Week 2 Homework Help – GM520.
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)
Internal Revenue Service – This regulation interests me because members of my family are both employees and employers and IRS will benefit one and harm the other with it. It will take an affect in 2014.
2. Describe the proposal/change. (10 points)
This proposed regulation will require employers with more than 50 full-time employees to provide affordable health care coverage with a minimum level required. Otherwise, employers will be punished with penalties. Regardless, it would increase expenses for any company having more than 50 employees especially since health care costs are increasing on yearly basis.
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)
Small businesses provided over half of nation’s private workforce; therefore this regulation will harm them forcing them to spend more money on health care for their employees. Since economy did not recover yet, it would hurt them more now than a few years ago. This regulation should be postponed until economy gets better.
I wish they would reconsider.
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)
This expires on 03/18/2013.
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.)
I will be legally entitled to attend hearing to support my comments, as well as allows me to prove that this regulation is not useful for businesses and gives me an opportunity to question its validity of the rules in court. Later on agency has three options of what to do with proposed rule, adopt, modify or refuse.
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.
1. The Arbitrary and capricious standard – includes arbitrary, capricious, an abuse of discretion, or violation of some law – requires agency to provide evidence to support the proposed regulation
2. Not supported by substantial evidence – requires more evidence to support the regulation than go against it.
3. The rule that regulation can set aside if the agency did not use the APA requirements of notice, publication and public comment input. Everyone must follow the same process.
4. Regulation is unconstitutional – allows agency to search records or execute discriminatory requirements.
5. Ultra Vires( Beyond its Powers) - regulation is beyong agency power, something that can not be passed
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?
Out of all of the challenges I would use that this regulation is not supported by substantial evidence. I think comments needs to be reviewed by public as well as all the records to determine whether this regulation will be helpful to the public. This regulation passes “shared responsibility” but it doesn’t mean that it will be successful and that everyone will need a healthcare insurance.
I think the idea of passing this regulation is good, but considering this economy and how many businesses will be effect, it doesn’t look so bright. This regulation doesn’t have enough evidence to support that it will be good for everyone. Not everyone wants to pay and have insurance.