Using Agency Websites to Conduct Administrative Law Research

Visiting a government agency’s website can be a valuable first step when performing administrative law research. Agency websites generally provide background on the agency, as well as information on the agency’s rules, enforcement actions, administrative decisions and rulings, and guidance on how to comply with regulations. To begin your administrative law research, check the A-Z Index of U.S. Government Departments and Agencies to find the website for the specific agency you want to research. If you’re not sure what agency your research question falls under, you can browse or search this list to help you narrow it down.  

About the Agency

An agency website provides information on the history, purpose, and structure of the agency. For example, on the National Ocean Service’s About Us page, there’s information on the agency’s mission, vision, priorities, and leadership. When planning your administrative law research, it’s always a good idea to begin by gathering some background information to make sure you’re researching the appropriate agency and to understand the agency’s authority.

Rules

Agency websites usually provide access to their rules and enacting legislation. For example, on the Department of Housing and Urban Development’s Policies, Guidance, and Forms page, there’s a link to Laws and Regulations. From there, you can check out HUD’s enabling statutes and HUD’s regulations in the eCFR system. There are also links to HUD’s Uniform Agenda and HUD policies that are open for public comment, so you can see what new rules are being proposed by the agency.

Enforcement

Some agency websites contain information on their enforcement actions. For example, the Consumer Financial Protection Bureau website has an Enforcement tab, which contains information on the Life Cycle of an Enforcement Action and data on the results of such actions. This website also provides information for whistleblowers. Similarly, the Equal Employment Opportunity Commission’s website has information for employees and job applicants on how they can file a complaint if they believe they have faced illegal discrimination.

Agency websites are also useful for reviewing administrative decisions. For example, on the Small Business Administration’s Office of Hearings and Appeals’ website, you can search decisions. The page also includes information on how to file an appeal.

Other Guidance

Agency websites usually include guidance documents, which provide the public with the agency’s current thinking on the best practices and recommendations for different topics. Although these documents are not legally binding, they can be helpful in interpreting regulations and checking whether certain actions satisfy regulatory requirements. For example, on the FDA’s website, the menu has a topic called Regulatory Information. From there, you can browse or search Guidance Documents.

Agency websites can also provide helpful resources like sample legal documents and forms. For example, the Women’s Bureau has resources for domestic workers, including sample employment agreements and best practices for drafting employment agreements. Additionally, the Patent and Trademark Office website has forms for patent applicants.

Evaluating Agency Websites

When reviewing an agency website, make sure you’re considering the intended audience. Agency websites often have easily understandable information geared towards the general public, which can be a good starting point if you’re a novice in the field. For example, the USDA website has Food Safety Brochures and Publications that are directed to the layperson. The information on this page is presented in a casual tone with easy to understand language. However, agency websites also can have more technical information, geared towards industry and lawyers. The USDA website, for example, has information on Trade Agreements. Browse the menu on a website to see the topics and audiences that the website addresses.

As with all legal research, it’s important to perform currency checks when looking at agency websites. Check for a date that provides when the page was published or last updated before relying on the displayed information. Remember that the Federal Register is published daily, so there can always be newer information on federalregister.gov that hasn’t made its way to the agency’s website yet.

Because each agency has its own website, there is no guarantee that the agency you’re researching will have all of this information. Additionally, the websites are organized differently, so information might be easier to find on some websites than it is on others. However, agency websites are always a good place to begin your administrative law research.