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 which 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 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)
The administrative agency I choose is the Social Security Administration and the proposed regulation is “Amendments to Regulations Regarding Withdrawal of Applications and Voluntary Suspension of Benefits”.I selected this agency because as most of us deal with it and some way or the other everyone in the family will affected by the proposed rules of it. Coming to this rule ,it is so interesting that how can they limit the period of applying and taking their rights away.
2. Describe the proposal/change. (10 points)
Basically workers have the right to choose when to apply for old age benefits.So depending on the time they apply the number of benefits will be decreased or increased accordingly. According to this proposed regulation they are limiting the time for the withdrawal of old age benefits applications. They only allow only one withdrawal for lifetime and also limit the voluntary suspension benefits.And they say that by doing these changes to the current policies they can avoid the misuse of them.
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)
I am not favor of this proposed rule because my uncle who is about to retire in few years when he is 62 and wanted to postpone to apply for old age benefits at 70.This is because it will increase the benefits.At present he is good and planning to work few more years after retiring so that he can take care of his sister who is suffering from cancer.
By this proposed rule he has to apply for the benefits within 12 month period after he retires which makes him out of money when he actually is in need of it.Old age people don’t have any one to take care of them and they all expect more benefits and they know when they do need the benefits.If they think that are they proposing this rule to not make it misuse or abuse they should find out the percentage of people who are suffering from it.
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)
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.)
Social Security Administration follows the Administrative Procedure Act rulemaking procedures when developing the rules. They provide the public to comment before issuing any rule.
There will be a deadline for the public to enter their comments. Once the deadline has expired the proposed rule is submitted in the federal register for additional comment which is of a 30 day comment period. The public who made comments when the rule is proposed can challenge the rule in courts. Challenging a rule can be done by using any of the five legal theories.
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.
The five legal theories are as follows
First comes the arbitrary or in violation to some other law which we can challenge a rule.This requires the agency to show the proof that supports the proposed rule. Second one is similar to the first one but this requires more convincing evidence that supports the regulation .One can challenge the agency with unsupported substantial evidence.
Third one is that we can challenge the agency if there do not follow the Administrative procedure act by bringing it to the notice of the public prior to its rule making and taking the comments for certain amount of time. Fourth one is that the proposed regulation is unconstitutional. This deal with the agencies that impose discriminatory requirements for licensed professionals. Fifth is the ultra vires regulation which means that the agency tries to change the substance and purpose of enabling through regulation.
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?
The best way to challenge for this rule would be the second one where the agency has to provide the substantial proof or evidence and it is unsupported by the evidence. Among all the five legal theories this is the only one I think that we can challenge the rule.Any of them do not fit for the situation.