...Legal System 01/10/2016 Administrative law Administrative agencies and executive departments Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. This kind of law is considered as a branch of public law and they are faced with the decision-making of administartive units of government, such as tribunals, commissions, or boards, that are considered as a part of national regulatory scheme, in areas that include police law, international trade, manufacturing, the enviroment, taxation, broadcasting, immigration, and transport.The expansion of administrative law happend during the 20th century, when many government agencies were created in order to regulate economic, political, and social areas of human interaction. Administrative agencies are created by the federal Constitution, the U.S. Congress, state legislatures, and local lawmaking bodies to managecrises, redress serious social problems, or oversee complex matters of governmental concern beyond the expertise of legislators. Administrative agencies are specialized governmental entities that are in charge of detail managing and gaps filling. Powers and functions given to these agencies are interchangeable, which means that their powers can be executive, legislative, or judicial. The responsability of the administrative agencies is defined through interpreting...
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...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) U.S. Department of Education- This regulation really interests me because this regulation will make it harder for students to receive educations and the percent of college graduate will be lower. I am a fan of college graduates actually graduating and obtaining their degree. With that being said, this topic has my interest 100%. 2. Describe the proposal/change...
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...the announcement regarding Keller’s 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 won’t 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...
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...Aviation Law Module One Questions and Answers Describe how a federal agency, like the FAA, creates and enforces regulations being sure to discuss the enabling authority a federal agency derives from federal statutes. When the FAA proposes a new regulation or changes to an existing regulation, they issue a document known as a Notice of Proposed Rule Making (NPRM), Federal law requires virtually all administrative agencies and departments of the government to conduct their rulemaking operations in this manner. The law requires that once the NPRM has been issued there must be a period of time for comment and consideration of the new proposed regulation. After the comment period closes the FAA considers the comments from the public and those affected by the new regulation. Often times, comments from the industry and public have influenced the FAA to either change or abolish the propsed regulation all together. When the process has run its course, the FAA issue’s a Final Notice of Rule Making. This notice will set forth the final rule as it will be adopted and an effective date for it to take effect. Under the Code of Federal Regulations (CFR), Title 14-Aeronautics&Space, Part 13 Investigative and Enforcement Procedures, Subpart B-Administrative actions, the FAA may administer a “Warning Notice” which deals with the available facts and information about the incident or condition and shows that it may have been a violation. The FAA may also give a “Letter of Correction” that...
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...LAW 443 ADMINISTRATIVE LAW I NATIONAL OPEN UNIVERSITY OF NIGERIA SCHOOL OF LAW COURSE CODE: Law 443 COURSE TITLE: Administrative Law I 1 LAW 443 ADMINISTRATIVE LAW I Course Code: Course Title: Course Developer/Writer: Administrative Law I Law 443 Simeon Igbinedion, LL.B., LL.M., B.L., PH.D., Faculty of Law, University of Lagos. Professor Animi Awah Ifidon Oyakhiromen, LL.B, LLM, M.Phil, Ph.D, BL Course Editor: AG. Dean,/Programme Leader: Course Coordinator: Mr. Ayodeji ige, LLM, BL 2 LAW 443 ADMINISTRATIVE LAW I COURSE GUIDE CONTENTS PAGE Introduction ……………………………………………………………………….. 1 What You Will Learn in this Course …………………………………………….... 2 Course Aims ………………………………………………………………………. 3 Course Objectives ………………………………………………………………… 3 Study Units ……………………………………………………………………….. 3-4 Tutor-marked Assignment ……………………………………………………....... 4 References/Further Reading ……………………………………………...……. 4 3 LAW 443 ADMINISTRATIVE LAW I Introduction Consider a situation where your residential property in which you have lived for decades has been demolished by the authorities of the FCT, or the Lagos State Ministry of Environment for allegedly being located in an industrial area. Suppose some customs officers at a checkpoint found you in possession of items which they claim to be contraband and, therefore, seized pursuant to the new Customs policy of zero-tolerance of goods likely to endanger the economic growth or contribute to the...
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...Administrative agency: Regulations Monika Felton Keller Graduate School of Management Legal, Political, and Ethical Dimensions of Business MGMT 520 Professor Melchiori November 5, 2012 Administrative Agency: Regulations The Administrative Agency The Federal administrative agency for which the chosen regulation controls is the United States Department of Agriculture, (USDA). The agency under the USDA for which the departmental proposed regulation falls is the Food and Nutrition Service, (FNS); the FNS works to reduce hunger among low-income populations providing greater access to higher nutritional standards with the aid of the U.S. agriculture (www.USDA.gov). The proposal addresses the administrative aspect of local educational agencies, (LEA), on the school lunch program and how best to ensure accurate documentation and assessment of family eligibility. The proposal affects section 304 of the Healthy, Hunger-Free Kids Act (Pub. L. 111-296) (www.USDA.gov). Why the Agency and Regulation is of Interest The proposed regulation is of interest due to the fact that it will directly affect the lives of thousands of low income children for which my job concerns. As a child case manager, approval of “free” lunches for low income households is often that bridge provides a large portion of daily and weekly meals for many clients. The regulation states that incomplete applications will not be approved; let it be noted that many parents lack the necessary data required...
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...1. State the administrative agency that 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) The administrative agency that controls the specific regulation that I select is, “Office of the Secretary, Department of Defense (DoD).” Regulation: Child Development Programs (CDPs) ACTION: Interim final rule. This agency and the proposed regulation interest me because of my time spent in the military. While serving my country for I had seen many different changes take place due to new regulations imposed to the military by the DOD. In this case, the regulation is one that would have affected me if I was still in. CDP’s are of critical importance to the men and women that serve our country. Knowing that are government is attempting to increase the current level of assistance is gives CDP’s would be a big win for the government and the children and parents that will be impacted. 2. Describe the proposal/change. (10 points) The proposed...
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...are obligated to follow the precedents established in prior decisions. | adjudicate | To render a judicial decision. In the administrative process, adjudication is the trial-like proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with violating a law or regulation enforced by the agency. | administrative agency | A federal or state government agency established to perform a specific function. Administrative agencies are authorized by legislative acts to make and enforce rules in order to administer and enforce the acts. | administrative law | The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities. | administrative law judge (ALJ) | One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact. | administrative process | The procedure used by administrative agencies in the administration of law. | Bill of Rights | The first ten amendments to the U.S. Constitution. | binding authority | Any source of law that a court must follow when deciding a case. Binding authorities include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction. | case...
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...| Week 2: Administrative Regulations - Assignments | | | | Help | | | | | | Print Assignments | Reading: Chapter 5: Business and the Constitution Chapter 6: Administrative Law Chapter 7: International Law (pp. 221-238) Assignment: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)2. Describe the proposal/change. (10 points)3. Write the public comment which you would submit to this proposal...
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...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 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: (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) The administrative agency I would like to choose is the Social Security Administration and the proposed regulation is the “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...
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...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 your 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 Drop box: (a) a Word document with the questions and your answers and (b) a copy of the proposed regulation you used for this assignment. The administrative agency which controls the regulation is Department Of Transportation. This proposed regulation interests me because I am a cigarette smoker, and I travel in between Asia and the United States periodically. I take long flights where smoking is prohibited in the aircraft, and it is difficult to people who smokes not to have any cigarette or any electronic cigarette. But also, I do understand and agree to prohibition of smoking in the aircraft is to make sure the clean air is circulating within the aircraft. This regulation would keep people who do not smoke away from second smoking and the ones who smoke put in a consideration of quitting smoking. 2. Describe the proposal / change. The proposed regulation is to amend its existing airline smoking rule to explicitly ban the use of electronic cigarettes on all aircraft in scheduled...
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...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 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: (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) a. Federal Aviation Administration (FAA)– I plan on traveling for work and this could affect the safety of my airplane travel 2. Describe the proposal/change. (10 points) b. This AD was prompted by findings of chafed power wires due to flexing of the MDC rack panel. We are issuing this AD to prevent damage to power wires, which could cause...
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...ADMINISTRATIVE AGENCIES Definition of Administration agency: Administrative agencies were created to handle serious social problems and crises that are beyond the expertise of legislators and judges. Serve as a primary vehicle for the creation and enforcement of modern regulation. (An official governmental body empowered with the authority to direct and supervise the implementation of particular legislative acts.) The influence referred as the “fourth branch” (three branches, legislative, executive, and judicial) Administrative agencies have been objects of controversy. Enabling Legislation Administrative agencies are created by enabling legislation, which usually specifies the name, composition, and powers of the agency. Administrative procedure Act (APA) The APA was enacted by Congress in 1946 in an attempt to standardize federal agency procedures and to respond to critics who said that administrative power was out of control. Functions of Administrative Agencies In their roles, administrative agencies serve three main functions: rule-making, adjudicating and investigating. * In rule making, the agency takes laws passed by Congress and adds the technical expertise need for them to apply to real-life situations. E.g., a bill may mandate public vaccinations, but a rule will explain which age groups and demographics need the vaccination. * Agencies serve a judicial function when in-house lawyers and judges help individuals resolve disputes with...
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...Your assignment is due by Sunday, end of Week 2, 11:59 p.m. (MT). It is the student's responsibility to check to see that the attached files are actually in the Dropbox. Week 2 TCO B Homework: Using the internet, go to the Regulations.gov website to find a proposed regulation. 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 piece of legislation. 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 would 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. At Regulations.gov, type the word ‘proposed ’ into the search box to conduct a search for proposed regulations. You can also refine your search by agency and by date to help narrow your search and provide more recent proposals. Once you find one, check the ‘Action’ section of the regulation. It should say ‘Proposed Regulation’ or ‘Proposed Rulemaking’ or ‘Notice of...
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...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? I chose the proposal which was posted on September 17, 2010 by the agency of HHS. HHA also known as Unites States Department of Health and Human Services. The subject of proposed regulation is “National Vaccine Injury Compensation Program: Revisions to the Vaccine Injury Table”. HHS is working to protect the health of America. I think as a person Health is the first thing you should one should take care. That is why; I wanted to choose regulations from the HHA agency. And the purpose of selecting this specific regulation is because of our new generations. It is our duty to protect the health of our children. As a parent, we should be aware of all the side effects of vaccines. We are not doctors or scientists. It is not possible for us to know the technical terms of all the effects and of vaccines. These changes on the table will help us to understand. 2. Describe the proposal/change. The Secretary of HHA is proposing to change the Vaccine Injury Table. The change will create distinct and separate listings for Hepatitis A, Trivalent Influenza, Meningococcal and Human Papillomavirus Vaccines. The Table includes a list of covered vaccines under the National Vaccine Injury Compensation Program (VICP). The VICP provides a system of no-fault...
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