What is Administrative law?
Administrative law is the exercise of government authority by the executive branch and its agencies. Under the delegation doctrine, the legislative branch passes laws called "enabling acts," which give authority to agencies to enact regulations to interpret and administer statutes. These administrative regulations (often referred to as "rules") have the same force of law as statutes.
Under the authority of the enabling act agencies enact and enforce legally binding regulations. One common means of challenging agency action is asserting that the agency exceeded the authority delegated to it in the enabling act.
Oklahoma Administrative Law Research
Oklahoma Legal Research outlines a strategy for Oklahoma administrative law research as follows:
1. Locate the statutory or constitutional provision creating the agency or granting the agency authority to act. Use of the annotated code (including the Oklahoma Constitution) will assist in determining whether there is authority indicating that the agency acted within the grant of power,
2. Locate the text of relevant rules in the Oklahoma Administrative Code.
3. Update rules using the Oklahoma Register to locate recent changes or proposed changes. Citator tools may assist in locating entries in the Oklahoma Register.
4. Locate agency and judicial decisions applying rules in similar circumstances or opinions of the Attorney General regarding applicable rules.
Oklahoma Legal Research
Oklahoma Legal Research by ISBN: 9781611631340Publication Date: 2013-09-01Oklahoma Legal Research is the first book focused exclusively on how to research Oklahoma law. Oklahoma Legal Research: * examines resources and research methods for all types of Oklahoma primary law, secondary law, and practice materials; with chapters on researching Oklahoma statutory, regulatory, and case law; * includes a chapter on researching tribal law for Native American tribes located in Oklahoma; * discusses how to do historical statutory research to locate the increasingly available legislative history materials for Oklahoma statutes; and * covers resources and methods in both print and online formats, with visuals included to assist the researcher. This text has been written for legal researchers of various levels of experience and training. For those just learning the intricacies of legal research, it explains the basic processes and introduces the novice to the most important sources of Oklahoma and Native American tribal law. It also briefly discusses analogous materials in federal law, so that the less experienced researcher can better see the parallels between state and federal research. Experienced researchers will also benefit from having a text that brings together both print and online sources of Oklahoma law and that will assist them in determining which of those sources are better suited to accomplishing a particular research task. This book is part of the Legal Research Series, edited by Suzanne E. Rowe, Director of Legal Research and Writing, University of Oregon School of Law.
