Regulatory Law deals with procedures established by federal, state, and local administrative agencies, as opposed to laws created by the legislature (statutory laws) or by court decisions (case law). Regulations can relate to a large array of executive branch activities, such as applications for licenses, oversight of environmental laws, and administration of social services like welfare, just to name a few.
Functions of Administrative Law
Also known as administrative law, regulatory laws can include everything from rulemaking to adjudication and enforcement. In other words, administrative laws often relate to functions akin to all three branches of government (i.e., legislative, judicial, and executive), but all of them flow from agencies that are considered to be a part of the executive branch. To demonstrate how regulatory law is often like three branches of government in one, consider how administrative laws usually come into being:
1. The legislative branch passes a law authorizing the creation of a new executive branch agency to enforce a set of laws (for example, the Environmental Protection Agency in order to enforce certain environmental clean up and preservation laws).
2. The statute authorizes the agency to pass regulations to meet the goals of its mandate and to enforce its rules. Thus the legislative rulemaking authority is delegated, in part, to the administrative agency.
3. The agency enacts regulations (sometimes they require legislative approval, sometimes they do not), then begins to enforce those rules (e.g., through fining or arrests). The enforcement of laws is a traditionally executive function.
4. The agency may also have procedures for hearings, and the results of those proceedings can become precedent on agency policies. These hearings are akin to the trial procedures for the judicial branch.
While administrative agencies are still a part of the executive branch and are still checked by the other two branches of government, their regulations and enforcement schema often resemble their own subsystem of government, inclusive of functions for all three branches. Consequently, when discussing any law that may be administered by an agency, it is important to look not just to the statutory law or the case law, but also to any regulatory rules and decisions related to that matter. Failing to do so may amount to overlooking an enormous portion of the body of law affecting that topic.
Non Executive Branch Agencies
Not all regulatory law flows from the executive branch. The U.S. Congress has also created several judicial bodies called Article I tribunals. These tribunals have different levels of independence from the executive and legislative branches, and serve functions such as reviewing agency decisions, military courts-martial appeal courts, ancillary courts with judges appointed by judicial branch appeals court judges, or administrative agencies.
Article I tribunals are often controversial and their power has frequently been challenged before the United States Supreme Court. So far, the Supreme Court has supported the existence of Article I tribunals, but has held that their power must be limited and, when a potential deprivation of life, liberty, or property is at stake, their decisions will normally be subject to review by a judicial branch court.
For more information about regulatory laws, please visit the resources listed below. Additionally, should you have a specific question or need assistance from an attorney, you can find one in your area by visiting our Law Firms page.
Regulatory Law - US
- ABA - Administrative Law and Regulatory Practice Section
The Administrative Law Section serves its members, the bar and the public at-large, by providing a congenial forum to share new ideas and the most recent information on substantive and procedural developments in Administrative Law and Regulatory Practice.
- Administrative Procedure Act (APA)
The Administrative Procedure Act (APA) (P.L. 79-404) is the United States federal law that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations. The APA also sets up a process for the United States federal courts to directly review agency decisions. It is one of the most important pieces of United States administrative law.
- National Association of Administrative Law Judiciary (NAALJ)
NAALJ, a nonprofit corporation founded in Illinois in 1974, is the largest professional organization devoted exclusively to administrative adjudication within the executive branch of government. Its voting members exercise a broad subject matter jurisdiction and include state, federal, and local administrative law judges, administrative judges, hearing officers, referees, trial examiners, agency chairs, commissioners, and appellate authorities.
- Regulatory Law - Definition
Regulatory laws are procedures created by administrative agencies (governmental bodies of the city, county, state or Federal government) involving rules, regulations, applications, licenses, permits, available information, hearings, appeals and decision-making. Federal agency procedures are governed by the Administrative Procedure Act, and many states have adopted similar procedural formats either by law or regulation.
State Regulatory Commissions / Public Service Commissions
Organizations Related to Regulatory Law
- Cato Institute
The Cato Institute is a public policy research organization — a think tank — dedicated to the principles of individual liberty, limited government, free markets and peace. Its scholars and analysts conduct independent, nonpartisan research on a wide range of policy issues.
- Center for Regulatory Effectiveness (CRE)
The Center for Regulatory Effectiveness (CRE) was established in 1996, after the passage of the Congressional Review Act, to provide Congress with independent analyses of agency regulations. From this initial organizing concept, CRE has grown into a nationally recognized clearinghouse for methods to improve the federal regulatory process.
- National Center for Policy Analysis (NCPA)
The National Center for Policy Analysis (NCPA) is a nonprofit, nonpartisan public policy research organization, established in 1983. Our goal is to develop and promote private, free-market alternatives to government regulation and control, solving problems by relying on the strength of the competitive, entrepreneurial private sector.
- National Center for Public Policy Research
The National Center for Public Policy Research is a communications and research foundation supportive of a strong national defense and dedicated to providing free market solutions to today's public policy problems. We believe that the principles of a free market, individual liberty and personal responsibility provide the greatest hope for meeting the challenges facing America in the 21st century.
- Office of Information and Regulatory Affairs
The Office of Information and Regulatory Affairs (OIRA) is located within the Office of Management and Budget and was created by Congress with the enactment of the Paperwork Reduction Act of 1980 (PRA). OIRA carries out several important functions, including reviewing Federal regulations, reducing paperwork burdens, and overseeing policies relating to privacy, information quality, and statistical programs.
RAND focuses on the issues that matter most such as health, education, national security, international affairs, law and business, the environment, and more. With a research staff consisting of some of the world's preeminent minds, RAND has been expanding the boundaries of human knowledge for more than 60 years. As a nonpartisan organization, RAND is widely respected for operating independent of political and commercial pressures.
Regulations.gov is your online source for U.S. government regulations from nearly 300 federal agencies.
Publications Related to Regulatory Law
- Journal of Regulation
Regulation can be defined as a set of mechanisms, rules, institutions, decisions and principles that allow certain sectors of the economy to grow and maintain equilibriums that they could not establish solely via their own economic strength.
- OIRA - Regulatory Matters
Under the Paperwork Reduction Act, OIRA reviews all collections of information by the Federal Government. OIRA also develops and oversees the implementation of government-wide policies in several areas, including information quality and statistical standards. In addition, OIRA reviews draft regulations under Executive Order 12866.
Articles on HG.org Related to Regulatory Law
- Privatizing the Patriot Act: The Criminalization of Environmental and Animal ProtectionistsThe United States Patriot Act was implemented in 2001, and it has given law enforcement and other related agencies additional power to seek out, detain and seize citizens that may be suspected of terrorism and terroristic attacks on the country. Other laws have been passed that condemn and attempt to stop civil liberties from being impeded and infringed.
- What Should be Done to Fight the Patriot Act Applied to the Food Industry?Because of the Patriot Act and other laws that govern the food industry, it is not legal to provide statements and information that could affect the profits and revenue of these companies. However, there are ways to fight the Act and other regulations that are implemented to assist larger businesses.
- Is the Patriot Act Applied to the Food Industry Constitutional?Many believe that the Constitution of the United States is under attack by new regulations, laws and changes to rules that affect the civil liberties of American citizens. When individuals are not permitted to state the truth in person, online or in print that may affect the profits of food industry companies, it appears to affect the freedom of speech granted by the Constitution.
- Texas Voter Information for the Public and Private SectorsSince the founding of the republic, state governments have dutifully interpreted federal laws in ways that have best suited their constituencies. One of the more recent federal requests, that states turn over voting records to the Trump administration's Election Integrity Commission, has revealed surprising bipartisan alliances and agreements.
- Trucking Regulation UpdateUpdates on 2017 trucking regulations were recently presented at the National Private Truck Council (NPTC) Annual Conference in Cincinnati. The four major areas of interest at the conference focused on regulations for carrier safety fitness determination, driver training standards, proposed speed limiters, and electronic logging devices. The long debate over the 34-hour driver restart rule was also addressed and finally put to rest after an extended period of debate.
- Texas Legislation: "Knife Reform" PassedWhen the right to keep and bear arms is debated, the attention is usually focused on firearms. However, a growing “knife reform” movement is bent on removing laws that restrict the kinds of knives someone may legally carry. The Texas Legislature is the latest state body to have passed a knife reform bill and sent it for the signature of Gov. Gregg Abbott.
- Will Your Bill Survive Doomsday in the Texas Legislture?As the Texas Legislature enters the end of its session, some bills sit undisturbed, and could very well remain that way for all eternity. Although there are many ways a bill can die, from being voted down in the House or Senate to being vetoed by the governor, one of the easiest ways for a bill to face death is by doing absolutely nothing at all with it. These bills die quietly in committee for reasons that are discussed below.
- Import Violations: What You Need to Know about 19 USC § 1592In 2016, Customs and Border Protection (“CBP” or “Customs”) processed $2.28 trillion in imports, levying 13 monetary penalties totaling over $30.6 million on importers for fraud, gross negligence, and negligence for anti-dumping/countervailing duty (“AD/CVD”) violations.
- FDA Warns About DefibrillatorsTragically, two people recently lost their lives after the batteries in their implanted heart defibrillators failed to function properly.
- OPM Disability Retirement Applications: The Veteran and the Medical ConditionAn article about what U.S. Veterans in Civil Service jobs should know before applying for Federal Employee Disability Retirement benefits under either FERS or CSRS.
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Articles written by attorneys and experts worldwide discussing legal aspects related to Government including: administrative law, case law, election and political law, federal law, government contracts, local, municipal and state law, military law, public law, regulatory law, US federal courts.