cfrs and the law

[rmknox]

What is the name of your state (only U.S. law)? california

One can be charged with a criminal offense for violating a CFR

In that sense the CFR is a law - but it was not written by the legislature

For each CFR is there an enacting piece of legislation? If so, how does one locate the enacting legislation?

 

[racer72]

Every regulation in the CFR must have an "enabling statute", or statutory authority. The United States Code (U.S. Code) precedes the CFR and contains statutes enacted by Congress. The CFR contains regulations, which spell out in further detail how the executive branch will interpret the law.[1] The two documents represent different stages in the legislative process. The U.S. Code is a codification of legislation, while the CFR serves as administrative law. Administrative law exists because the Congress often grants broad authority to executive branch agencies to interpret the statutes in the U.S. Code (and in uncodified statutes) which the agencies are entrusted with enforcing. Congress may be too busy, congested, or gridlocked to micromanage the jurisdiction of those agencies by writing statutes that cover every possible detail, or Congress may determine that the technical specialists at the agency are best equipped to develop detailed applications of statutes to particular fact patterns as they arise.

Yes, no, and not applicable.

 

[DeenaCA]

For each CFR is there an enacting piece of legislation? If so, how does one locate the enacting legislation?

You can find the sources for the Code of Federal Regulations at www.ecfr.gov. Find the applicable Title - for example, Social Security is under Title 20, HUD is Title 24, etc. Click on the applicable Part of the CFRs. The controlling laws appear under the table of contents. For example, I selected Title 24, Part 5, and scrolled down to:

Authority: 42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n, 3535(d), Sec. 327, Pub. L. 109-115, 119 Stat. 2936, and Sec. 607, Pub. L. 109-162, 119 Stat. 3051.

The "authorities" are the federal laws controlling this section. Also note that each Subpart has references to subsequent Federal Register notices that revised the CFRs. For example, these are the references for 24 CFR 5.100:

[61 FR 5202, Feb. 9, 1996, as amended at 63 FR 23853, Apr. 30, 1998; 65 FR 16715, Mar. 29, 2000; 66 FR 28791, May 24, 2001; 77 FR 5674, Feb. 3, 2012]

You can look up the laws and the FR notices online. You should review both to understand the current interpretation of a CFR section.

 

[rmknox]

You can find the sources for the Code of Federal Regulations at www.ecfr.gov. Find the applicable Title - for example, Social Security is under Title 20, HUD is Title 24, etc. Click on the applicable Part of the CFRs. The controlling laws appear under the table of contents. For example, I selected Title 24, Part 5, and scrolled down to:


The "authorities" are the federal laws controlling this section. Also note that each Subpart has references to subsequent Federal Register notices that revised the CFRs. For example, these are the references for 24 CFR 5.100:


You can look up the laws and the FR notices online. You should review both to understand the current interpretation of a CFR section.

DeenCA - fantastic - thanks so much - Dick

 

[FlyingRon]

Every CFR provision is authorized by some congressionally passed ENABLING legislation. That and the due process involved in both the enactment (even if non congressional) and enforcement of the regulation provides the necessary Constitutional protections. After you exhaust your regulatory due process, you then have the option of appealing to the proper judiciary.