Question: This week we will examine the issue of administrative rules promulgated by governmental agencies.Both at the federal and state levels, agencies such as the EPA,
This week we will examine the issue of administrative rules promulgated by governmental agencies.Both at the federal and state levels, agencies such as the EPA, SEC and the FCC promulates agency rules as a means of setting standards for businesses to follow.
Some say we have way to much governmental regulations interfering with businesses operating in the United States.Others say such regulations is a must to protect consumers.
Your Case Analysis study is to select a DRAFT Federal regulation found in theFederal Registerand answer the following questions:
1. Name the Agency proposing the draft regulation and describe the proposal or change.
2. Write the public comment that you would submit for 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.
3. Provide the "deadline" by which the public comment must be made. (If the date has already passed, please provide when the deadline was).
4. Answer the following questions about your chosen proposal, regardless of whether you are in favor of this proposed regulation.
a. 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.
b. 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?
Along with your word document with your answers to these questions, also attach a pdf.file of the draft regulation that you selected.
Here is where you will find the Federal Register
https://www.federalregister.gov/documents/search?conditions%5Btype%5D%5B%5D=PRORULE
(Links to an external site.)
https://www.federalregister.gov/documents/2019/09/26/2019-20540/regulations-prohibiting-issuance-reliance-or-defense-of-improper-agency-guidance-notice-of-petition
Links to an external site.
You may select a proposed rule under (1) the public inspection tab or (2) hit "documents" to select a proposed rule under that tab.
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