The first part is due 6/5/2020 at midnight!!!!
Primary Task Response: Within the Discussion Board area, write 400–600 words that respond to the following questions with your thoughts, ideas, and comments. This will be the foundation for future discussions by your classmates. Be substantive and clear, and use examples to reinforce your ideas.
Background
As you have already learned, government agencies and departments have a wide range of responsibilities. The Administrative Procedure Act (APA) is a federal statute that governs the way in which federal agencies and departments can propose and establish policy and regulations. The APA also sets up the process that allows federal courts to directly review the decisions agencies and departments make to ensure that these decisions comply with the law, the agency or department’s mission and are in the public interest. An agency or departmental decision can be set aside in most cases if the court finds the decision is “arbitrary, capricious, an abuse of discretion or otherwise not in accordance with the law” (5 U.S. Code § 706).
Action Items
Research the Administrative Procedure Act (APA).
In your post, briefly describe the basic requirements of rulemaking, adjudication, and judicial review.
Think about how your life is regulated by federal and state laws. Select an area of interest (e.g., consumer product safety, food and drug administration, health care, transportation) and draft a rule to address this area. Describe what APA procedures would be followed to get your rule to a final decision.
Responses to Other Students: Respond to at least 2 of your fellow classmates Statement of Defense with at least a 100-word reply about their Primary Task Response regarding items you found to be compelling and enlightening. To help you with your discussion, step into the shoes of a judicial authority, such as a federal judge. Rule on the basis of your understanding of the APA and other relevant material from your readings.
For assistance with your assignment, please use your text, Web resources, and all course materials.
Reference
5 U.S. Code § 706
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