Chapter 7 · Practice
Regulations Practice
Four moves a regulatory researcher makes: navigate the CFR to the right place, choose between the CFR and the Federal Register, read the operative verb precisely, and confirm the rule is still good.
Part 1
Navigate the CFR
You navigate regulations the same way you navigated the Code: drill from the Part down to the subpart that answers your question. Here is the table of contents for the (real) ADA Title III rules, 28 C.F.R. Part 36.
- Subpart AGeneral — purpose and the definitions (\u00a7 36.104)
- Subpart BGeneral Requirements — the broad prohibitions on discrimination
- Subpart CSpecific Requirements — what a covered entity must actually do
- Subpart DNew Construction & Alterations — adopts the 2010 ADA Standards (measurements, tables)
- Subpart EEnforcement — complaints, investigations, remedies
- Subpart FCertification — state and local building codes
Part 2
CFR or Federal Register?
One is the current, subject-organized rule text; the other is the chronological record — and the home of the preamble. For each need, where do you go?
Part 3
Read the verb
Regulatory language is precise on purpose. For each excerpt, what does the operative word actually require?
Part 4
Is it still good?
A regulation in the CFR isn’t automatically the rule in force today — agencies amend often, and courts can strike a rule down. For each situation, what do you do?