Pick an administrative agency of either the federal or a state government. Find where the current and proposed regulation changes for that agency are located on the Internet. (i.e., the Federal Register or the State Administrative Agency website.)
Regulations.gov is a good place to begin your research. Pick one proposed regulation change currently under consideration (if you find one that has already closed out but interests you, you can use that instead) and write the following regarding it:
1. 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) Office of Postsecondary Education, Department of Education. This agency and the proposed regulation interest me because as a postsecondary education student with title 5 debt, any regulations passed would affect me and my ability to repay my student debt.
The proposed regulation would add a new income contingent repayment plan in the Direct Student loan program based the President’s “pay as you earn” repayment initiative and incorporate recent changes to the income based repayment plan in addition to adding a permanent disability discharge process for borrowers in the title IV, HEA loan programs.
I’m currently signed up for the income based repayment plan, so this regulation could essentially increase or decrease my potential repayment as well as giving me the ability to discharge my title 5 debt if I ever come disable. 2. Describe the proposal/change. (10 points)
Due to increased enrollment and higher tuition costs this has played a substantial role on the increased debt of Americans. Due to some federal student loan borrowers suffering from permanent disability, the current discharge process has led to some inconsistencies in determining their eligibility to discharge their student loan debt. Some of the major provisions of this proposal include creating a new income contingent repayment plan based on the President’s “pay as you earn” repayment initiative in addition to making some technical corrections and other minor changes to the income contingent repayment plan.
These additional changes include the addition of provisions related to the notification of income documentation requirements and the income contingent repayment plan forgiveness process. 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) I believe the provisions to the current income contingent repayment plan and the income based repayment plan can pose to be beneficial for many.
The changes will allow those with permanent disabilities a less complicated process to have their title 5 debts forgiven. In addition the changes made to these plans will allow individuals who have had a difficult time finding employment in their field the ability to maintain their debt without allowing them going into default, especially with the current unemployment numbers as they are un the United States.
These changes will also make an attempt to encourage borrowers to make good on their debt, by giving them many options for repayment that will cater to their current financial situation. 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 deadline for comments is August 16, 2012
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.) b. 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. 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? Normally the comment period under the Administrative Procedure Act cannot be fewer than 30 days, however most agencies make the public comment period longer than the required.
Once the comment period is over any who has submitted their comment and wishes to challenge the validity of a federal regulation can do so after it becomes law.
Those parties who made comments on the rules during their proposal stage can challenge the validity in court in several different ways which include: The first ground to challenge a regulation is the Arbitrary and Capricious Standard for Challenging an Agency Action-This standard is generally applied to informal rulemaking and simply requires the agency to show evidence to support the proposed rule and without such evidence the rule can be held to be arbitrary and capricious (Jennings, M.M).
The second ground to challenge a regulation is the Substantial Evidence Standard for Challenging an Agency Action-This theory requires that more convincing evidence exist in support of the regulation than against it (Jennings, M.M).
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 Administrative Procedure Act requirements notice, publication, and public comment or input. The APA requirements must be followed in order for the regulatory process and resulting rules to be valid (Jennings, M.M).
The fourth ground to challenging a regulation is the Constitutional Standard for Challenging an Agency’s Action-In this basis for challenging a regulation is proving the regulation is unconstitutional. In order for this basis to be accurate it must be proven that the regulation is unconstitutional or that it imposes discriminatory requirements for licensing professionals (Jennings, M.M).
The final ground to challenging a regulation is the Ultra Vires Standard for Challenging an Agency’s Action-This theory for challenging a regulation goes beyond the authority giving to the agency in its enabling act, this theory would be valid if an agency tries to change the substance and purpose of the enabling act through a regulation, in this instance the regulation would be ultra vires (Jennings, M.M).
If I wanted to challenging the changing to the updated provisions in the income based repayment plan and income contingent repayment plan regulation the method I could chose is trying to overturn it by stating the Department of Education did not comply with the Administrative Procedure Act. I would chose this method because it would best to challenge their methods in implementing the regulation stating the Department of Education didn’t comply with the Administrative Procedure Act finding discrepancies in their notice, publication and public comment period.
ReferencesJennings, M. M. (2012). Administrative Law. In Business: It’s Legal, Ethical, and Global Environment. (9th ed.). (pp. 54-58). Mason, OH, USA: South-Western Cengage Learning.
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