Essay on Five Legal Theories

628 Words Sep 29th, 2010 3 Pages
Revised medical criteria for evaluating mental disoders

1. I pick the Social Security Administration for this assgniment, it is a federal government agency. Am interested in the Revised medical criteria for evaluating mental disoders proposal due to the fact that the Social Security Administration affect the lives of most Americans and proposed changes will impact many citizens. The proposed regulation will not affect me or affect my business, because am into car retailing business and the proposed Social Security regulation does not have direct impact on the retailing business.

2. A proposal to revise the criteria impairment listings used to evaluate mental disorders in adults and children pursuant to Titles II and IVI of the
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The Aministrative Procedure Act does not state how the issuance, amendment, or repeal of a rule should be done but it gives the public an opportunity to participate in the rulemaking process. After the deadline for the comments has expired, the document will then be published in the Federal Register for additional comments which is usually a 30days period. These leaves room for the rules to be challenged in court by some of the people who commented on the rules during the proposal stage. After the comment period, the agency then decides if to simply adopt the new rules, to modify the proposed rules, or to withdraw the rule.

5b. Five legal theories that could be used to argue in an attempt to have the regulation dropped:
1) The first ground used to challenge an agency rule is to say that it is arbitrary, capricious, an abuse of discretion, or it in violation of other laws.
2) The second theory used to challenge an agency's regulation is to say that the regulation is not supported by enough evidence.
3) The third ground on which an agency's rules can be challenged is if the agency did not follow APA requirements of notice, publication, and public comments.
4) Also, another ground on which an agency's rules can be challenged is when the regulation is unconstitutional, that is when it impose discriminatory requirements on licensed professionals.
5) Lastly another theory that can be used is when the court is ultra vires, that is when

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