...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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...Dorothy Scroggins GM520 - Week 2 Assignment Administrative Law Assignment SEP10 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? I chose the Department of Public Safety, Division 45: Missouri Gaming Commission, Chapter 5: Conduct of Gaming. One of the many benefits Casinos love to share is that money from their profits will go to a public school fund. 2. Describe the proposal/change. The Gaming Commission is proposing an amendment to 11 CSR 45-5.051, Minimum Standards for Blackjack. The amendment will allow a floor supervisor (Pit-Boss) may direct the dealer to shuffle the cards after any round of play is completed and all wagers have been resolved. It won’t affect me directly but depending on how the Pit-Boss uses this internal control method, it could help or harm the Fund that is generated for Public Schools. Shuffling the cards in the middle is a deck is used to stop the current momentum. If the player(s) at the table are hot then this can break a streak that is cutting into the Casino’s profits. In this case it’s a win for the Public School Fund. 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...
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...law and politics, is considered a special characteristic of international economic law and of international environmental law. According to Davis and Nachura, an administrative body is any governmental organ or authority, other than a court or legislative body, which affects the rights of private parties, through rule-making and adjudication. An administrative body is described as a department, bureau, office, commission, authority or officer of the National Government authorized by law or executive order to make rules, issue licenses, grant rights or privileges, and adjudicate cases; research institutions with respect to licensing functions; government corporations with respect to functions regulating private right, privilege, occupation or business; and officials in the exercise of disciplinary powers as provided by law. An example is the establishment of the Commission of Human Rights and Administrative Justice (CHRAJ) by article 216 of the 1992 Constitution of Ghana. Due to the fact that administrative bodies or agencies possess discretionary powers, they will inevitably make use of administrative guidelines or administrative rules that supplement rules in laws and statutes. These administrative rules are the soft law every organization applies in decision-making . These soft laws are employed by administrative...
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...Week 2 Homework-Administrative Regulations K’Asha Nesbitt November 9, 2013 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 Department of Health and Human Services as well as the Food and Drug Administration controls the regulation. This particular regulation interests me because I am a Systemic Lupus Erythematous (SLE) patient and I have been suffering from this illness for over 10 years. There is a chance that somewhere in the near future I could develop Lupus Nephritis (LN) (renal disease stemming from SLE). Yes, this regulation could affect me in a positive manner. If the FDA approves treatment and new drugs to help suppress SLE, this could mean less people will develop LN. 2. Describe the proposal/change. The proposal is to create guidance for unmet medical needs for more effective and less toxic treatments. This proposal will help to develop human drugs, therapeutic biological products and medical devices for the treatment of Lupus Nephritis caused by Systemic Lupus Erythematous (SLE). 3. Write the public comment that you would have written. Explain briefly what you wish to accomplish with your comment. My comment is that more people are developing this debilitating disease and there aren’t many drugs and treatments that help to suppress the inflammation. I was diagnosed...
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...1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you. AGENCY: Animal and Plant Health Inspection Service, USDA. This regulation interests me because I am concerned about the proliferation of ‘Puppy Mills’ in Florida. These ‘Puppy Mills’ are operated by individuals that are more interested in profits then the needs of the animals they breed or the public. Irresponsible breeders cause an unnecessary increase in the pet population which increases the number of unwanted animals that fill animal shelters and are later euthanized. These breeders also introduce genes into breeds that can increase illness and disease in the animals. 2. Describe the proposal/change The APHIS proposes a change is to the definition of retail pet store from a physical location that is used for the purpose of observing the animal before purchase to any seller which; this would require individuals selling animals over the internet comply to the same set of standards that physical retailers must adhere to under the Animal Welfare Act. APHIS would also like to increase the number of breeding female that a person may have on site and not need a license or inspections; this will allow the agency to focus on the facilities that are most likely in violation with the regulations covered by the Animal Welfare Act. 3. Write the public comment that you would submit to this proposal. I support the rule change in part as it will...
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...1. The administrative agency that controls the regulation is the Federal government (Department of Education). I strongly believe that education has a huge positive impact on the society. It is a must if a nation desires to attain growth and development and more importantly, maintain it. The Department of Education recognizes and keeps the importance of economic education which is why the agency and their proposed regulation interest me. The agency helps promote student achievement by all means and helps provide equal access to education for all. The proposed regulation would affect me both positively and negatively because it is a regulation that might help reduce my student debt loan at the end of my school days but at the same time, it would cut funding to thousands of job training program I might need to increase my employability and future earnings down the line. 2. The proposed regulation is meant to define the “gainful employment” requirement for federal student aid. The Department of Education is concerned that students enrolling in some school programs especially in for profit schools (e.g. Devry University), usually find themselves unemployable in those anticipated career fields and burdened with large student loan debts at the end, with no job to pay for it. With that in mind, the department of education proposed the regulation to make sure that students who are enrolled in any gainful employment programs must be guaranteed that those programs provide value,...
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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? Federal Railroad administration controls the regulation. It interests me because this regulation would increase the safety of individuals. I feel really comfortable and safer since I utilize the rail transportation everyday. There were certain railroad incidents in the past, which cause the public to lose trust and doubt the capability of the railroad employees. Hopefully, the well-designed training program would have the potential to reduce risk in the railroad environment therefore; will reduce the frequency and severity of accidents. 2. Describe the proposal/change. Proposal emphasis on the training of the railroad employees perhaps which might reduce the frequency and severity of certain accidents. FRA is requiring that each employer of one or more safety-related railroad employees (whether the employer is a railroad, contractor, or subcontractor) train and qualify each such employee on the Federal railroad safety laws, regulations, and orders that the employee is required to comply with, as well as any relevant railroad rules and procedures promulgated to implement those Federal railroad safety laws, regulations, and orders. The final rule also requires that the training program developed by each employer be submitted to FRA for approval...
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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) After the events of 9/11, I developed a strong interest in security and protection from terrorism. Once President Bush announced the establishment of the Department of Homeland Security, I became even more intrigued, with thousands of questions flooding my mind. Will this department guarantee 100% protection? How will the lines of communication between government officials/law enforcement personnel strengthen or weaken? What type of strategies will the department be capable of implementing? More important, will there be a sacrifice of rights/freedoms with this new development? This last question is what peaked my interest in my choice of regulation: U.S. Customs and Border Protection’s proposal of a new intelligence system of records (Analytical Framework for Intelligence or AFI) and it’s notice of exemption from the 1974 Privacy Act. From...
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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) Federal Department of Energy – I have always been interested in the stock market and companies that are in secret trade deals. Also, understanding how trade secrets and “privileged” information is supposed to be kept from the public. 2. Describe the proposal/change. (10 points) The proposal proposes to standardize across its various programs procedures for the submission and protection of trade secrets and commercial or financial information that is privileged or confidential. These changes require at the time of submission, to identify and assert a claim of exemption regarding information it considers to be trade secrets or commercial or financial information that is privileged or confidential such that the information would be exempt from disclosure under the Freedom of Information Act. Also, on each page containing such data, there must...
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...Week – 2 Homework GM 520 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) Ans . Food and Drug Administration (FDA) is the agency which control the regulation. FDA is an agency of Department of Health and Human Services. FDA is responsible for the regulation and inspection of food industry and drug industry including prescription drugs, OTC drugs, cosmetics, veterinary drugs, vaccines etc. By which they are responsible to protect and promote health society. It will not affect me or the place where I am working but my background in Pharmaceutical production and management brings interest in this regulation. Because when pharmaceuticals are committed to provide quality services to the community at the same time they have to follow the rules and regulations which cost the business a good amount of money to introduce a new regulation. Here in this case the gluten free drug manufacturing...
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...American Legal System 01/10/2016 Administrative law Administrative agencies and executive departments Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. This kind of law is considered as a branch of public law and they are faced with the decision-making of administartive units of government, such as tribunals, commissions, or boards, that are considered as a part of national regulatory scheme, in areas that include police law, international trade, manufacturing, the enviroment, taxation, broadcasting, immigration, and transport.The expansion of administrative law happend during the 20th century, when many government agencies were created in order to regulate economic, political, and social areas of human interaction. Administrative agencies are created by the federal Constitution, the U.S. Congress, state legislatures, and local lawmaking bodies to managecrises, redress serious social problems, or oversee complex matters of governmental concern beyond the expertise of legislators. Administrative agencies are specialized governmental entities that are in charge of detail managing and gaps filling. Powers and functions given to these agencies are interchangeable, which means that their powers can be executive, legislative, or judicial. The responsability of the administrative agencies is defined through interpreting...
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...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 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) U.S. Department of Education- This regulation really interests me because this regulation will make it harder for students to receive educations and the percent of college graduate will be lower. I am a fan of college graduates actually graduating and obtaining their degree. With that being said, this topic has my interest 100%. 2. Describe the proposal/change...
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...Administrative agency: Regulations Monika Felton Keller Graduate School of Management Legal, Political, and Ethical Dimensions of Business MGMT 520 Professor Melchiori November 5, 2012 Administrative Agency: Regulations The Administrative Agency The Federal administrative agency for which the chosen regulation controls is the United States Department of Agriculture, (USDA). The agency under the USDA for which the departmental proposed regulation falls is the Food and Nutrition Service, (FNS); the FNS works to reduce hunger among low-income populations providing greater access to higher nutritional standards with the aid of the U.S. agriculture (www.USDA.gov). The proposal addresses the administrative aspect of local educational agencies, (LEA), on the school lunch program and how best to ensure accurate documentation and assessment of family eligibility. The proposal affects section 304 of the Healthy, Hunger-Free Kids Act (Pub. L. 111-296) (www.USDA.gov). Why the Agency and Regulation is of Interest The proposed regulation is of interest due to the fact that it will directly affect the lives of thousands of low income children for which my job concerns. As a child case manager, approval of “free” lunches for low income households is often that bridge provides a large portion of daily and weekly meals for many clients. The regulation states that incomplete applications will not be approved; let it be noted that many parents lack the necessary data required...
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...Administrative Agency Week 2 Assignment MGMT 520 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? The regulation I have decided to follow is governed by the U.S. Fish and Wildlife Service. As an avid animal lover, I am very interested in the regulations proposed by the U.S. Fish and Wildlife Services. This particular proposal surrounding chimpanzees is close to my heart since there are a great number of laboratories performing testing on chimpanzees every day. Chimps often die as a result of the testing being performed. Chimpanzees are becoming more endangered both in the wild and in captivity. While this proposed regulation has no direct effect on my current business, there would be indirect effects relating to the laboratory experiments or lack thereof. If laboratories were unable to use chimpanzees to test medications and make up for example, there could be a decrease in the production of these products. A decrease of production in these products could result in higher costs for the consumer. 2. Describe the proposal/change. (10 points) The U.S. Fish and Wildlife propose that all chimpanzees, both wild and in captivity, be placed on the endangered species list. After a 5 year review of the species, it has been determined that there should be no distinction between wild and...
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...Javontae Peet Administrative Regulations assign. Legal, Political and Ethical Dimensions Professor Cary Sliverstein July 18, 2011 Administrative Regulations Assignment (1)The administrative agency in which I choose to use is the Small Business Administration (SBA). The reason why this agency and the proposed regulation are interests of mine is due to me working towards owing my own business in the future. The way this regulation that has been proposed may affect me, is by my company attempting to lend funds for expanding the business in the future. (2)The proposed rule made by the Small Business Administration is on Business Loan Programs and Lender Examination and Review Fees. This proposed rule is geared towards a recent amendment to the Small Business Act authorizing the Small Business Administration to assess fees to lenders participating in SBA's 7(a) loan guarantee program to cover the costs of examinations, reviews, and other Lender Oversight activities. (3)In my public comment I would propose that the loan guarantee program should cover the costs of examinations, reviews, and other Lender Oversight activities. (4)The Comments for the Business Loan Programs and Lender Examination and Review Fees regulation deadline was scheduled for November the 9, 2006. (5)(a)I could not submit my comments due the comment window being close. (b)Although I am in favor...
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