...same submission. (5 points) 1b. Identify the administrative agency (full name, not just the acronym) which controls the regulation. Briefly explain why this agency and your proposed regulation interests you. If this proposed regulation will affect you or the business in which you are working, please explain how. It is not required that the proposed regulation affect you professionally or personally. You can use any regulation for this assignment so long as you are able to answer the questions posed here (Questions 1-5). (10 points) Answer: Centers for Disease Control and Prevention (CDC) - This specific agency, and proposed regulation, is of particular interest to me because of my past and future courses of study. My MPH degree was in public health with a concentration in disaster/emergency management so I want to ultimately aide in the education of my community to prevent communicable diseases. In the meantime, while working with medical students and clinical training sites, I am partially responsible for the health clearance of all of the students to ensure that they are able to do their clinical without risk of unnecessary exposure to harmful contagions. 2. Describe the proposal/change in your own words. (10 points) Answer: Influenza has several strains that are highly contagious. While the virus is able to unfortunately mutate, monitoring and keeping a strict lid on the strains that are identified as threats to public safety is important. Therefore, including two...
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...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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...It is the expectation of the public that, agencies and Ministers of the Crown act fairly, consistently and transparently in making administrative decision. It is in line with these objectives that the public can obtain access to documents under Freedom of Information from various agencies. Smith has the option to apply for internal review but since his access decision was made by the Attorney General personally he has no recourse to internal review. Other than that he would have 30 days to apply for an internal review and must notify the applicant within 30 days of receiving the application and it always better and quicker to apply for internal review before resorting to external review. Anecdotal evidence suggests that internal review can be quick, cheap and most likely can lead to a reversal of a decision. You can appeal to your federal member of parliament in your constituency who may have contact with the Attorney General for assistance in this matter. Your MP would have a considerable influence if he and the Attorney General are in the same party and can possibly lobby on your behalf. This avenue should be last after judicial and merit reviews are finalised. Another subtle way is to appear or ring on a talk-on back radio to publicise your case to get into the ears and attention of the relevant authorities. Mr Smith can apply to the Information Commissioner for a reviewable decision under section 54L of the FOI Act. He has 60 days after decision...
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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? 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) The administrative agency that controls the specific regulation that I select is, “Office of the Secretary, Department of Defense (DoD).” Regulation: Child Development Programs (CDPs) ACTION: Interim final rule. This agency and the proposed regulation interest me because of my time spent in the military. While serving my country for I had seen many different changes take place due to new regulations imposed to the military by the DOD. In this case, the regulation is one that would have affected me if I was still in. CDP’s are of critical importance to the men and women that serve our country. Knowing that are government is attempting to increase the current level of assistance is gives CDP’s would be a big win for the government and the children and parents that will be impacted. 2. Describe the proposal/change. (10 points) The proposed...
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...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 that controls this regulation is the Alcohol Tobacco Firearms and Explosives Bureau (The ATF), whose parent agency is the Department of Justice. This agency and its proposed regulation interests me because I am a supporter of the second amendment and I am opposed of any regulations that seek to limit the second amendment. I do not own any firearms, nor do I expect to receive any firearms in the immediate future, but my fiance’s father owns many firearms and, in the future, when he passes away, those guns are likely to be transferred to her and this legislation will affect that transfer by requiring the receiver of those firearms to verify that they are a “responsible person” This regulation will not affect the business in which I am working. That business is Verizon Wireless, which does not deal in any firearms (at least to my knowledge). I am interested in this subject from a purely academic point of view. Describe the proposal/change. This regulation would require a person legally receiving a firearm (ostensibly someone receiving it as a gift or as part of an inheritance) to prove that they are a “responsible person”, furthermore this “responsible person” would have to complete a form and submit photographs and...
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...Lord Bridge identified that “the so -called rules of natural justice are not set in stone...”[1] This highlights the uncertainty surrounding this area of law and understandably how the principles attached to it 'are in some confusion[2] due to the substantial changes over time. The initial separation between judicial and administrative cases proved problematic as it came with the notion of not providing executive-related cases a rigorous decision-making procedure unless they were solely of a judicial nature.[3] The enablement of all case types to be granted a court-like procedure wouldn't be very efficient, bearing in mind the amount of time and money that it’ll cost. The concept of filtering judicial from executive cases may have been beneficial but it raised issues that needed addressing, such as how justice would be served for those whose cases fall under the administrative sector. Professor D J Galligan stated that, “whenever the state, through its officials, decides how people are to be treated, considerations of fair treatment arise…”[4] It’s the tension between administrative autonomy and legal certainty which has now shaped the concept of natural justice[5], by incorporating procedural fairness into governmental law as a means of balancing these competing issues. The Latin maxims 'Audi Alterem Partem' [6] and 'Nemo Iudex sua Causa’ [7] form the two distinct parts of natural justice. The main issue in Popeye's case is the revocation of his license by the Harbour Authority...
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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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...Week 2 Homework – Administrative Law Assignment 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) Department of Health and Human Services – Food and Drug Administration As an independent pharmaceutical representative currently contracted with a company who manufactures, markets and samples prescription drugs for colds, coughs and allergies this will have a significant impact on my prescription product line. 2. Describe the proposal/change. (10 points) The proposal will no longer allow the marketing, production, distribution and or sell of unapproved FDA prescription drugs for colds, coughs and allergies. 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) My comment is that although these drugs...
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...entities, and the public which are intermediated not by markets but by public and private institutions) outside of, but in conjunction with, markets and contracts. Public institutions differ from markets because of characteristics such as majority rule, due process, broad enfranchisement, collective action, and publicness. Activities in the non market environment are Voluntary when, firm cooperates with govt. officials or an environment group and are Involuntary in the case of, govt. regulation or a boycott of a firm’s product led by an activist group. Nonmarket issues high on firms agenda include : 1. Environmental Protection 2. Health & Safety 3. Regulation & Deregulation, 4. Intellectual Property Protection 5. Human Rights 6. International Trade Policy 7. Regulation & Anti-trust 8. Activist Pressures 9. Media Coverage of Business 10. Corporate Social Responsibility & 11. Ethics Management & Managers is both responsible for formulating and implementing nonmarket as well as market strategies. Market Environment determines significance of nonmarket issues to the firm. Nonmarket Environment shapes opportunities in the marketplace. Market Environment Nonmarket Environment a) Competitive a. Competitive b) Performance is determined by competition among firms as directed by their market or competitive strategies. b. Legislation, regulation, administrative...
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...policy decisions, another rule was that a reviewing court may not substitute it’s opinion for that of the administrative body, unless the official has acted mala fide or in bad faith. This is supported by case of Shidiack v Union Government , where it was held that, if the administrative organ has duly and honestly applied himself to the question which has been left to his discretion, it is impossible for the court of law either to make him change his mind or to substitute it’s conclusion for his own. It is true that for any government to function effectively, it must be bestowed with discretionary powers, discretionary powers involves the exercise of a choice between two or more options on the part of the decision maker. The exercise of these discretionary powers must be checked and controlled by other branches of government, but this was not the case in South Africa. In the past the only manner in which those powers could be controlled was common law basis, but as a result of a narrowly defined grounds of judicial review of government action and decisions, the system of Parliamentary supremacy allows the government to easily exclude the courts power of review via the so-called ouster clauses. The promulgation of the interim and the final constitution has brought about dramatic changes in the field of administrative law, specifically with regard to administrative actions. The changes brought by the interim constitution , with...
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...GM520 - Week 2 Homework 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) Nebraska Department of Revenue – I own an operating farm in the state of Nebraska and this new bill hold potential tax saving. This will affect me by potentially reducing or refunding the sales and use tax liability on farm equipment. 2. Describe the proposal/change. (10 points) This bill will eliminate the application and imposition of sales and use tax on the “sale, lease, or rental of and the storage, use, or other consumption” of repair or replacement parts for agricultural machinery and equipment used in commercial farms. 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) My comment is that the elimination of sales and use...
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...Chances to adopt ADR in administrative disputes (Explaining on tax dispute instance) Chuluuntsetseg Ochirjantsan* (Member of Mongolian Bar Association, Senior teacher at Law school of NUM) I. II. III. IV. V. VI. Introduction The origin and development of ADR in Mongolia Concept and stages of administrative proceeding Necessity to adopt mediation procedure on Mongolian tax case and dispute Conclusion References Abstract Tax law covers a significant presence in administrative law sectors. Tax dispute and cases are part of the administrative law disputes and resolving tax dispute and cases through ADR is much peaceful mechanism. Despite the mediation procedure on tax cases and dispute is occupying great position in the national legal systems of countries, international level dispute resolution based on the principles of mutual trust is a flexible and effective method. Countries tend to implement mediation procedure on tax cases in accordance with their legal culture, consciousness level and characteristics of the population regardless of their legal family. Reconciliation and mediation on tax cases and dispute is system which settling cases by parties making dialogue to find mutual consent that can fit to the actual situation without getting restricted by a tight law regulation. Therefore the necessity to resolving tax cases through reconciliation and mediation is seen as a pressing problem in many countries. Key words: Reconciliation And...
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...| Banning Electronic Cigarettes on Aircrafts | | | | | | 1. This proposed regulation interests me since I have started flying more often and I wouldn’t want to sit next to someone smoking an electronic cigarette on an airplane. The seating on airplanes are so close together that you wouldn’t want to be able to smell the vapor from someone smoking an electronic cigarette even though it is barely noticeable. This proposed regulation is banning electronic cigarettes from commercial and international aircraft flights. I guess it would affect me and the company I work for since there are hundreds of people in our company that have to fly for business. The discomfort of having to smell an unusual odor even if it was a flavor odor from someone sitting so close to during a 2 -6 hour flight would not be enjoyable. 2. The proposal is intended to change any existing smoking regulations for airlines to ban the use of electronic cigarettes on any passenger flights both domestic and international. The DOT is implementing this change due to the marketing and promotional advertising to increase the popularity of the electronic cigarettes and they are concerned about any safety, health and discomfort concerns that may be imposed on the other passengers on the aircraft. 3. November 13, 2011 Subject: Docket # DOT-OST-2011-0044 – Office of the Secretary (OST) and Department of Transportation (DOT) - Proposed Rule: Ban Smoking of Electronic Cigarettes on Aircrafts ...
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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? 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 comment. The proposed amendment that allows the Pit-Boss to direct the dealer to...
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...GPR 213: ADMINISTRATIVE LAW GROUP ASSIGNMENT GROUP TWO MODULE 1 NAME | ADMISSION NO. | SIGNATURE | OCHOLA BRIAN ODUODI | G34/3233/2014 | | NASIBI TIMOTHY MURWA | G34/3404/2014 | | KIPINGOR EMMY CHEBET | G34/3308/2014 | | ABDI FARDOSA MUSTAFA | G34/3287/2014 | | WALEKHWA B. STEPHEN | G34/3319/2014 | | CHARLOTTE MUTAI | G34/3331/2014 | | SIKUKU CORNELIUS WANGILA | G34/3392/2014 | | CHABI BRIAN OTIENO | G34/3399/2014 | | WANJALA GILBERT MASINDE | G34/1417/2010 | | MURIMI MARTIN MUCHIRI | G34/3255/2014 | | Question 2:“The courts should draw the limits to discretionary power in a way which strikes the most suitable balance between executive efficiency and legal protection of the citizen” Discuss above statement With the exponential expansion of powers of the executive arm of government and equally massive interests in civil liberties, it is therefore inevitable that we re-examine the relationship between these discretionary powers and what is essentially the rule of law. This essay seeks to analyse the role played by the courts in the limitation of this powers while ensuring that the Executive runs efficiently while ensuring that that the rights of civilians are protected. Discretionary...
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