Administrative Law

gm520_week_2_assignment_template_0 xexample_of_proposed_regulation_1 x
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 ( ) or Adobe file ( ). 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)
5.
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 the 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)
Use the template in Doc Sharing to complete this assignment. Answer each question fully. Your homework will be about 1 to 2 pages long,

Week 2 Homework Template

Please use this template to submit your homework for Week 2. You can use as much space as you need to for each of your answers by using the “insert” function in Word. Do not delete the questions from the template.

Remember to cite any sources used in answering any of the questions. Please include your first and last name in the title of the Word Document when you submit it as an attachment to the Dropbox. Your assignment is due by Sunday, end of Week 2, 11:59 p.m. (MT).

It is the student’s responsibility to confirm that the attached files are the correct files and that they are actually in the Dropbox.

Week 2 TCO B Homework:
  

Homework Tip:

The easiest way to find a proposed regulation for this assignment is to go to the Regulations.gov website.  Do NOT go to the website of the federal administrative agency itself as it is easy to become confused and you may end up selecting an item that is not a proposed regulation. Be careful NOT to choose a piece of
legislation
. Also, please do not use a foreign regulation for this assignment as you will not be able to answer all of the questions for this assignment and will therefore lose points. For this assignment, you must find a regulation proposed by an administrative agency. If you are unable to answer all 5 of the questions if the template, you probably have not found a proposed regulation and need to keep looking.

1. At the Regulations.gov home page, click on “search for a proposed rule”.

2. Use the drop down arrow under “Select document type” and choose “Proposed Rules” and just hit the Search button.

3. On the Search results page (the next page that comes up), check the box by “Open” under “Comment Period” (you should not have to hit the orange Search button again).

4. Now you will see the results for proposed rules/regulations that currently have an open comment period.
The proposed regulation does NOT have to be related to your work.

1. Identify the administrative agency which controls the regulation. Briefly explain why this agency and your proposed regulation interests you. If this proposed regulation will affect you or the business in which you are working, please explain how. It is not required that the proposed regulation affect you professionally or personally. You can use any regulation for this assignment so long as you are able to answer the questions posed here (Questions 1-5). The proposed regulation can be submitted as either a separate Word document ( ) or Adobe file ( ). This means you will have two items to submit to the Week 2 Dropbox: (1) this template filled in with your answers and (2) a copy of the proposed regulation you used for this assignment. (10 points)

Answer:

2. Describe the proposal/change. (10 points)

Answer:

3. Write a comment which you would submit to the administrative agency regarding this proposed regulation. (For example, are you in favor of the proposed regulation or against it? Why?) If the deadline for comments has already passed, write the comment you would have submitted had there been time. Also, explain briefly what you wish to accomplish with your comment. (10 points)

Answer:

4.  Provide the “deadline” (date) by which comments are (or were) due. If the due date has already passed, please provide when the deadline was. (NOTE: If you cannot find the answer to this question, you probably have not found a proposed regulation and you should look for a different one to complete your assignment.) (5 points)

Answer:

5. 

a. To what does your comment’s submission legally entitle you? In other words, 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.) (2 points) 

b. If the proposal passes, identify and explain the five legal challenges you could use in an attempt to have the regulation declared invalid and overturned? Explain each. (10 points) 

c. Which of these challenges would be the best way to challenge the regulation you selected for this assignment and why? (3 points) 

Answer ALL of the questions for #5 even if you are in favor of your proposed regulation.
(15 points)

Answers:

a.

b.

c.

Week 2 Homework Template

Please use this template to submit your homework for Week 2. You can use as much space as you need to for each of
your answers by using the “insert” function in Word.

Do not delete
the questions from

the template.

Remember to cite any sources used in answering any of the questions.
Please include your first an
d last name in the title
of the Word Document
when you submit it
as an attachment
to the Dropbox
.

Your assignment is due by
Sunday, end of
Week 2, 11:59 p.m. (
MT).

It is
the student’s responsibility to confirm
that the
attached
file
s are

the correct files and that they are
actually in the
Dropbox
.

W
eek 2 TCO B Homework:

Homework Tip:

The easiest way to find a proposed regulation for this assignment is to
go

to

the

Regulations.gov

website
.

Do NOT
go to
the website of the federal administrative agency itself

as it is easy to become confused and you may end up selecting an
item that is not a proposed regulation
.

Be careful
NOT

to choose a piece of
legislation
.

Also, please do not use a foreign
regulation for this assignment as you will not be able to answer all of the questio
ns for this assignment and will

therefore
lose points.

For this assignment, you must find a regulation proposed by an administrative agenc
y. If you are unable to
answer all 5 of the questions if the template, you probably have not found a proposed regulation and need to keep
looking.

1.
At the Regulations.gov home page
,

click on

“search for a proposed rule”.

2.
Use

the drop down arrow under “Select document type” and choose “Proposed Rules” and just hit the Search button.

3.
On the Search results page (the next page that comes up), check the box by “Open” under “Comment Period”
(you
should not have to

hit the oran
ge Search button again
)
.

4.
Now you will see the results for proposed rules/regulations that currently have an open comment period.
The proposed
regulation does NOT have to be related to your work.

1.

Identify
the administrative agency

which controls the

regulation.

Briefly e
xplain why this agency and your proposed
regulation inte
rests you
.

If

this proposed regulation
will
affect you or the bu
siness in which you are working, please explain
how. It is not required that the proposed regulation affect you
pr
ofessionally or
personally. You can use any regulation for
this assignment so long as you are able to answer the questions posed here (Questions 1
–
5).
T
he
proposed
regulation
can

be submitted
as
either
a separate Word document
( )
or Adobe file

( ).
This means you will have two items
to submit to the
Week 2 Dropbox
: (1) this template filled in with your answers and (2) a copy of the proposed
regulation you used for this assignment.

(
10 points)

Answer:

2.

D
escribe the proposal/change.

(
10 points
)

Answer:

Week 2 Homework Template
Please use this template to submit your homework for Week 2. You can use as much space as you need to for each of
your answers by using the “insert” function in Word. Do not delete the questions from the template.
Remember to cite any sources used in answering any of the questions. Please include your first and last name in the title
of the Word Document when you submit it as an attachment to the Dropbox. Your assignment is due by Sunday, end of
Week 2, 11:59 p.m. (MT).
It is the student’s responsibility to confirm that the attached files are the correct files and that they are actually in the
Dropbox.
Week 2 TCO B Homework:

Homework Tip:

The easiest way to find a proposed regulation for this assignment is to go to the Regulations.gov website. Do NOT go to
the website of the federal administrative agency itself as it is easy to become confused and you may end up selecting an
item that is not a proposed regulation. Be careful NOT to choose a piece of legislation. Also, please do not use a foreign
regulation for this assignment as you will not be able to answer all of the questions for this assignment and will therefore
lose points. For this assignment, you must find a regulation proposed by an administrative agency. If you are unable to
answer all 5 of the questions if the template, you probably have not found a proposed regulation and need to keep
looking.

1. At the Regulations.gov home page, click on “search for a proposed rule”.

2. Use the drop down arrow under “Select document type” and choose “Proposed Rules” and just hit the Search button.

3. On the Search results page (the next page that comes up), check the box by “Open” under “Comment Period” (you
should not have to hit the orange Search button again).

4. Now you will see the results for proposed rules/regulations that currently have an open comment period. The proposed
regulation does NOT have to be related to your work.
1. Identify the administrative agency which controls the regulation. Briefly explain why this agency and your proposed
regulation interests you. If this proposed regulation will affect you or the business in which you are working, please explain
how. It is not required that the proposed regulation affect you professionally or personally. You can use any regulation for
this assignment so long as you are able to answer the questions posed here (Questions 1-5). The proposed regulation
can be submitted as either a separate Word document ( ) or Adobe file ( ). This means you will have two items
to submit to the Week 2 Dropbox: (1) this template filled in with your answers and (2) a copy of the proposed
regulation you used for this assignment. (10 points)

Answer:

2. Describe the proposal/change. (10 points)

Answer:

Class, here is what a proposed regulation will look like.

Notice that in the Action field it states “Notice of proposed rulemaking” and under the summary it provides the date by which comments must be submitted.

Class, here is what a proposed regulation will look like.

Notice that in the Action field it states “Notice of proposed rulemaking” and under the summary it provides the
date by which comments must be submitted.

Class, here is what a proposed regulation will look like.

Notice that in the Action field it states “Notice of proposed rulemaking” and under the summary it provides the
date by which comments must be submitted.