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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.

Nothing here is scored or saved. Pick what you think, then read why — the reasoning for every option is shown.

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.

28 C.F.R. Part 36 — contents
Title 28 › Ch. I (DOJ) › Part 36 › Subpart › Section
  • 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?