Gm520 Homework

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?

Florida Department of Corrections

The rule does not affect me but it caught my attention that an inmate subject of a death penalty might possibly carry an ear bud that is most likely wired, thus, supplying the inmate with a wire that could be used to harm others.

2. Describe the proposal/change. (10 points)

The proposal gives a death penalty inmate access to an mp3 player with a wired ear bud that could be lethal in the hands of someone who is subject to death penalty, thus someone who the court deemed dangerous will be a wire in their hand and which they could use to kill others.

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)

Although I understand the humanitarian side of the proposed rule, it is yet undeniable that the death penalty inmate is a dangerous person, as proven in the court of law. Therefore, he/she should not have access to tools that could be used illegally, such as a wire that could be used in various ways.

I hope this rule does not pass and gets overturned.

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 expired on 8/5/2011 (21 days from Print Publish date of proposal which is 7/15/11)

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.)

It simply entitles to get involved in the rulemaking as it gives me an opportunity to object the rule in the court of law and challenge its validity, and thus I might succeed in fine tuning the rule, at least.

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.

The rule can be challenged for being

- Arbitrary, capricious, abusive of discretion, or in violation of some other law

- Without evidence

- does not meet the requirements of notice or publication

- Unconstitutional

- Ultra vires, or beyond