Administrative Legal Research:Federalism & Power-Sharing

Neal R. AxtonInformation Resources

Who is this man?

Biographical Sketch

• Dennis Rader, Aged 59• Married with Children• Lived in Park City, Kansas (suburb of

Wichita)• Deacon at a Lutheran Church• Worked as a Compliance Officer –Housing– Zoning–Animal Control

Compliance Officer

• Compliance with state, county and municipal codes, rules and reg’s– Height of Grass– Parking Legally– Public Nuisance / Noise Ordinances– “Junk” Cars– Dog Ordinance– Heating your home/garage– Smoke Detectors– Household Hazardous Waste

Alter Ego• After a 31-year investigation, police

arrest Dennis Rader as the BTK killer• BTK was caught through metadata on a

computer disk he submitted to police to taunt them• Confessed to 10 murders in 2005• Sentenced to 9 life sentences & “hard 40”• BTK stands for ?

Regulatory State

Everything I do is either illegal, immoral, or fattening.

- W.C. Fields

Compliance Officer was perfect post to investigate people’s homes and private lives.

Nanny State, Surveillance vs Dataveillance

Who shall guard the guardians?

- Plato

Jurisdiction• United Nations• Foreign• Federal• State• Tribal• County• Municipal Corporation aka City• Quasi-Municipal Corporation

Ramsey County Ordinances

Clean Water Act

Municipal Ordinances

True or False?

City inspectors (e.g. Minneapolis) can enforce:

• federal law• state law• county ordinances • local ordinances

Governing is a Shared Responsibility

• Balance of Powers• Federalism– Local is Arguably Better– Beyond Reach of Boehner!

Municipal Ordinances• Police Powers

– Health, Welfare, Morality, Safety

• Home Rule

– Cf. Dillon’s Rule

Police Powers via Wikipedia

https://en.wikipedia.org/wiki/Police_power_(United_States_constitutional_law)

Corporate Law?• Municipal Corporations

– Antecedents– Roman Law

– City-States

– Common Law

– Corporate Charters– Quasi-Municipal Corporations

• League of Minnesota Cities – http://www.lmc.org/

LMC today

City Agencies & Rule-Making• Home Rule

– Cf. Rule in Dillon’s Case

• Formal Rule-Making– Hearings

• Informal Rule-Making– Notice and Comment

• Hybrid Rule-Making– Legislative Decreed Hoops to Jump Through

Delegating Discretion

The modern tendency is to be more liberal in permitting grants of discretion to administrative officers in order to facilitate the administration of laws as the complexity of economic and governmental conditions increases.

Dunnell’s Digest, Administrative Law, Sec. 1.00d

Minnesota

• Minnesota never adopted Model APA

• Minnesota APA, Minn. Stat. Chapter 14

circa 1945

• Proposed Rules published in

State Register

• Minnesota Rules (compiled since 1970)

• Office of Administrative Hearings (OAH)

Minnesota Regulations

• Chronological: Minnesota Register

• Topical: Minnesota Rules

Chronological Rules

•Order they were adopted

•Most recent supersedes

Basic Overview ofInformal Rule-making Process

•Proposed Rule•Comment Period• Final Rule

•Codification

Overview of Minn.’s Formal Rule-making Process (Ch. 14)• Statement of Need & Reasonableness• 30 Day Notification Period• Proposed Rule• 30 Day Comment Period• If 25+ Comments = OAH Hearing• Final Rule• Codification

Questions?

A business in a government setting…

http://bit.ly/mn-register

https://www.revisor.mn.gov/state_register/

Jurisdiction• United Nations• Foreign• Tribal• Federal• State• Metropolitan Council• County• Municipal Corporation aka City• Quasi-Municipal Corporation

Two Types of Proposals

Bueller? Bueller?

End of Preamble & Rule Text

Rules Browse

https://www.revisor.mn.gov/rules/

Switch to Numerical View

Toggle Switch

Agency View

https://www.revisor.leg.state.mn.us/rules/

External Links

OAH

http://mn.gov/oah/

“Trial Type” Hearings

Questions?

http://mn.gov/portal/government/state/agencies-boards-commissions/

http://bit.ly/mn-agencies

Minnesota Bluebook• http://www.sos.state.mn.us/index.aspx?page=1744

• http://bit.ly/MNbluebook

DPS

Questions?

Default Research PlanPrimary Law (by Jurisdiction)

• Statutes• Regulations• Executive Orders• Case Law– Shepardize or Keycite

Secondary Law or Legal Commentary

• Nutshells• Treatises• Practice-Oriented Materials

http://www.leg.state.mn.us/

http://bit.ly/2014HF2724

http://www.leg.state.mn.us/

Search Box

Search Box Options

More button leads you here.

Start in Minn. Statutes

Index to Minn. Agency Rules

Too many rules?

Q is for Quarantine

Follow the Arrow

So many diseases

Bloodborne

OSHA rules?

Questions?

Obama Care

Thanks but No Thanks

Belay that!

• http://www.leg.mn/archive/execorders/11-02.pdf

http://www.leg.state.mn.us/lrl/execorders/

Minnesota Executive Order Search Engine

Most Recent M.G.E.O’s

Satire

http://www.thedailyshow.com/watch/thu-october-10-2013/medican-t

http://bit.ly/medicant