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Gm 520 Week 2

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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? The administrative agency which controls the regulation is Federal Emergency Management Agency (FEMA). FEMA interest me because of the process of illumination when a representative of the said agency is sent out to process information given by phone is assessed. The regulations that is used by the process of FEMA will affect one's business in case of "Mother Nature" incidents they may occur.

2. Describe the proposal/change. In any organization there are "changes" that is needed to improve any incident that will occur that one is not prepared for. Although FEMA tries to assess damages done in a timely manner, it is impossible to cover so many hurting families at one time, therefore I would perform a change in the process by allowing "hurting" families to gather together in a designated location to interview each other and find out how severe all cases are one by one especially if one stays in the same vacinty.

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.

PROPOSAL
President Bush declared 15 counties areas a major disaster following the August 19-21 severe storms and flash flooding, and the October
14-18 windstorms and flooding in the western and south-central parts of the state. With such a declaration, the federal government pays 75 percent of costs to help fix public infrastructure and requires a 25 percent match.
Bobby Jindal, Govenor of Louisiana unsuccessfully requested individual assistance for five counties. An appeal of the original decision was also rejected.
Included in the administration’s proposal is $82 million for transportation purposes, including $38 million for state trunk highway, bridge and road repair. Chief Financial Officer Tracy Hatch said the goal is for MnDOT to complete most of the projects before the weather changes later in the year, although at least three projects will not meet that deadline.
Other parts of the proposal include: • $22.03 million for the Department of Natural Resources, including $10.03 million for facility and natural resource damage; • $20 million for employment and economic development; and • $12.72 million for housing finance, largely for forgivable loans for damaged housing structures.
Jindal and legislative leaders are expected to meet in the near future to work on logistics of a flood relief special session.
Rep. Gene Pelowski[->0], Jr. (DFL-Winona) wondered if the flood relief proposal would go through the committee process during the special session to allow public testimony and let members understand what they will be voting for or against on the House floor. He said a 2007 bill that he carried traveled through various committees.

In this proposal we are needing help in a "hurry". Why? Families are displaced and need to come home to savage any belongings that are left behind. Monies are needed to start the "rebuild" process that will probably take over two yeras to complete.

Provide the "deadline" by which the public comment must be made. (If the date has already passed, please provide when the deadline was).
This expires October 21, 2005. 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)? In the Promulgation Process official status and provides both authority and responsibility for organizations to perform their tasks. The Govenor of Lousisiana and the committe will sign and enforce the declaration in order for assitance to come quickly, and along with that document a signature page will be submitted from families of the diaster areas for the Emergency Operation Plan (EOP) and Standard Operarting Procedures (SOP).

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. It is arbitrary, capricious; an abuse of discretion, or in the violation of some other law.
2. The regulation is unsupported by substantial evidence.
3. The rule that a regulation can be set aside if an agency did not comply with EOP or SOP requirements of the notice, publication or public comment of the input.
4. The regulation is unconstitutional.
5. Ultra Vires goes beyond the authority given to the agency in its enabling act.

If I wanted to have the regulation overturned I would declare that FEMA move quicker than what they are accustom to. In these type of horrific situations there are times when one will do any taype of act in order to survive in today's society.

[->0] - http://www.house.leg.state.mn.us/members/membersR.asp?id=Rep_Gene_Pelowski

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