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Reading: Chapter 5: Business and the Constitution Chapter 6: Administrative Law Chapter 7: International Law (pp. 221-238) Assignment: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 which 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 (.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)2. Describe the proposal/change. (10 points)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)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)Copy and paste the above 5 items into a Microsoft Word document and answer each question fully. Your homework will be about 1 to 2 pages long, single-spaced (50 points). (For a copy of a sample homework showing the beginning questions answered, please click here. This will give you some direction on how to complete this assignment - of course, you can't use the regulation listed in this sample.)Submit your assignment to the Dropbox located on the silver tab at the top of this page. For instructions on how to use the Dropbox, read these Step-by-Step Instructions or watch this Dropbox Tutorial. It is the student's responsibility to check to see that the file is actually in the Dropbox.See Syllabus/Due Dates for Assignments & Exams for due date information.Discussion: * Chapter 5 Problems 7 & 8 (graded) * Too Many Circus Regs - Chapter 6, Pr. 5 (graded) * Group Project Thread Sign-up (not graded but required) * Q&A Forum for your questions and comments (not graded) |

[Federal Register: July 26, 2010 (Volume 75, Number 142)] [Proposed Rules] [Page 43615-43708] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr26jy10-20]

[[Page 43615]] Part II Department of Education 34 CFR Part 668 Program Integrity: Gainful Employment; Proposed Rule [[Page 43616]] DEPARTMENT OF EDUCATION 34 CFR Part 668 RIN 1840-AD04 [Docket ID ED-2010-OPE-0012] Program Integrity: Gainful Employment AGENCY: Office of Postsecondary Education, Department of Education. ACTION: Notice of proposed rulemaking

SUMMARY: The Secretary proposes to amend the Student Assistance General Provisions to establish measures for determining whether certain postsecondary educational programs lead to gainful employment in recognized occupations, and the conditions under which these educational programs remain eligible for the student financial assistance programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA).

1. The Department of Education on the Federal level controls this regulation. The regulation will not directly affect me but may affect new students looking for financial assistance for education to get a job.

2. The proposal determines whether or not financial assistance programs for higher education is leading to gainful employment. 3. I got my BA in 1995 in Political Science. I never found a job in any field related to the subjects I studied once leaving college. I did land a few corporate jobs which were all in accounting, not geared towards my major. Not until now being a graduate student do I see the potential of a higher education. A regulation like these years ago would have stopped financial aide unless it was for a specific career. I would want the lawmakers to look at my opinion as an example of a person who went to school to earn a degree thinking that a job would be sitting waiting for me upon completion. Despite having jobs that did not satisfy me I decided to be a Realtor and was able to use some of the skills I learned in economics to be very successful in that field. Having an interest in politics helped me use that to my advantage. Schools are more concerned with dollar amounts and enrollment numbers than educating students on what courses to take based on their skills or interest. Tons of students enroll in school and are not geared towards any type of gainful employment. 4. The deadline for comments was on September 9, 2010. 5. A. To have my promulgating regulations I will have to follow the steps of the Administrative Procedures Act. 1. Any regulation passed shall have the agency research the problem to show that the regulation is necessary and will accomplish a purpose. Next the proposed legislation will have to publish its proposed rules or changes in the Federal Register. The register will have a public comment period not top be less than 30 days, which most agencies will ask for that period to be much longer. 2. After the comment period is over the agency will have three choices. One to adopt the rule; second modify the proposed rule, and third to withdraw the rule. The five theories at that point will be to Challenge the agency rule for arbitrary and capricious. The second theory would be to do the substantial evidence test. Another theory would be to challenge the regulation in court is ultra vires. Other proactive business strategies where the administrative regulations can be eliminated through the legislation. The public comment section could be used to challenge any of the regulations. Another way is to say the that the regulation is unconstitutional to any of the amendments. The Sunset laws are an enabling act. The zero-based budgeting makes sure that the budget starts with a zero balance giving Congress the right to say how each budget is operating. I agree with the regulation so I would not want it overturned in court. 3. I would use the substantial evidence test because it requires that more convincing evidence exist in support of the regulation that against it. Since I am supporting the regulation I would not want to use the arbitrary and capricious challenges. I do not see the regulation being harmful in anyway or abusive in discretion or in violation of any other amendment but to better the benefits of obtaining employment through education.