1. State the administrative agency which controls the regulation.
Florida Department of State, Division of Library and Information Services

Explain why this agency and your proposed regulation interests you (briefly).
The Veteran’s Act of 1944 is very important to me. I am interested in this rule because I believe that this is a way for America to show appreciation and recognize the sacrifice of the Veteran. Since I am a Veteran, I would like to know in depth what Veteran’s Preference really means. This policy is the recognition that our society owes a debt to those who face the horrors of combat in defense of American freedom and values. The government tries to make the veterans' return from military service to civilian life an easier transition. It does so by offering veterans preferential treatment in federal employment. Congress adopted the first of such preferences in the Civil War era, and they have continued to evolve over the years.

Will this proposed regulation affect you or the business in which you are working?
This regulation affects me in many ways. This rule prevents Veterans who are seeking employment from being penalized for any time that is needed to perform military duties. If I were to get deployed and return, this rule prohibits employers from firing the Veteran due to their military service.

2. Describe the proposal/change.
Veteran’s Preference in Appointment and Retention in Employment
The change to the preferences covered hiring, reemployment, retention during a reduction-in-force, and the right to appeal decisions based on rules of employee discipline. Veterans after World War II could qualify for federal jobs without meeting age, height, and weight requirements. Education requirements were eliminated from all federal positions except for certain scientific, technical, and professional positions as considered necessary by the Civil Service Commission. Veterans also received, in certain cases, credit for military service in meeting the experience requirements of a position.

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)
The objective of the Veteran's Preference is not to the place a veteran in every vacant Federal job. However, preference does provide a uniform method by which special consideration is given to qualified veterans seeking Federal employment. Please be informed that qualified veterans are guaranteed an interview and to be considered for a position for which they apply and meet the qualifications for the position but are not guaranteed to be hired for the job.

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)
The past date was 6/11/2008 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.) Once a public comment is submitted, it becomes part of the official record of a regulatory action and cannot be changed. Here is an opportunity for representatives of government, industry, business, corporations as well as private citizens to express their support/ concern about the proposed rule or change. Public comments must be submitted during the stated period in order to legally challenge the validity of the federal regulation at a later date. This process gives the public a significant opportunity to take part in the rulemaking. The process of opening refuges is done in stages; the public will be given other opportunities to make comments. Once the deadline date has expired, the document will be published in the Federal Register for additional comments. Those who made comments on the rule during the proposal stage will challenge the validity of the rule in court.

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.

1. The first ground on which to challenge a rule Arbitrary, capricious, an abuse of discretion, or in violation of some law. 2. The regulation is unsupported by substantial evidence. The substantial evidence test is applied in the review of formal and hybrid rulemaking. Where the arbitrary and capricious standard requires bases for the regulation, evidence requires that more convincing evidence exist in support of the regulation than being against it. 3. A regulation can be set aside if the agency did not apply with the APA requirements of notice, publication, and public comment or input. The procedures of rulemaking must be followed in order for the regulatory process and resulting rules to be valid. Any agency that seeks public comment for the purpose of drafting legislation cannot then turn the legislation into rules after the comment period. 4. Another basis is the regulation is unconstitutional. Many challenges based on unconstitutional grounds deals with regulations that give an agency authority to search records or that impose discriminatory requirements for licensed professionals. 5. One theory for challenging a regulation is ultra vires; beyond its powers. An ultra vires regulation is one of that goes beyond the authority given to the agency in its enabling act. Although most agencies stay within their authority, if an agency attempts to change the substance and purpose of the enabling through regulation, ultra vires.

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 wanted to have the regulation over turned, I believe that it would b due to it being unconstitutional. The regulation would need to address all classes of Veteran and not a targeted group of Veterans. It would also have to include the spouses and dependents of deceased Veterans due to the line of fire. Disabled veterans should be included and treated as such. I would also like to see the Veterans Preference implemented in the pubic industry. It would only be fair to for the public industry to show the same respect.