State and explain each stage of the formal rule making process for administrative agencies.

Reflection and Discussion Forum Week 5

Reflect on the assigned readings for the week. Identify what you thought was the most important concept(s), method(s), term(s), and/or any other thing that you felt was worthy of your understanding.

Also, provide a graduate-level response to each of the following questions:

1. The Federal Aviation Administration (FAA) proposes a new rule.  During the comment period, an individual considered to one of the most experienced aviation experts in the country strongly disagrees with the rule and provides a wide variety of support for her position.  Must the FAA not pass the proposes rule based on this comment?  Must the FAA consider the comment when deliberating passing the new rule?
2. State and explain each stage of the formal rule making process for administrative agencies. Provide examples as appropriate.

Week 5 – Short Essays

Question I – If a business does not agree with the decision of a hearing officer, may that business appeal the decision directly to the judicial court system?  What steps must the business take to get the case within the judicial system?

Question II –Peter Plaintiff’s son is killed while working overseas for a United States corporation that deals in proprietary petroleum extraction and production.  Peter Plaintiff brings a wrongful death lawsuit on behalf of his son’s estate against this corporation and requests a wide scope of business documents related to the corporation and its overseas operations under the Freedom of Information Act (FOIA).  What defenses, if any, does the corporation have against revealing the requested information under the FOIA?