Free Essay

Gm520 Week 2

In: Business and Management

Submitted By cellguy850us
Words 1028
Pages 5
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 legislation I chose to research is the “Protecting Academic Freedom in Higher Education Act” (H.R. 2117). This bill seeks to repeal a recent rule change by the U.S. Department of Education, which federally defines a credit hour as used by all institutes of Higher Education. It would also repeal the so-called state authorization regulation which significantly expands and complicates existing federal requirements for an institution to legally operate within a state I chose this legislation because as a leader in Higher Education the statute directly impacts my and all schools in the country; unduly burdening us and limiting the rights of our students.
2. Describe the proposal/change. (10 points)
In October 2010, the U.S. Department of Education (DOE) released a package of regulations to purportedly improve the integrity of the student financial aid programs. Two of these so-called “program integrity regulations” – the credit hour and state authorization regulations – inject the federal government into issues that are traditionally academic or state affairs. They will unnecessarily restrict colleges and universities and result in fewer choices for students.
The new regulation allows the Department of Education to define a credit hour. Before the regulation, a credit hour was defined by either state statute or by accrediting agencies. Traditionally, a credit hour was defined as one hour of lecture and two hours of out of class work for approximately 15 weeks for one semester or trimester or for 10 to 12 weeks for one quarter hour.
The second part of the regulation would repeal the DOE rule that forces institutes of higher education to meet state requirements for every state that a university has a student attending. This is particularly burdensome for colleges that offer distance education, as so many do now. As an example, my school – DeVry, would need to register and adhere to regulations in all 50 states since we offer on-line course across the country. Currently, we only need to be registered in states where we have a physical presence (i.e., Minnesota, Illinois, Nevada, California, etc).
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)
A credit hour is the most basic building block of any academic program. By establishing a definition of a credit hour, the regulation opens the door to inappropriate federal interference in the core academic decisions surrounding curriculum—the exact type of interference expressly prohibited in the department's enabling legislation.
It is my position that no federal definition of a credit hour is ever appropriate because it becomes the basis for ongoing regulatory intervention in all institutional and accreditation decisions associated with the credit hour.
The regulation also creates new and significant obstacles for student pursuing higher education through distance learning (on-line) and places the federal government in the position of enforcing state distance education laws. As a practical matter, because of the inability to accurately predict or control student mobility, most colleges and universities will need to pursue authorization in all 50 states even before knowing from which states their students may ultimately enroll. Unfortunately, state policies in this area can be highly complex, ambiguous and outdated and are often accompanied by substantial fees that may be cost-prohibitive for some public and non-profit institutions. Due to these burdens, some colleges and universities may well determine that they will no longer offer distance education programs in certain states.
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 public comment was 12/31/11. The resolution did pass, effectively repealing section 600.2 and 600.9 of the DOE regulations.
1. 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.)
a. If the proposed rule repealing the regulations was not repealed I would have the right to challenge the rule in court (assuming I had standing). It could be challenged based on being arbitrary and capricious. It could also be challenged as being ultra vires (beyond its power). Being that the existing rule, if not repealed, violates the states supremacy in that the federal government is attempting to interfere in powers usually reserved for the states.
2. 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.
i. Arbitrary and capricious – rule was not based on sufficient facts ii. Ultra Vires – rule was beyond the power of the agency iii. Substantial Evidence Test - rule was not based on enough evidence iv. Sunset Law – A law allowing legistlature to effectively close the agency
v. Zero-based budgeting – legistature could eliminate budget of the agency
3. 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?
a. The Ultra Vires rule would seem to apply here. The DOE has overstepped its bounds as a federal agency by requiring stripping states of their right to set rules on the definition of a credit hour as well as what colleges and universities need to be registered and regulated by them.

Similar Documents

Free Essay

Gm520 Week 2 Assignment

...Safety Commission. Explain why this agency and your proposed regulation interests you: Because I am a grandmother and my granddaughter fell out of her bassinet at one time and had to get stiches. I have never been in favor of bassinet and when I raised my sons, always put them in a crib to nap or sleep. I feel bassinets are ok to put a baby in for short periods of time, nap time and then you should watch them the whole time period, but not for long periods of time. Will this proposed regulation affect you or the business in which you are working? It wouldn’t affect me directly but any future grandchildren I have and it would make me feel more secure in knowing there were better safety measures in place to ensure less fatalities and injuries 2. Describe the proposal/change. The proposal request several changes be put into place in the manufacturing of bassinets and/or cradles to make them safer. There are several proposals be request as list below: Updated warnings; Stability requirements; Performance requirements for fabric-sided products to address entrapment incidents; Performance requirements to limit the rocking/swinging angle to 20 degrees and the rest angle of certain rocking/swinging cradles to 5 degrees; Show citation box requirement to eliminate active restraints; Changes to scope and terminology; Performance requirements specifying a mattress flatness angle of 5 degrees to address suffocation incidents on segmented mattresses 3. Write the public comment......

Words: 718 - Pages: 3

Premium Essay

Gm520

...Week 2 Homework – GM520 Brad Booth 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 Department of Alcohol, Tobacco, Firearms and Explosives – I am a firearms dealer and wonder how the Firearm regulation will affect my sale of guns. This will affect me who I can sell guns to and the cost of background checks. 2. Describe the proposal/change. (10 points) The change will require people to do a more extensive background check and depending on the background it will disqualify them on getting a weapon and affect how many guns I can sell. 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 wish to have them reconsider this new rule by at least putting some additional provisions in place to protect the......

Words: 777 - Pages: 4

Free Essay

Week 2 Gmt 520

...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......

Words: 709 - Pages: 3

Free Essay

Gm520

...Week 2 Homework – 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? Department of Agriculture Agricultural Marketing Services The proposal interests me because it deals with businesses who voluntary want their plants inspected against USDA guidelines for diaries. This is interesting because I would think each dairy would be required to be inspected and not voluntary. Being that the fee may rise and the inspection is voluntary then most likely those businesses will pass the cost onto consumers. This could potentially affect my clients who have children and need dairy products to meet their babies’ daily needs. I hope to safely assume all dairies would want to be inspected and graded according to USDA guidelines in the event something of bad product being introduced to the public. 2. Describe the proposal/change. The proposal increases the fee for business who wants their dairy plants inspected against USDA inspections and grading services. These fees were last adjusted in 2006. According to the regulation, “despite the adoption of technologies that have improved services, additional changes in operations that enhanced efficiencies, and reduced employee numbers, increases in salaries, technology investments, and general inflation have more than offset savings resulting in the...

Words: 1154 - Pages: 5

Premium Essay

Mgmt520- Week#2

...GM520 - Week 2 Homework 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) Nebraska Department of Revenue – I own an operating farm in the state of Nebraska and this new bill hold potential tax saving. This will affect me by potentially reducing or refunding the sales and use tax liability on farm equipment. 2. Describe the proposal/change. (10 points) This bill will eliminate the application and imposition of sales and use tax on the “sale, lease, or rental of and the storage, use, or other consumption” of repair or replacement parts for agricultural machinery and equipment used in commercial farms. 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) My comment is that the elimination of sales and use...

Words: 946 - Pages: 4

Free Essay

Gm520

...Melinda Roberson GM520 Week 2 Homework I am choosing to write my paper on the Hours of Service of Drivers, Proposed Rule, 75 FR 82170, December 29, 2010. The administrative agency which controls the regulation is the Federal Motor Carrier Safety Administration (FMCSA). This proposal interests me because when I was in middle school my cousin was hit by a driver which ended her life. After extensive investigation they found that the driver fell asleep behind the wheel due to him working two days straight. This proposal will not affect me or the business in which I am working in but it will give me peace of mind if passed because no one should have to lose their loved one in such a tragic way. The proposal is to help promote safety and to protect driver health, FMCSA proposes to revise the regulations for hours of service for drivers of property-carrying commercial motor vehicles (CMVs). To achieve these goals, the proposed rule would provide flexibility for drivers to take breaks when needed and would reduce safety and health risks associated with long hours. The proposed rule would make seven changes from current requirements. The proposed rule would make seven changes from current requirements. First, the proposed rule would limit drivers to either 10 or 11 hours of driving time following a period of at least 10 consecutive hours off duty; on the basis of all relevant considerations, FMCSA currently favors a 10-hour limit, but its ultimate decision will include a......

Words: 938 - Pages: 4

Premium Essay

Gm520 Homework Week 2

...Week 2 Homework – GM520. By Sam Jhonson 1. The Federal Trade Commission and the Federal Reserve Board was seeking amendments to the Risk-Based Pricing Rule that would require creditors, as of July 21, 2011. I am starting my own business so this interests me as to how the credit scores are reported to the consumers. 2. The proposal makes the creditors to disclose the credit score information to the consumers when a credit score is used in setting or adjusting credit terms. Also consumers who receive the notice can obtain a free credit report to check the report’s accuracy. As an alternative to providing the notice, the Rule permits creditors to provide credit applicants with a free credit score and information about their score. 3. The agencies should provide additional information related to credit scores to the risk-based pricing notices. Specifically, the risk-based pricing notice include an explanation that the consumer does not have a single credit score, and that the credit score may vary with the consumer reporting agency and a particular credit product for which the consumer applied. Most consumers need this information to help them understand why they are receiving a particular score that may not be the same as a FICO score. 4. All the comments must be received by 04/14/10 and comments on he Paperwork Reduction Act analysis set forth in Section III.A. of this Federal Register notice must be received on or before May 16, 2011. 5. a. 1. Go to the......

Words: 375 - Pages: 2

Free Essay

Gm522 Week 2 Homework

...Roopen Patel 7/18/11 Week 2 Homework Help – GM520. Here is an example to get you started on the Week 2 Homework: 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) Department of Health and Human Services- Since I work in the healthcare field and use Electronic Health Records documenting patients medical history, diagnoses, and treatment. http://www.regulations.gov/#!documentDetail;D=HHS-OCR-2011-0011-0001 2. Describe the proposal/change. (10 points) A Notice of Proposed Rulemaking concerning the accounting of disclosures requirement under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. The proposed rule would give people the right to get a report on who has electronically accessed their protected health information. The U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) is proposing changes to the Privacy Rule, pursuant to the......

Words: 1128 - Pages: 5

Free Essay

Gm520 - Week 2 Assignment

...| 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......

Words: 1306 - Pages: 6

Premium Essay

Gm520 Week 2

...tier. A bill (SB 289) introduced last week by Sen. Bill Coley (R-Middletown) would do just that. SB 289 would classify cogeneration technology using waste or byproduct gas from an air contaminant source as a renewable energy resource. SB 289 is jointly sponsored by state Sen. Joe Schiavoni (D-Youngstown). November 09, 2011 October Green Strategies Ohio Legislative Roundup Two new bills have been introduced that would affect the State of Ohio’s renewable portfolio standard (RPS) and the advanced energy portfolio standard (AEPS), currently at 12.5 percent each by 2025. Below is a brief summary of each bill. Senate Bill 216 Senator Kris Jordan (R-Powell) Senate Bill 216 proposes to repeal all of Senate Bill 221 that provides for renewable or advanced energy standards in Ohio. In his co-sponsor request, Senator Jordan says his bill, “will seek to put government back in check, leave free market decisions to the free market and work to make Ohio a more business friendly and fiscally sensible state.” The Senator does not detail how repealing the state’s standards will affect prices of energy in Ohio, and the bill simply removes provisions allowing for the RPS and AEPS from SB 221. Although the bill has two co-sponsors – Senators Bill Seitz (R-Cincinnati) and Tom Patton (R-Strongsville) – it has not received any hearings as of the date of this Roundup. Senate Bill 242 Senator Tom Patton (R-Strongsville) This bill was introduced the week of October 31, 2011, and has not yet......

Words: 1205 - Pages: 5

Premium Essay

Gm520 Week 2 Assignment Paper

...HOMEWORK ASSIGNMENT 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? The U.S. Agency for International Development (USAID) issued a new Scientific Integrity Policy to safeguard the quality and integrity of the Agency's scientific and scholarly activities. This agency is made for the International Development and is in favor of the people around the world which makes me glad and this fact interests me. This proposed regulation will not be affecting me or my work place. It would be a general public benefit which would make everyone feel at ease. 2. Describe the proposal/change. Spurred by a 2009 directive from President Obama and subsequent guidance from the White House, this policy articulates the principles regarding how scientific and scholarly activities are supported and carried out, and how research findings are used and disseminated. Specifically, the policy outlines guiding principles for the entire Agency that will: • Protect the scientific process from misconduct and from inappropriate influence; • Promote access to scientific and technical information; • Maintain a highly skilled technical and scientific staff; • Convene and use federal advisory committees ethically and transparently; and, • Ensure quality, methodological rigor, and ethical standards in all......

Words: 789 - Pages: 4

Free Essay

Gm520 Week 2 Project

...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. The proposed regulation change that I chose deals with concerns Organizational Conflict of Interest (OCI) rules within the Federal Acquisition Regulations (FARS). These rules impact the Department of Defense (DOD), the National Aeronautics and Space Administration (NASA) and the General Services Administration (GSA). 2. Explain why this agency and your proposed regulation interests you (briefly). I chose this rule because it potential affects not only my company but many in the government contracting industry and potentially has great impact for the government as well. 3. Will this proposed regulation affect you or the business in which you are working? If so, how? Yes, it has the potential to impact our operations and our ability to continue to perform contracted work and to pursue new work. We perform a wide range of Advisory and Assistance Services (A&AS) for all three agencies impacted by the proposed rules. In some cases the rules directly pertain to our work and will limit opportunities in the future. In other cases, particularly where the A &...

Words: 2615 - Pages: 11

Premium Essay

Week 1 Gm520

...Week 1: Business Ethics and International Responsibility - Discussion The World Bank Situation (graded) Class, please read Chapter 2, problem 5 from the Jennings text, p. 72. This week, we will discuss the Wolfowitz situation at the World Bank. Consider the questions at the end of the problem as you make comments in the threads this week. What are the ethics here? Was Wolfowitz trying to do the right thing? Does that make a difference ethically? Throughout the week, I will bring in further questions. Be sure to read the lecture and the international ethics article stated in your reading for the week as well. Responses Response Author Date/Time Wolfowitz and Riza Parvez Rana 4/30/2012 8:06:35 PM Wolfowitz has acknowledged his direct role in the job transfer and pay raise for his longtime companion, who worked in the bank's Middle East department, to avoid supervising her. He has said that he did so only at the direction of the ethics committee. Wolfowitz and Shaha Riza knew what they were doing; it was neither an accident or an oversight, and she was complicit in a raise or series of raises she did not earn legitimately.And does anyone think Wolfowitz and or Riza should be made to repay all her raise money? RE: Wolfowitz and Riza Stephanie Garrigan 5/4/2012 11:15:26 AM By Wolfowitz's disclosure to the board of his relationship with Ms. Riza it did in effect protected Ms. Riza'sfuture whether she was a employee or not. The board......

Words: 2849 - Pages: 12

Free Essay

Gm520

...Week 2 Homework GM520 Joefred B Devicais 1. United States Citizenship and Immigration Services – The USCIS is the government agency that oversees lawful immigration to the United States. The agency provides accurate and useful information to customers granting immigration and citizenship benefits. Proposed changes: USCIS Proposes Process Change for Certain Waivers of Inadmissibility. I am a business owner in Daly City, California and this interests me and will impact my potential immigrant employees with the new USCIS regulation. This will affect my employees emotional and financial stability due to family separation. 2.  The change will reduce the time US citizens separated from their immediate relatives to include spouse, children and parents. If the relative can prove that being separated from their US citizen relative would cause extreme hardship, applying for a provisional waiver of the unlawful presence ground of inadmissibility while in the United States reducing the time separated from their relative. 3. My comment is that this provisional waiver would be very beneficial to the US citizen relative emotionally and financially. Most families live with dual income status and spouse support with childcare and other day to day functions and work at the same time. Therefore, shorter family separation lessens the burden of the US citizen’s hardship. 4. Comment period from April 2,2012 to June 1,2012. 5. a. Once you have submitted......

Words: 861 - Pages: 4

Premium Essay

You Decide Es Gm520 Week 6

...You Decide ES  Review the Virginia Pollard case information located at the beginning of this project: You Decide ES. (If you click here, you will return to the face-sheet of the project area. To return to this page, click the Beginbutton again. You can do this all week.) To do well on this project, study the readings for this week and consider the work we did in Week 5. You may want to do some outside research for this project as well, reviewing recent case law on discrimination and harassment and including that in your answers to the project. Do not discuss this project with your classmates. You should do the work on your own. This project is "pooled," meaning your classmates may have different questions than you do. This project is worth 100 points toward your final grade. You can access this area all week and continue updating your answers until the end of the week – be sure to hit "save answers" before leaving each time! When you are done working on the project, hit "Submit for grade," and then it will be available in the gradebook for grading. Your role in answering the questions: You are the independent human resources consultant hired by Teddy's Supplies to help explain to the company what the case against them will entail. You have gleaned the facts from your investigations into the situation to date. You have never talked with Virginia Pollard. The case is currently in the appeals stage and the company executives have some questions for you. Answer them using......

Words: 2883 - Pages: 12