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Week 2 Homework Template

Please use this template to submit your homework for Week 2. Remember to answer ALL of the questions. You cant get points for questions you leave blank! :o) You can use as much space as you need to for each of your answers by using the insert function. DO NOT CHANGE THIS TEMPLATE IN ANY WAY. Just insert your answers.

Remember to cite any sources (including our text) used in answering any of the questions. All
of Kellers guidelines must be followed for each of your responses. See the announcement regarding Kellers guidelines for more information. Please include your first and last name in the file name of this template and your proposed regulation when you submit them as attachments to the Dropbox. Your assignment is due by Sunday, end of Week 2, 11:59 p.m. (MT). It is the student's responsibility to confirm that the attached files are the correct files and that they are actually in the Dropbox. Verify before (and after) you submit your document that you have answered all questions. Questions left blank will receive a zero and you wont be able to submit the answer later for credit.

Week 2 TCO B Homework: Homework Tip:

The easiest way to find a proposed regulation for this assignment is to go to the Regulations.gov website. Do NOT go to the website of the federal administrative agency itself as it is easy to become confused and you may end up selecting an item that is not a proposed regulation. Be careful NOT to choose a final rule or a piece of legislation (bills enacted by a state legislature such as house bills or senate bills). Also, please do not use a foreign regulation for this assignment as you will not be able to answer all of the questions for this assignment and will therefore lose points. For this assignment, you must find a regulation proposed by an administrative agency. If you are unable to answer all 5 of the questions if the template, you probably have not found a proposed regulation and need to keep looking. 1. At the Regulations.gov home page, click on Search without entering anything in the search box. 2. On the next page under Filter Results By check the box beside Open under Comment Period and Proposed Rule under Document Type. 3. Now you will see the results for proposed rules/regulations that currently have an open comment period. The proposed regulation does NOT have to be related to your work. 4. Check the Action section of the proposed regulation. If it does not say proposed regulation, notice of proposed rulemaking, notice of proposed regulation (or something similar) to indicate it is a proposed regulation, it probably isnt one. 1. Identify the administrative agency 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). The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will have two items to submit to the Week 2 Dropbox: (1) this template filled in with your answers and (2) a copy of the proposed regulation you used for this assignment. You will be able to upload both attachments in the same Dropbox. The Dropbox allows you to attach multiple documents in the same submission. (10 points)


2. Describe the proposal/change in your own words. (10 points)


3. Write a comment which you would submit to the administrative agency regarding this proposed regulation. (For example, are you in favor of the proposed regulation or against it? Why?) If the deadline for comments has already passed, write the comment you would have submitted had there been time. Also, explain briefly what you wish to accomplish with your comment. (10 points)


4. Provide the "deadline" (date) by which comments are (or were) due. If the due date has already passed, please provide when the deadline was. (NOTE: If you cannot find the answer to this question, you probably have not found a proposed regulation and you should look for a different one to complete your assignment.) (5 points)


5. a. To what does your comment's submission legally entitle you? In other words, 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.) (2 points) b. If the proposal passes, identify and explain the five legal challenges you could use in an attempt to have the regulation declared invalid and overturned? (Start a new paragraph for each of the five challenges). (1 point for identifying each of the 5 challenges and 1 point for explaining each of the 5 challenges for a total of 10 points) c. Which of these challenges would be the best way to challenge the regulation you selected for this assignment and why? (3 points) Answer ALL of the questions for #5 even if you are in favor of your proposed regulation. (15 points) Answers: a.