Administrative Agency Essay

804 words - 4 pages

1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you.
AGENCY: Animal and Plant Health Inspection Service, USDA.
This regulation interests me because I am concerned about the proliferation of ‘Puppy Mills’ in Florida. These ‘Puppy Mills’ are operated by individuals that are more interested in profits then the needs of the animals they breed or the public. Irresponsible breeders cause an unnecessary increase in the pet population which increases the number of unwanted animals that fill animal shelters and are later euthanized. These breeders also introduce genes into breeds that can increase illness and disease ...view middle of the document...

4. Provide the "deadline" by which the public comment must be made. (If the date has already passed, please provide when the deadline was).
The deadline was July 16, 2012 but was extended to August 15, 2012.

5. a. Once you have submitted your comment, what will you be legally entitled to do later in the promulgation process. b. If the proposal passes, identify and explain the five legal theories you could use in an attempt to have (any) administrative regulation declared invalid and overturned in court. 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?
Once I have submitted my comment I would be permitted to challenge the rule in court. If I do not make a comment I will not be allowed to challenge the change in court. There are five standards that could be used to challenge the rule in court. One standard is that the agency did not follow the APA regulations regarding the requirement of notice, publication, and public comment; if I can prove that the agency did not follow these requirements the rule could be set aside. Another standard is the Constitutional Standard which means that if I can prove the rule is unconstitutional then the rule could...

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