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 compensation for certain individuals who have been injured by covered childhood vaccines. The proposed rule is technical in nature. The four categories of vaccines described in this notice are already covered vaccines under VICP and are currently listed in the Table. The proposal is to list these vaccines as separate categories on the Table, with no associate injuries notes at this time.

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. (page 190 of the text gives some examples of comments)

I am writing in regard to the notice of changes in Vaccine Injury Table. I believe there should be a change in the Table for the Hepatitis A, Trivalent Influenza, Meningococcal and Human Papillomavirus Vaccines.

For the last few years, we had seen several cases of Vaccine injuries. To save our children from further Vaccine injuries, we need the parents to be more educated about vaccines. Even if one child is already affected by the vaccine, the parent and the child is entitled to receive their compensation. In my opinion, the table should be changed and it will be more clear who want to obtain information.

4. Once you have submitted your comment, what will you are 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.)

Each permanent rule of Promulgation process begins with the agency’s issuance of a “Statement of Scope”, which is the agency’s public notice that it intends to begin the development of a permanent rule. The agency may submit and initial proposed rulemaking order to the Legislative Council Rules Clearinghouse. The clearinghouse than submits the comments on the initial proposed rule. Subsequently, the agency usually schedules one or more public hearings on the initial proposed rule. Following the hearings, the agency may modify the rule order based on the Clearinghouse and public comments. Than the agency submits the final proposed rulemaking order to the presiding officer of the Senate and Assembly for legislative review. Once the legislative standing committee’s jurisdiction ends, the agency is free to file the rule with the Secretary of State.

5. If the proposal passes, identify some legal theories you could use in an attempt to have the regulation declared invalid and overturned in court. (refer to Chapter six)

An administrative rule can be challenged on several different grounds. The first ground on which to challenge the agency rule is that it is arbitrary, capricious and abuse of discretion, or in violation of some other law.
The second standard is generally applied to informal rulemaking and simply requires the agency to show evidence to support the proposed rule. Without such evidence, the rule can be held to be arbitrary and capricious.

6. What have you learned about this process? Do you think it is effective? Why or why not? If it is not effective, how would you change it?

Administrative agencies are created by Federal Constitution, US Congress, State Legislatures, and local lawmaking bodies to manage crises, social problems. Administrative agencies are able to solve minor or exceedingly complex disputes more quickly or more flexibly than state and federal courts.
I think this is a very effective way of legal process. Regular people can get involved with the proposed regulations. This is a really good way to see public opinions and make the changes accordingly.