Pick an administrative agency of either the federal or a state government. Find where the current and proposed regulation changes for that agency are located on the Internet. (i.e., the Federal Register or the State Administrative Agency website.) Regulations.gov is a good place to begin your research. Pick one proposed regulation change currently under consideration (if you find one that has already closed out but interests you, you can use that instead) and write the following regarding it:
1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (a) a Word document with the questions and your answers and (b) a copy of the proposed regulation you used for this assignment. (10 points)
2. Describe the proposal/change. (10 points)
3. Write the public comment that you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment. (10 points)
4. Provide the “deadline” by which the public comment must be made. (If the date has already passed, please provide when the deadline was). (5 points)
a. Once you have submitted your comment, what will you be legally entitled to do later in the promulgation process (if you should choose to do so)? (See the textbook’s discussion of the Administrative Procedure Act.)
b. If the proposal passes, identify and explain the five legal theories you could use in an attempt to have (any) administrative regulation declared invalid and overturned in court.
c. Which of these challenges would be the best way to challenge the regulation you selected for this assignment if you wanted to have the regulation overturned and why?
Answer all of these questions for #5 even if you are in favor of your proposed regulation.
The response to question 5 should be a minimum of 2–3 paragraphs long. (15 points)
Copy and paste the above five items into a Microsoft Word document and answer each question fully. Your homework will be about 1 to 2 pages long, single spaced (50 points). (For a copy of a sample homework showing the beginning questions answered, please click here. This will give you some direction on how to complete this assignment – of course, you can’t use the regulation listed in this sample.)
Submit your assignment to the Dropbox located on the silver tab at the top of this page. For instructions on how to use the Dropbox, read these step-by-step instructions or watch this Dropbox tutorial. It is the student’s responsibility to check to see that the file is actually in the Dropbox.
See Syllabus Due Dates for Assignments & Exams for due date information.
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