Administrative Law Essay
GM520 - Week 2 Assignment
Administrative Law Assignment
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?
I chose the Department of Public Safety, Division 45: Missouri Gaming Commission, Chapter 5: Conduct of Gaming. One of the many benefits Casinos love to share is that money from their profits will go to a public school fund.
2. Describe the proposal/change.
The Gaming Commission is proposing an amendment to 11 CSR 45-5.051, Minimum Standards for Blackjack. The amendment will allow a floor supervisor …show more content…
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)?
There will be a Public hearing October 6, 2010 in the state capital. I may attend this hearing if I chose to do so.
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) A regulation has violated the U.S. Constitution: The Constitution is the highest law of the land and all laws must fall within its borders. 2) A regulation has exceeded the scope of the Agency’s enabling legislation: Which ever agency has proposed the rule, it should fall under the scope of what it was created for. 3) A regulation does not serve in the public’s interest or need: Undue burden on the group that would be affected by the rule. 4) The regulation is not based on factual findings: A great example of this is when Minnesota tired to enact a statue banning plastic containers on the bases that they cause more waste and take up more space in the land-fields. The Minnesota Supreme Court declared their findings untrue. 5) The agency has complied with all applicable procedural requirements: Plain and simple, the rule or proposed change was filed correctly from beginning to end of the Rule Making Process.
c. Which of