Homework week 2
The agency that controls the regulation would be the FDA (Food and Drugs Administration). The reason why this agency and my proposed regulation interest me is because I used to work in a food distribution company. My previous company is a company that also import their inventory from overseas; therefore, the FDA regulation is very important to their business and I happen to know this matter the most. I would like to propose regarding the regulation from the FDA, about “The Secretary of the Treasury shall cause the destruction of any such article refused admission unless such article is exported, under regulations prescribed by the Secretary of the Treasury, within ...view middle of the document...
By letting the products to be returned to the sender, the company who imports the products would not have to pay for the failure products. If its proven that the sender send the same quality of products, the FDA may ban the company to do business with the sender company, until some further inspection will be conducted.
I wish them to have considered this new rule.
4. This will expires on January 27th, 2014.
5. a. From my point of view, I would have to do appeal regarding the regulation. Because the regulation is already there and I am the one who is trying to change the regulation. I think I will have to o submit the petition and go for appeal.
b. 1. The first ground on which to challenge an agency rule is that it is arbitrary, capricious, an abuse of discretion, or in violation of some other law. This standard is generally applied to informal rulemaking and simply requires the agency to show evidence to support the proposed rule. Without such evidence, the rule can be held arbitrary and capricious.
2. A second theory for challenging an agency’s regulation is that the regulation is unsupported by substantial evidence. This substantial evidence test is applied in the review of formal and hybrid rulemaking. Where the arbitrary and capricious standard simply requires some proof or basis for the regulation, substantial evidence requires that more convincing evidence exist in support of the regulation than against it.
3. A third ground on which to challenge an agency’s regulation involves the rule that a regulation can be set aside if the agency did not apply with the APA requirements of notice, publication, and public comment or input. The procedures for rulemaking must be followed in order for the regulatory process and resulting rules to be valid. An agency that seeks public comment for the purposes of drafting legislation cannot then turn the legislation into rules after the comment period.
4. Another basis for challenging a regulation is that the regulation is unconstitutional. Many challenges based on constitutional grounds deal with regulations that give an agency authority to search records or that impose discriminatory requirements for licensed professionals.
5. Another theory for challenging a regulation in court is ultra vires, a Latin term meaning “beyond its powers.” An ultra vires regulation is one that goes beyond the...