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Administrative Law

State Administrative Law

Administrative law exists in all 50 separate state systems and operates similarly to the federal paradigm. States differ in their use of terminology, agencies and agency structures, and rulemaking requirements. Once you know the state jurisdiction that controls, learn the state law that applies to regulations. For example, most states have administrative procedure statutes that must be considered when researching a regulatory issue. 

County, city, town, and village ordinances are authorized by state statutes and constitutions and can be considered a form of administrative law.  Like the 50 states, counties and municipalities operate with agency-like departments and commissions.  Some local government agencies have policy rules and the authority to adjudicate – for example, Milwaukee has a municipal civil service commission for employment disputes. Check municipal websites for departments and commissions, which often have links to enabling statutes and ordinances.

Research state statutes and local ordinances to find law that governs an issue. "Home rule" powers differ across states, and also within states, depending on the political subdivision (city, county, town, village) and the specific statutory enabling authority conferred.  Commercial legal databases have some county and city primary materials.  Research state enabling laws in an annotated statutory code (Westlaw, Lexis) to find decisions about localities' home rule powers that have been tested in the courts.   

Free websites offer ordinances for selected localities.  Often, a county, city, or town will post its current ordinances on the local government website.

General Resources for Pennsylvania Administrative Law