens and blues. My point: any color is better than no color (ecru?). It is such dry reading that one needs a warm glow to keep awake while reading it.

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You can also find a searchable PDF copy of the 2008 Oregon AG’s Public Records and Meetings Manual at the Public Resource’s Bulk Resource archive, courtesy of Carl Malamud.

Previous OLR blog posts on this subject.

Thank you to Professor Bill Harbaugh for the lead and the link.

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In case you hadn’t heard, the Oregon Administrative Rules (OAR) Bulletin (the monthly updates to the OAR), will be online only, starting January 2010.

The multi-volume Oregon Administrative Rules (OAR) itself will still be available in print.

Law and government documents librarians have been active for many years (especially the AALL Government Affairs office) on this issue of authenticity of government documents.

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Finding the history of a judicial opinion or a statute is relatively straightforward, if only because we do that research so often. This is not the situation when researching the history of a regulation or other administrative rule, especially at the state level.

Also, most of the time we’re looking to update the law (regulation, case, or statute), that is finding out how the particular law reads today, not what it said 10 years ago or how it got to be what it is now, that is, what happened x years ago that made the rule change to what it is now.

So, how do you find the history of an Oregon administrative rule?

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