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Business Law - Project 1

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Project 1 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. (10 points)
U.S. Office of Personnel Management (OPM) controls the regulation of the Federal Employee Dental and Vision Insurance Program which intrigues me because of the involvement of teeth and vision. As I plan on doing things relating to both teeth and my vision shortly, this is interesting. The changes will affect me as the person applying, as the changes involve enrollment changes. However, it doesn’t affect me personally, because I’m not one who is involved in federal business, so I’m irrelevant. But I do know my Uncle who works for the city!

2. Describe the proposal/change. (10 points)
Basically the change states that they wish to expand enrolling opportunities for people in the federal department of work. Which in my opinion is a good thing, some people need cleaner teeth. Yellow isn’t pretty, I know mine aren’t perfect, but come on. They’re representing us people! Also it allows them to switch coverage, if they want to or qualified to, which is a step in a good direction.

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)
“I believe the changes to allow more people to have more control of their coverage, and have more room to do so. Therefore, the changes are nice, and under no circumstances wrong to have placed as law. People should have been given the opportunity long ago, but we have finally advanced to realize that dental and vision procedures should be more accessible. Thank goodness!”

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)
Deadline: February 21, 2014

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.)
A. Participate, if I so require, in the rule making process. Adopting the rule, Modifying the rule but then go through review, if it’s minor change it and not have to go through review again. Or withdraw the rule all together wasting everyone’s time.

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.
1. If the rule was Arbitrary, capricious, an abuse of discretion, or in violation of another law.
2. If the rule was unsupported by substantial evidence.
3. If the agency didn’t apply with the APA requirements of notice, publication, and public comment or input.
4. If the rule is unconstitutional.
5. If the rule goes beyond their powers. 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? (15 points)
I would say 2, because there isn’t evidence shown, so it’d be the easiest one to just say “Hey I disagree with teeth and visionary treatment, so I’ll just make your life hard and overturn this awesome rule.”

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