Essay on Week 2 Assignment Mgmt 520

2358 Words Jun 16th, 2014 10 Pages
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
…show more content…
In this particular case I must comment during November 14, 2012 to January 14, 2012, in order to challenge regulation. The public comment period cannot be less then 30 days and it’s open to private citizens, businesspeople, corporations, government officials and industry representatives. If the proposal passes I can use five legal theories in an attempt to overturn or declare the regulation invalid in court. One legal theory I can use is the Arbitrary and Capricious, which is an abuse of discretion or is a violation of some other law. The agency must show evidences to support to the proposed rule. If there’s no evidence to support the proposed rule, this where it can be an abuse of discretion or violation. The second legal theory that can be used to overturn a regulation is by completing a substantial evidence test, which is that a regulation is unsupported by substantial evidence. This theory requires more convincing evidence then proof or basis for the regulation. The third legal theory is that an agency did not obey the APA requirements of notice, publication and public comment/input. A fourth theory is that a regulation is unconstitutional. The regulations that are challenged through constitutional grounds deal with an agency authority to search records or that impose discriminatory requirements for licensing professionals. The final theory to challenge a regulation is ultra vires,

Related Documents