Administrative law discussion4 | English homework help

This is a monitored discussion.

Pick an agency of your choice and research an agency rule that governs some form of prohibited activity and provide a brief explanation of the rule and how you feel it is applied.

Discussion guidelines:

Your single Original Post shall address the question(s).
Your Original Post to the questions below must be submitted by 11:59pm, Thursday.
Your Original Post to the discussion questions must be at least 250-words using specific examples from the book or other resources to support your answers.
Cite references according to APA requirements.

Assignment: Read Chapters 6 and 7.

Chapter 6: Agency Rule Making.

As you know, agencies implement their own rules and regulations to assist in administering their duties. When they implement rules/regulations, they are acting in their “quasi-judicial” role. As a rule maker, agencies typical divide rule making into two forms: procedural and substantive.

Procedural rule making is limited to rules/regulations that assist the agency is implementing and enforcing their power given to them by Congress. An example would be what rules/regulations are followed when an agency takes action, such as the denial of a license based upon qualifications. An example of a procedural rule would be the steps the agency must follow when denying a license because of qualifications.

Substantive rule making is the equivalent of a criminal statute. The substantive rule would likely address what act or inaction constitutes a violation of agency policy.

Rule making, both procedural and substantive, can be both formal and informal.

Formal rule making is not used as often as informal rule making since formal rule making must satisfy strict requirements of the Administrative Procedures Act (APA), giving notice and an opportunity to be heard prior to the rule becoming effective.

Informal rule making is the type of rule making most agencies are required to comply with unless the APA says otherwise. The greatest difference between formal and informal rule making is that informal rule making does not require a trial-type hearing before the rule is enacted.

However, both formal and informal rule making make it mandatory that the proposed rule/regulation must be published in the Federal Register (See Chapter 12). After publication in the Federal Register, if no objections are received, the rule becomes enacted. All published rules and regulations can be found in the Code of Federal Regulation or the Florida Administrative Code for the State of Florida. Florida’s version of the federal APA can be found in section 120, Florida Statutes (Florida Administrative Procedures Act).

Another type of rule making is called “Exempted Rule Making.” Usually seen in the military and in foreign affairs, no notice is given before the rule/regulation becomes effective.

Hybrid rule making is another form of rule making usually in the form of an executive order from the President.

Chapter 7: Agency Investigations and Information Collection.

Why would an administrative agency be in the business of investigations and information collection?

Many agencies are given the responsibility of protecting the public. Agencies like the FDA (Food and Drug Administration) are given the very important duty of making sure drugs are properly tested prior to being sold to the public. Because impact on the public could be very devastating if certain procedures are not followed, the FDA requires drug companies to keep detailed records about the drugs. Other businesses, such as ones that deal in dangerous equipment or products, are highly regulated as well. Gun manufacturers and toxic chemical manufacturers also have extensive rules for record keeping. Upon request, the administrative agency that regulates the industry can inspect, copy or demand the records without notice. Should the business fail to produce the record or not comply with the administrative agency rules regarding record keeping, the business is subject to fines and possible license revocation.

Administrative agencies also have the power to conduct investigations. Investigations take many forms, one of the most common being industry inspections. Administrative agencies such as the Occupational Safety and Health Administration (OSHA) frequently inspect industry under their control to insure compliance with applicable codes. Although Administrative searches differ from searches conducted by law enforcement agencies, the courts have imposed 4th Amendment Constitutional limitations on Administrative searches. For example, drug testing of employees, which is considered to be more invasive than an inspection of an industry, must comply with stricter standards, and in some cases, is completely barred by 4th Amendment protections due to the test being unreasonable.

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July 1, 2023

Week 4 Fiction Analysis – Rough Draft

By the due date assigned, attach the rough draft of your essay as a Microsoft Word document to the Discussion Area. By the end of the week, comment on at least two of your classmate's submissions using the peer review questions provided below.

IMPORTANT NOTE: Your instructor will assign 3-5 short stories for the class to read and discuss this week. Check the Week 4 Announcement for a list of the assigned stories. You must choose one of these stories to earn credit on the assignment.

The story I chose for the essay is Ernest Hemingway, "A Clean Well-Lighted Place"

Compose an analytical essay of at least 1,200 words in which you offer an interpretation of a literary element in one of the assigned short stories. Write your analysis focusing on one of the following elements in one of the assigned stories:

Character
Theme
Symbolism
Imagery
Setting

Start by selecting one of the short stories assigned by your instructor. Brainstorm to identify the literary element that you would like to explore in the story. Choose from character, theme, symbolism, imagery, or setting. Then, develop a thesis that offers a specific interpretation of this element. If you have trouble coming up with a thesis, contact your instructor, who will help you. Do not do any outside research at this point. When finished, the draft should be at least 1,200 words (approximately four double-spaced pages).

Tips for the Essay:

Open your introduction with an engaging opener, such as a question, quote from the story, or interesting idea. Then, connect to the short story and mention the title and the author. End your introduction with a thesis statement that interprets one literary element of the story (such as theme, symbolism, or characterization).
The body paragraphs should support your thesis. Present specific aspects of the short story that help to illustrate your points. Make sure to quote from the story and analyze specific lines that support your argument.
Include a strong concluding paragraph that summarizes your main points and explains the significance of the thesis.

APA Reminder

Use APA style for formatting the essay and for source citations. Begin with a title page. Include a running header, and use proper font and spacing. End with a separate references page. Refer to the Week 1 lecture on avoiding plagiarism for an APA essay template and additional resources.

DO NOT PLAGIARIZE BECAUSE IT HAVE TO BE SUBMITTED THROUGH TURNITIN!

ALSO, DO NOT ACCEPT BID IF YOU CANY FOLLOW THE DIRECTIONS TO THIS ASSIGNMENT.

Attached below is the grading

It is due February 20, 2018 at 11:59 pm Central Standard Time.

July 1, 2023

Week 4 Fiction Analysis – Rough Draft

The story I chose for the essay is Ernest Hemingway, "A Clean Well-Lighted Place"

Character
Theme
Symbolism
Imagery
Setting

Tips for the Essay:

Open your introduction with an engaging opener, such as a question, quote from the story, or interesting idea. Then, connect to the short story and mention the title and the author. End your introduction with a thesis statement that interprets one literary element of the story (such as theme, symbolism, or characterization).
The body paragraphs should support your thesis. Present specific aspects of the short story that help to illustrate your points. Make sure to quote from the story and analyze specific lines that support your argument.
Include a strong concluding paragraph that summarizes your main points and explains the significance of the thesis.

APA Reminder

DO NOT PLAGIARIZE BECAUSE IT HAVE TO BE SUBMITTED THROUGH TURNITIN!

ALSO, DO NOT ACCEPT BID IF YOU CANY FOLLOW THE DIRECTIONS TO THIS ASSIGNMENT.

Attached below is the grading

It is due February 20, 2018 at 11:59 pm Central Standard Time.

July 1, 2023

Week 4 Fiction Analysis – Rough Draft

The story I chose for the essay is Ernest Hemingway, "A Clean Well-Lighted Place"

Character
Theme
Symbolism
Imagery
Setting

Tips for the Essay:

Open your introduction with an engaging opener, such as a question, quote from the story, or interesting idea. Then, connect to the short story and mention the title and the author. End your introduction with a thesis statement that interprets one literary element of the story (such as theme, symbolism, or characterization).
The body paragraphs should support your thesis. Present specific aspects of the short story that help to illustrate your points. Make sure to quote from the story and analyze specific lines that support your argument.
Include a strong concluding paragraph that summarizes your main points and explains the significance of the thesis.

APA Reminder

DO NOT PLAGIARIZE BECAUSE IT HAVE TO BE SUBMITTED THROUGH TURNITIN!

ALSO, DO NOT ACCEPT BID IF YOU CANY FOLLOW THE DIRECTIONS TO THIS ASSIGNMENT.

Attached below is the grading

It is due February 20, 2018 at 11:59 pm Central Standard Time.

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Administrative law discussion4 | English homework help

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