Andrea Bing
Week 2 Homework – GM520

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?
Department of Education – This proposed regulation interests me in particular because I personally know how hard it can be to pay back student loans after graduation. Students were once able to receive 2 Pell grants in the same year and now the Department of Education has changed to it to students can at maximum receive 1 Pell grant per award year. This results in students having to make up for that grant with more loans which ultimately means more debt.
The changes were effective in the 2010-2011 award year and I was affected during my Bachelor Degree studies.

2. Describe the proposal/change.
The proposal limits students from receiving 2 Pell Grants within the same award year. “The Secretary amends four sections of the Federal Pell Grant Program regulations to make them consistent” with these changes.

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.
While it is necessary to have the documentation represent the correct facts of the Federal Pell Grant Program, in an economy where students and recent graduates are struggling to find the employment necessary to pay back student loans, the second Pell Grant in the same year is needed by the majority of students and taking away the second Pell Grant only hurts the student.
I believe that the new prohibitions in regards to the limitations of the Pell Grant should be revised to accommodate current students until the economy and job market has recovered.

4. Provide the "deadline" by which the public comment must be made. (If the date has already passed, please provide when the deadline was).
Any public comments must be made on or before June 18, 2012.
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.)
It appears that even though the public has an option to comment on the amended changes, the decision to make these changes are final. Comments are welcome so that they know how the public feels and can decide later to change it if they feel it is unfavorable but the decision to change is completely up to them. The public has an option to “inspect all public comments about these interim final regulations by accessing www.regulations.gov. You may also inspect the comments in person in
Room 8083, 1990 K Street NW., Washington, DC, between 8:30 a.m. and 4
p.m. Washington, DC time, Monday through Friday of each week, except
Federal holidays.”
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. * “The first ground on which to challenge an agency rule is that it is arbitrary, capricious, an abuse of discretion, or in violation of some other law.” (Jennings 194)

There must be evidence available anytime there is a proposed rule or else it can be challenged for being arbitrary and capricious. * “A second theory for challenging an agency’s regulation is that the regulation is unsupported by substantial evidence.” (Jennings 198)

This theory goes a step above the previous theory and requires that the evidence provided makes sense and is convincing. * “A third ground on which to challenge an agency’s regulation involves the rule that a regulation can be set aside if the agency did not comply with the APA requirements of notice, publication, and public comment or input.” (Jennings 198)

The following steps must be followed in order: -Enabling act by congress -Agency Study and Research of Need for Regulation -Proposed Regulations Published in Federal Register -Public Comment Period -Hearing Held Regionally -Modification of Proposed Regulation -Public Comment Period on Modification And if everything stands -Rule is Promulgated * “Another basis for challenging a regulation is that the regulation is unconstitutional.” (Jennings 198)

The proposed rule must follow the guidelines of the constitution such as freedom of speech. * “Another theory for challenging a regulation in court is ultra vires, a Latin term meaning “beyond its powers.” (Jennings 198)

The rule must be within the boundaries of the administrative agency.
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?
If I were to challenge this particular regulation, I would probably go with the legal theory, “A third ground on which to challenge an agency’s regulation involves the rule that a regulation can be set aside if the agency did not comply with the APA requirements of notice, publication, and public comment or input.”
In the documentations announcing the revised amendments, it states

“Although the Secretary has decided to issue these interim final regulations without first publishing proposed regulations for public comment, we are interested in whether you think we should make any changes in these regulations.” I would have to investigate further to verify that they followed the proper steps in the process.