Free Essay

Mgmt 520 - Week 2 Assignment

In: Business and Management

Submitted By krkrmwb
Words 1227
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: (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)
Agency: Federal Railroad Administration (FRA)
Parent Agency: Department of Transportation (DOT)
I’m a project manager and I work in construction and this regulation affects me directly because on some of the projects I’m working on, I deal with railroad employees.
This regulation promotes for a safer work environment.
2. Describe the proposal/change. (10 points)
FRA is establishing minimum training standards for all safety-related railroad employees, as required by the Rail Safety Improvement Act of 2008 (RSIA). The final rule requires each railroad or contractor that employs one or more safety-related railroad employee to develop and submit a training program to FRA for approval and to designate the minimum training qualifications for each occupational category of employee. The rule also requires most employers to conduct periodic oversight of their own employees and annual written reviews of their training programs to close performance gaps. The rule also contains specific training and qualification requirements for operators of roadway maintenance machines that can hoist, lower, and horizontally move a suspended load. Finally, the rule clarifies the existing training requirements for railroad and contractor employees that perform brake system inspections, tests, or maintenance.
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’m in favor of the proposed regulation. With so many railroad accidents in the recent years, the public has lost their trust in the railroad transportation system. This regulation will enforce safety awareness among railroad employees. Also, this regulation will provide the FRA with better knowledge of the operational systems of the different agencies, which will give them the chance to see the faults and that will help enhance the various safety programs. The regulation will help the public regain trust and it will be beneficial for all the railroad employees as well and improve their work environment. Applying this regulation can prevent future fatalities.
With that being said, I wish that this regulation is applied as soon as possible.
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 02/10/2015
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.)
Department of Interior policy is, whenever practicable, to afford the public a meaningful opportunity to participate in the rulemaking process. The process of opening refuges is done in stages, with the fundamental work being performed on the ground at the refuge and in the community where the program is administered. In these stages, the public is given other opportunities to comment. Once the deadline date for comments has expired, the document will be published in the Federal Register for additional comment, commonly for a 30-day comment period. Those parties who made comments on the rule(s) during the proposal stage can challenge the validity of the rules in court. An administrative rule can be challenged on several different grounds. The first ground on which to challenge an agency rule is to determine if that rule is arbitrary, capricious, an abuse of discretion, or in violation of some other law. This standard is generally applied to formal rulemaking and simply requires the agency to show evidence to support the proposed rule. After the comment period is over, the agency has three choices about what to do with the proposed rule(s). The first choice is simply to adopt the rules. The second choice is to modify the proposed rules and go through the process of public comment again. If the modification is minor, however, the APA (Administrative Procedure Act) allows the agency to adopt a modified version of the rule without going through the public comment period again. The final choice of the proposing agency is to withdraw the rule.
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 first ground on which to challenge an agency rule is that it is arbitrary, capricious, an abuse of discretion, or in violation of some other law. This 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 arbitrary and capricious.
2. A second theory for challenging an agency’s regulation is that the regulation is unsupported by substantial evidence. This substantial evidence test is applied in the review of formal and hybrid rulemaking. Where the arbitrary and capricious standard simply requires some proof or basis for the regulation, substantial evidence requires that more convincing evidence exist in support of the regulation than against it.
3. A third ground on which to challenge an agency’s regulation involves the rule that a regulation can be set aside if the agency did not apply with the APA requirements of notice, publication, and public comment or input. The procedures for rulemaking must be followed in order for the regulatory process and resulting rules to be valid. An agency that seeks public comment for the purposes of drafting legislation cannot then turn the legislation into rules after the comment period.
4. Another basis for challenging a regulation is that the regulation is unconstitutional. Many challenges based on constitutional grounds deal with regulations that give an agency authority to search records or that impose discriminatory requirements for licensed professionals.
5. Another theory for challenging a regulation in court is ultra vires, a Latin term meaning “beyond its powers.” An ultra vires regulation is one that goes beyond the authority given to the agency in its enabling act. Although most agencies stay clearly within their authority, if an agency tries to change the substance and purpose of the enabling through regulation, the regulations would be ultra vires.
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?
I would choose the fifth regulation which will argue that the regulation goes beyond the authority given to agency. The regulations proposes that each railroad or contractor that employs one or more safety-related railroad employee to develop and submit a training program to FRA for approval. So now the agency is asking for direct oversight on the contractors working for the agencies it oversees. Projects durations will be multiplied just to accommodate this process.

Similar Documents

Free Essay

Mgmt 520 Week 2 Assignment

...Hope Snell MGMT 520 Week 2 Homework Assignment Professor Bruskotter 7/17/14 1. State the administrative agency that 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) Agency: US Department of Veteran Affairs Interest: My husband is soon to retire from the military and will be a veteran. He will be using a VA facility and being prescribed medication as well. Effect of regulation: This will affect my family financially once my husband retires because his income will decrease, but his prescription co-pay will increase. He currently has no copay for his prescriptions, but if he had, it would be substantial. 2. Describe the proposal or change. (10 points) This proposal will increase the costs of the copayment that some veterans pay for outpatient prescriptions. Some veterans will be excluded from the proposal, but most will be affected because they don’t meet the exclusion requirements. 3. Write the public comment that you would submit to this...

Words: 1148 - Pages: 5

Free Essay

Week 2 Assignment Mgmt 520

...MGMT 520- Legal, Political, and Ethical Dimensions of Business Keller Graduate School of Management May 15, 2014 I choose “Federal Employees Health Benefits Program Coverage for Certain Intermittent Employees”. The Office of Personnel Management controls this proposed regulation. I am pursuing my MBA with a concentration in accounting, but my second choice would have been HealthCare management so by choosing this regulation I will have a better understanding of the type of regulations currently in place or being proposed. At this time the regulation proposed does not have a direct impact on myself, nor the business I am in. I have attached a copy of the proposed regulation at then end of this assignment. The Office of Personnel Management is proposing to temporary adjust the Federal Employee Health Benefits Program regulations to make sure employees who work sporadic schedules are eligible to be enrolled in a health benefits under the Federal Employees Health Benefits Program (FEHBP). The Office of Personnel Management intentions on proposing this regulation is to allow agencies such as the Federal Emergency Management Agency also known as FEMA to apply to OPM for “authorization to offer FEHBP coverage to intermittent employees engaged in emergency response functions.” The Office of Personnel Management is proposing to provide health coverage to those who work as temps/part time in emergency response functions. This proposal should...

Words: 2361 - Pages: 10

Premium Essay

Mgmt 520 Weekly Assignments

...MGMT 520 Weekly Assignments Click Link Below To Buy: http://hwcampus.com/shop/mgmt-520/mgmt-520-weekly-assignments/ Or Visit www.hwcampus.com MGMT 520 Week 2 Assignment Administrative Regulations 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 that 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) 2. Describe the proposal/change. (10 points) 3. Write the public comment that you would submit to this proposal. If the proposed regulation deadline...

Words: 1632 - Pages: 7

Premium Essay

Mgmt 520 Weekly Assignments

...MGMT 520 Weekly Assignments Click Link Below To Buy: http://hwcampus.com/shop/mgmt-520/mgmt-520-weekly-assignments/ Or Visit www.hwcampus.com MGMT 520 Week 2 Assignment Administrative Regulations 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 that 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) 2. Describe the proposal/change. (10 points) 3. Write the public comment that you would submit to this proposal. If the proposed regulation deadline...

Words: 1632 - Pages: 7

Premium Essay

Mgmt 520 Weekly Assignments

...MGMT 520 Weekly Assignments Click Link Below To Buy: http://hwcampus.com/shop/mgmt-520/mgmt-520-weekly-assignments/ Or Visit www.hwcampus.com MGMT 520 Week 2 Assignment Administrative Regulations 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 that 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) 2. Describe the proposal/change. (10 points) 3. Write the public comment that you would submit to this proposal. If the proposed regulation deadline...

Words: 1632 - Pages: 7

Premium Essay

Mgmt 520 Entire Course Legal Political Ethical Dimension of Business Keller

...MGMT 520 Entire Course Legal Political Ethical Dimension of Business Keller Click Link Below To Buy: http://hwcampus.com/shop/mgmt-520/mgmt-520-entire-course-legal-political-ethical-dimension-of-business-keller/ Or Visit www.hwcampus.com MGMT 520 Entire Course Legal Political Ethical Dimension of Business Keller MGMT 520 Discussions ALL 7 Weeks Posted by All Students 483 Pages Keller MGMT 520 National and International Ethics-Patent Week 1 Discussions 1 All Students Posts 41 Pages Keller Class in this thread we will seek to address essentially corporate citizenship. In other words, when the necessity from help arrives and your organization is the only organization that has what can deliver the society in which you operate in from peril, what do you do? In your discussion of the Bayer problem you will find yourself balancing and wondering, how do you overcome some of the barriers of doing the right thing from the corporate perspective? In the fall of 2001, anthrax was used as a weapon of terror in the United States, when it was sent to numerous media and political organizations and individuals, including Tom Brokaw of NBC News, Dan Rather of CBS News, and U.S. senators…. MGMT 520 Disbarment of Lawyers Week 1 Discussions 2 All Students Posts 35 Pages Keller Class I want to introduce to some “Wolves of Wall Street” who handled business in a Bernie Madoff type fashion, the Ponzi scheme way. Allow me to introduce you to former attorney, Marc Dreier. ...

Words: 20265 - Pages: 82

Premium Essay

Mgmt 520 Entire Course Legal Political Ethical Dimension of Business Keller

...MGMT 520 Entire Course Legal Political Ethical Dimension of Business Keller Click Link Below To Buy: http://hwcampus.com/shop/mgmt-520/mgmt-520-entire-course-legal-political-ethical-dimension-of-business-keller/ Or Visit www.hwcampus.com MGMT 520 Entire Course Legal Political Ethical Dimension of Business Keller MGMT 520 Discussions ALL 7 Weeks Posted by All Students 483 Pages Keller MGMT 520 National and International Ethics-Patent Week 1 Discussions 1 All Students Posts 41 Pages Keller Class in this thread we will seek to address essentially corporate citizenship. In other words, when the necessity from help arrives and your organization is the only organization that has what can deliver the society in which you operate in from peril, what do you do? In your discussion of the Bayer problem you will find yourself balancing and wondering, how do you overcome some of the barriers of doing the right thing from the corporate perspective? In the fall of 2001, anthrax was used as a weapon of terror in the United States, when it was sent to numerous media and political organizations and individuals, including Tom Brokaw of NBC News, Dan Rather of CBS News, and U.S. senators…. MGMT 520 Disbarment of Lawyers Week 1 Discussions 2 All Students Posts 35 Pages Keller Class I want to introduce to some “Wolves of Wall Street” who handled business in a Bernie Madoff type fashion, the Ponzi scheme way. Allow me to introduce you to former attorney, Marc Dreier. ...

Words: 20265 - Pages: 82

Premium Essay

Mgmt-520-18319 Assignment 1

...MGMT-520-18319 Assignment 1 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) Department of Education- These regulations interest me because I work in the field of special education and I also have a child who receives special education services at school. These regulations will impact how I work with the parents of the children I teach. It will also have an impact on my family because we will not be allowed to non-attorney advocate present at my daughter’s IEP meetings. 2. Describe the proposal/change. (10 points) The Department of Education proposes to allow parents to stop their children from receiving special education and related services by allow them to reverse their consonant. The Department of Education also proposes to ban parents from bring in child advocate who are not attorneys. 3. Write the public comment that you would submit to this proposal. If the proposed...

Words: 891 - Pages: 4

Free Essay

Mgmt 520 Week 3 Homework

...Andrea Grigsby MGMT 520 Week 3 Homework You will be able to upload both attachments in the same Dropbox. The Dropbox allows you to attach multiple documents in the same submission. Failure to submit your shepardized case will result in a loss of 10 points. You will not be able to submit it after your assignment has been graded. Your assignment is due by Sunday, end of Week 3, 11:59 p.m. (MT). (Note: You will not submit anything to the Homework CASE Dropbox. Questions 1-6: Week 3 Homework answers (there are 6 questions total). While viewing the Nadel v. Burger King & Emil case answer the following questions: 1. What court decided the case in the assignment? (2 points) Answer: Court of Appeals Ohio, First District, Hamilton County 2. What must a party establish to prevail on a motion for summary judgment? (3 points) Answer: In order to prevail on a motion for summary judgment, a movant has the burden to demonstrate that no genuine issue of material fact remains to be litigated; that is entitled to judgment as a matter of law, and that it appears from the evidence, when viewed most strongly in favor of the nonmoving party, that reasonable minds can come to but tone conclusion and that conclusion is adverse to the non-moving party. The movant in this case would be the Nadel family. Nadel v. Burger King Corp., 1997 WL 266762 (Ct. App, 1st Dist., Ohio) 3. Briefly – state the facts of this case, using the information found in the case in LexisNexis. (5...

Words: 1284 - Pages: 6

Premium Essay

Management 520 Paper

...Mgmt 520-Legal, Political, and Ethical Dimensions of Business Week 2 Assignment 1. State the administrative agency that controls the regulation. Briefly explain why this agency and your proposed regulation change interests you. Will this proposed regulation affect you or the business in which you are working? If so, how? (10 points) I’m working with a law firm on repairing my credit. Within the next year I would like to purchase a house and a new car. This past year I purchased a car and multiple dealerships said they could help me and that they had special programs that I would qualify for, but it was all lies. Having the finance departments run my credit affected me but making my score go down. Currently I am in the process of improving my credit to purchase a home. They were completely misleading. If proposal is adopted, more information about the terms and condition of a loan will be required prior to a contractual agreement. 2. Describe the proposal or change. (10 points) The Bureau of Consumer Financial Protection (Bureau) is proposing to amend Regulation Z, which implements the Truth in Lending Act (TILA). That final rule implements sections 1411, 1412, and 1414 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), which creates new TILA section 129C. Among other things, the Dodd-Frank Act requires creditors to make a reasonable, good faith determination of a consumer’s ability to repay any consumer credit transaction secured...

Words: 889 - Pages: 4

Free Essay

Term Paper

...Week 2 Homework MGMT 520 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? DEPARTMENT OF HEALTH AND HUMAN SERVICES (Food and Drug Administration) The reason I chose this agency and this particular regulation is because of my concern with the number of food borne illnesses. I’m a single mom of two and I want to make sure that my family isn’t exposed to food borne illnesses. Also, being in the Military and deploying it’s crucial that the FDA step in to make sure that food that’s supplied for us to eat while deployed is within standards. On one of my deployment we were hit with a case of salmonella poisoning that shut down a good portion of the base because of sickness from consumption. We were later told that the contaminated items were on our salad bar. When in a deployed location in a foreign country the last thing you need is for your troops to be anything but ready for combat, so situations like these have to be maintained. 2) Describe the proposal/change The first rule proposed would require makers of food to be sold in the United States, whether produced at a foreign- or domestic-based facility, to develop a formal plan for preventing their food products from causing foodborne illness. The rule would also require them to have plans for correcting any problems that arise. The FDA is...

Words: 996 - Pages: 4

Premium Essay

Administrative Agency

...Administrative Agency Week 2 Assignment MGMT 520 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? The regulation I have decided to follow is governed by the U.S. Fish and Wildlife Service. As an avid animal lover, I am very interested in the regulations proposed by the U.S. Fish and Wildlife Services. This particular proposal surrounding chimpanzees is close to my heart since there are a great number of laboratories performing testing on chimpanzees every day. Chimps often die as a result of the testing being performed. Chimpanzees are becoming more endangered both in the wild and in captivity. While this proposed regulation has no direct effect on my current business, there would be indirect effects relating to the laboratory experiments or lack thereof. If laboratories were unable to use chimpanzees to test medications and make up for example, there could be a decrease in the production of these products. A decrease of production in these products could result in higher costs for the consumer. 2. Describe the proposal/change. (10 points) The U.S. Fish and Wildlife propose that all chimpanzees, both wild and in captivity, be placed on the endangered species list. After a 5 year review of the species, it has been determined that there should be no distinction between wild and...

Words: 1243 - Pages: 5

Free Essay

Nadel Et Al V Burger King Corp

...Carmelita Cain MGMT 520 Week 3 Assignment Nadel et al. v. Burger King Corp. & Emil, Inc. case 1. What court decided the case in the assignment? (2 points) COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY 2. According to the case, what must a party establish to prevail on a motion for summary judgment? (3 points) Emil moved for summary judgment, claiming that no genuine issue of material fact existed. BK also moved for summary judgment and pointed to evidence in the depositions that appellants knew the coffee was hot and that coffee was purchased and served as a hot beverage. It also contended under the circumstances that Evelyn's and Paul's actions were intervening, superseding causes precluding any actionable negligence on its part. 3. Briefly state the facts of this case, using the information found in the case in LexisNexis. (5 points) Christopher Nadel received second degree burns from coffee spilling on his right foot purchased at Burger King by his grandmother Evelyn Nadel. The Nadel’s brought suit against Burger King and franchise owner Emil, Inc, for product liability for a defectively designed product and for failure to warn of the dangers of handling a liquid served as hot as their coffee. The court granted both the Burger King owner and Burger King Corporation request for motion of summary of judgments. The Nadel’s appealed. The court affirmed in part and reversed in part. The summary judgment was wrongly granted on...

Words: 1465 - Pages: 6

Premium Essay

Business Torts

...Week 3: Business Torts Lexus Nexus By Christine Lyu Keller Graduate School MGMT 520 – Legal, Political, Ethical Dimensions of Business Professor Afiya Whitman September 22, 2013 Esposito-Hilder vs. SFX case Go to Jennings Chapter 9, page 315, problem 5. Use LexisNexis in the Keller library and look up the Esposito-Hilder vs. SFX case. Use the citation you find in your book to do the search.  Read the case and answer these questions. Copy and paste this information into a Word document, include your name on that document, and answer the questions. 1. What is the most “jealously” protected kind of speech, according to the court in this case? (3 points) Under the law of defamation and considering the content and general thought process of the entire radio program, the remarks may have been distasteful. However, to the reasonable listener, it would be viewed as an opinion and would not be viewed as an actual fact about the plaintiff. One's physical attractiveness and desirability or lack thereof is, in fact, a matter of subjective opinion, even though under the circumstances it may not give rise to a qualified privilege. For more than a century, it has been widely recognized that "Beauty is in the eyes of the beholder." 2. What court decided the case in the assignment? (2 points) The court decided that plaintiff's complaint states a cognizable cause of action against the defendants for the tort of intentional infliction of emotional distress. Accordingly...

Words: 1930 - Pages: 8

Free Essay

Capstone Project

...ages. By examining the words of great authors, we will get a sense of the timeless nature of business and make the observation that the issues currently facing individuals and business have their origins in writings centuries old and from a wide array of cultural and geographic underpinnings. A brief historical trace will be made to connect us to those businessmen and women who pursued many of the same goals we do today. The course will be divided into three semester sections with six functional areas, each followed by an Exam. A lecture outline is posted to Canvas in the week that section is started. Section 1: A. The Fundamentals of Business - We will read many of the classics of literature and philosophy to discern the authors' beliefs about business fundamentals and, in the process, relate them back to those fundamentals we each have in common with modern business leaders. Exam 1 Section 2: B. Marketing Thought - A few selected readings from Cicero to Galbraith will form the basis of a discussion on the critical importance of marketing to the existence of a business enterprise and we will learn what issues relating to marketing great thinkers have felt are...

Words: 3371 - Pages: 14