...Week 2 Homework – Administrative Law Assignment State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest 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) Department of Health and Human Services – Food and Drug Administration As an independent pharmaceutical representative currently contracted with a company who manufactures, markets and samples prescription drugs for colds, coughs and allergies this will have a significant impact on my prescription product line. 2. Describe the proposal/change. (10 points) The proposal will no longer allow the marketing, production, distribution and or sell of unapproved FDA prescription drugs for colds, coughs and allergies. 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) My comment is that although these drugs...
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...1. State the administrative agency that controls the regulation. Explain why this agency and your proposed regulation interest 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) The administrative agency that controls the specific regulation that I select is, “Office of the Secretary, Department of Defense (DoD).” Regulation: Child Development Programs (CDPs) ACTION: Interim final rule. This agency and the proposed regulation interest me because of my time spent in the military. While serving my country for I had seen many different changes take place due to new regulations imposed to the military by the DOD. In this case, the regulation is one that would have affected me if I was still in. CDP’s are of critical importance to the men and women that serve our country. Knowing that are government is attempting to increase the current level of assistance is gives CDP’s would be a big win for the government and the children and parents that will be impacted. 2. Describe the proposal/change. (10 points) The proposed...
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...LAW 443 ADMINISTRATIVE LAW I NATIONAL OPEN UNIVERSITY OF NIGERIA SCHOOL OF LAW COURSE CODE: Law 443 COURSE TITLE: Administrative Law I 1 LAW 443 ADMINISTRATIVE LAW I Course Code: Course Title: Course Developer/Writer: Administrative Law I Law 443 Simeon Igbinedion, LL.B., LL.M., B.L., PH.D., Faculty of Law, University of Lagos. Professor Animi Awah Ifidon Oyakhiromen, LL.B, LLM, M.Phil, Ph.D, BL Course Editor: AG. Dean,/Programme Leader: Course Coordinator: Mr. Ayodeji ige, LLM, BL 2 LAW 443 ADMINISTRATIVE LAW I COURSE GUIDE CONTENTS PAGE Introduction ……………………………………………………………………….. 1 What You Will Learn in this Course …………………………………………….... 2 Course Aims ………………………………………………………………………. 3 Course Objectives ………………………………………………………………… 3 Study Units ……………………………………………………………………….. 3-4 Tutor-marked Assignment ……………………………………………………....... 4 References/Further Reading ……………………………………………...……. 4 3 LAW 443 ADMINISTRATIVE LAW I Introduction Consider a situation where your residential property in which you have lived for decades has been demolished by the authorities of the FCT, or the Lagos State Ministry of Environment for allegedly being located in an industrial area. Suppose some customs officers at a checkpoint found you in possession of items which they claim to be contraband and, therefore, seized pursuant to the new Customs policy of zero-tolerance of goods likely to endanger the economic growth or contribute to the...
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...GM520 - Week 2 Homework 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: (1) a Word doc with the questions and your answers and (2) a copy of the proposed regulation you used for this assignment. (10 points) Nebraska Department of Revenue – I own an operating farm in the state of Nebraska and this new bill hold potential tax saving. This will affect me by potentially reducing or refunding the sales and use tax liability on farm equipment. 2. Describe the proposal/change. (10 points) This bill will eliminate the application and imposition of sales and use tax on the “sale, lease, or rental of and the storage, use, or other consumption” of repair or replacement parts for agricultural machinery and equipment used in commercial farms. 3. Write the public comment which 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) My comment is that the elimination of sales and use...
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...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) The legislation I chose to research is the “Protecting Academic Freedom in Higher Education Act” (H.R. 2117). This bill seeks to repeal a recent rule change by the U.S. Department of Education, which federally defines a credit hour as used by all institutes of Higher Education. It would also repeal the so-called state authorization regulation which significantly expands and complicates existing federal requirements for an institution to legally operate within a state I chose this legislation because as a leader in Higher Education the statute directly impacts my and all schools in the country; unduly burdening us and limiting the rights of our students. 2. Describe the proposal/change. (10 points) In October 2010, the U.S. Department of Education (DOE) released a package of regulations to purportedly improve the integrity of the student financial...
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...to understand what administrative law is. Briefly, it is the branch of law that deals with public administration, provideing authority on which administrative agencies operate as well as the limits necessary to control them. Having studied chapter 1 of Cooper, go beyond this basic definition and discuss administrative law broadly and narrowly. Answer: One will find that “administrative law” has been defined in two senses. On the one hand, the concept has a broad sense that includes “not only administrative powers, their exercise, and remedies but also such subjects as the various forms of administrative agencies; the exercise of and limitations upon regulatory power; the law of the civil service; the acquisition and management of governmental property; public works; and administrative obligations.” Having recognized this broad sense, however, most legal practitioners tend to dismiss that perspective in favor of a narrower conception. The authors, who work from a narrow view of administrative law, base their definition on a number of specific distinctions that should not be quiclky or uncritically made and one key omission that has become increasingly important. First, there is the oft-repeated assumption that administrative law is procedural and not substantive. A second distinction on which the narrow definition rests concerns what is sometimes called the internal versus external dichotomy. This view asserts that the proper scope of administrative law is limited to agency...
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...1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest 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 Drop box: (1) a Word doc with the questions and your answers and (2) a copy of the proposed regulation you used for this assignment. (10 points) The administrative agency that controls the regulation is the Department of The Treasury, Internal Revenue Service. My interest is in the proposed regulation that is as an accounting professional. The effect of the future change will result in registration fees and application requirements and continuing learning, which will be set forth in additional guidance publications. However, this regulation will cause a fee to be charged for the renewal or initial issuance of a Preparer Tax Identification Number. 2. Describe the proposal/change. (10 points) The proposed change will cause a registration requirement for all paid tax preparers that will file tax returns after December 31, 2010. There will be a registration fee of $64.25 annually. Registration will be electronic and there will be competency exam requirements and finally continuing education...
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...WEEK 2 ASSIGNMENT Assignment: 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? The regulation that I have chosen is the amendment in Regulation X (Real Estate Settlement Procedures Act) and Regulation Z (Truth in Lending) to establish new disclosure requirements and forms in Regulation Z for most closed-end consumer credit transactions secured by real property. This regulation is controlled by Bureau of Consumer Financial Protection. The role of Consumer Financial Protection Bureau (CFPB) is to provide consumers the information related to the terms of their agreements with financial companies during their application for a mortgage, choosing among credit cards, or using any number of other consumer financial products. (http://www.consumerfinance.gov/the-bureau/). The mortgage market is the single largest market for consumer financial products and services in the United States, with approximately $10.3 trillion in loans outstanding. During the last decade, the market went through an unprecedented cycle of expansion and contraction that was fuelled in part by the securitization of mortgages and creation of increasingly sophisticated derivative products. This led to the collapse of financial system in 2008 and sparked the most severe recession in the United States. Four years later,...
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...Week 2 Homework – GM520 1. State the administrative agency that 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) Department of Justice (DOJ) – Being from Texas where there is no secret about one’s personal firearms, I found interest in this topic because of the many people I know that own firearms. This proposal will have an affect on many Americans depending on what state you are in. 2. Describe the proposal/change. (10 points) The purpose of the proposal is to identify the definition of a “pistol”. Determining the definition will establish carrying permits and regulations for each state. 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) As a Texas native, I have many friends and family who own...
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...1. State the administrative agency that 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? The amendment in Regulation X (Real Estate Settlement Procedures Act) and Regulation Z (Truth in Lending) to establish new disclosure requirements and forms in Regulation Z for most closed-end consumer credit transactions secured by real property. This regulation is controlled by Bureau of Consumer Financial Protection and their role is to provide consumers the information related to the terms of their agreements with financial companies during their application for a mortgage, choosing among credit cards, or using any number of other consumer financial products. The mortgage market is the single largest market for consumer financial products and services in the United States, with approximately $10.3 trillion in loans outstanding. During the last decade, the market went through an unprecedented cycle of expansion and contraction that was fuelled in part by the securitization of mortgages and creation of increasingly sophisticated derivative products. This led to the collapse of financial system in 2008 and sparked the most severe recession in the United States. Four years later, home prices are down 35 percent from peak to trough on a national basis. The fall in housing prices is estimated to have resulted in about $7 trillion in household...
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...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: (1) a Word doc with the questions and your answers and (2) a copy of the proposed regulation you used for this assignment. (10 points) Agency: Federal Railroad Administration (FRA) Parent Agency: Department of Transportation (DOT) I’m a project manager and I work in construction and this regulation affects me directly because on some of the projects I’m working on, I deal with railroad employees. This regulation promotes for a safer work environment. 2. Describe the proposal/change. (10 points) FRA is establishing minimum training standards for all safety-related railroad employees, as required by the Rail Safety Improvement Act of 2008 (RSIA). The final rule requires each railroad or contractor that employs one or more safety-related railroad employee to develop and submit a training program to FRA for approval and to designate the minimum training qualifications for each occupational category of employee. The rule also requires most employers to conduct periodic oversight of their...
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.... State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest 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: (1) a Word doc with the questions and your answers and (2) a copy of the proposed regulation you used for this assignment. (10 points) The administrative agency that controls this regulation is the Fish and Wildlife Service, which is under the Department of the Interior. This proposed regulation interests me because it affects wildlife that have done nothing but existed for many years and humans have infringed on their land. I have issues with companies who think that they can go in, do what this wish and not have to be held accountable for what they have done or for what they might do. 2. Describe the proposal/change. (10 points) The proposed regulation would authorize the incidental, but not intentional, taking of polar bears, and walruses in the Beaufort Sea and coast line of north Alaska while looking for and drilling of gas and oil. 3. Write the public comment which you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you...
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...HOMEWORK ASSIGNMENT 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? The U.S. Agency for International Development (USAID) issued a new Scientific Integrity Policy to safeguard the quality and integrity of the Agency's scientific and scholarly activities. This agency is made for the International Development and is in favor of the people around the world which makes me glad and this fact interests me. This proposed regulation will not be affecting me or my work place. It would be a general public benefit which would make everyone feel at ease. 2. Describe the proposal/change. Spurred by a 2009 directive from President Obama and subsequent guidance from the White House, this policy articulates the principles regarding how scientific and scholarly activities are supported and carried out, and how research findings are used and disseminated. Specifically, the policy outlines guiding principles for the entire Agency that will: • Protect the scientific process from misconduct and from inappropriate influence; • Promote access to scientific and technical information; • Maintain a highly skilled technical and scientific staff; • Convene and use federal advisory committees ethically and transparently; and, • Ensure quality, methodological rigor, and ethical standards in all USAID-funded...
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...Re: Chocolate Manufacturers Association of the United States v. John R. Block, Secretary, U.S. Department of Agriculture; Samuel J. Cornelius, Food and Nutrition Service and U.S. Department of Agriculture 755 F. 2nd 1098 (1985) Facts of the case: The Food and Nutrition Service (FNS) of the United States Department of Agriculture (USDA), published a rule, for comment, that proposed a maximum sugar content specifically for authorized cereals used in the Special Supplement Food Program for Women, Infants, and Children (WIC Program) ( Chocolate Manufacturers Association v. Block). Under WIC, the USDA designs food packages reflecting the different nutritional needs of women, infants, and children and provides grants to state or local agencies to distribute cash or vouchers to qualifying individuals in accordance with the Departmental regulations regarding the quantity and type of food ( Chocolate Manufacturers Association v. Block). In addition to the rule, the USDA published a preamble which discussed the general purpose of the rule and problems associated with high sugar foods. Neither the proposed rule nor its preamble discussed sugar in relation to flavored milk, although the rule did include flavored milk in the list of approved food packages for women and children without special dietary needs ( Chocolate Manufacturers Association v. Block). Responding to public comments, the USDA deleted flavored milk from the approved packages list in the final rule (Chocolate Manufacturers...
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...PROPOSED REGULATION CHANGES 1Q: 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) 1A: Department of Education. This interests me because I am a Graduate student with extremely high student loan debt. This regulation was made official this past week. This regulation does not affect the business field I work in (accounting), but it DOES affect me, the student with the student loan debt. 2Q: Describe the proposal/change. (10 points) 2A: This proposal updates the regulations and details in implementing a new Income-Contingent Repayment (ICR) plan in the Direct Loan program. This proposal is based on President Obama’s “Pay As You Earn” initiative. 3Q: 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) 3A:...
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