Select two out of the three writing prompts listed below. Your responses to your two chosen prompts should be at least 500 words each. No title page is needed, but be sure to indicate which writing prompts you are addressing at the top of each response. Each response needs its own reference page.
Writing Prompts (respond to two only):
Explain the origin of the federal Pollution Prevention Act, including the year it was passed, events leading to its passage, politics leading up to its passage, by how wide of a vote it was passed, and which president signed it. Please use the CSU Online Library, the Internet, the textbook, and/or other resources to respond. Please cite and reference all sources used.
Address one of the five principles described on page 102 of the textbook. In your essay, include the date that the principle was initiated, events that led to the creation of the principle, the purpose of the principle, your thoughts about the usefulness of the principle, and any recent developments that occurred as a result of the principle.
You are required to use at least your textbook as source material for both of your responses. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.
Final Project Guidelines and Rubric and Professional Reflection Essay Guidelines documents.
Please review the capstone rubric at this time to ensure your project hits all aspects of the rubric. Please review the final project rubric at this time. Your capstone will be scored for Proficient/Not Proficient for the following critical elements. I have highlighted those areas that tend to present the biggest challenges to students.
Develop innovative and agile computer-based solutions to business problems through a systems analysis approach and technology integration and application
Design a plan for implementing and monitoring solutions that incorporate core information technologies, concepts, and methods appropriate for secure information use across an enterprise
Collaborate and communicate effectively in a variety of environments through situational awareness and audience analysis
Develop an implementation plan for systematic information risk assessment for change management plans and processes within enterprise business and information technology environments
Using computational logic and critical analysis, construct ethically sound, technology-informed procedures to ensure legal compliance and maintain security within enterprise information technology environments.
If you are still researching ideas for change management plans, these links may be of interest. Remember that change management was a topic of an earlier discussion.
Assume that the Securities and Exchange Commission (SEC) has a rule under which it enforces statutory provisions prohibiting insider trading only when the insiders make monetary profits for themselves. Then the SEC makes a new rule, declaring that it has the statutory authority to bring enforcement actions against individuals even if they did not personally profit from the insider trading. The SEC simply announces the new rule without conducting a rulemaking proceeding. A stockbrokerage firm objects and says that the new rule was unlawfully developed without opportunity for public comment. The brokerage firm challenges the rule in an action that ultimately is reviewed by a federal appellate court. Using the information presented in the chapter, answer the following questions.
1.Is the SEC an executive agency or an independent regulatory agency? Does it matter to the out-come of this dispute? Explain.
2.Suppose that the SEC asserts that it has always had the statutory authority to pursue persons for insider trading regardless of whether they personally profited from the transaction. This is the only argument the SEC makes to justify changing its enforcement rules. Would a court be likely to find that the SEC’s action was arbitrary and capricious under the Administrative Procedure Act (APA)? Why or why not?
3.Would a court be likely to give Chevron deference to the SEC’s interpretation of the law on insider trading? Why or why not?
4.Now assume that a court finds that the new rule is merely “interpretive.” What effect would this determination have on whether the SEC had to follow the APA’s rulemaking procedures?
PART B write a comment/ opinion about this post
The ALJ should have at least three judges. The argument presented is that there should always be at least three administrative law judges in any hearing to ensure the impartiality and fairness of their decisions (Miller, 2019). Administrative law judges are “required to remove their personal opinions from the decision-making process.” To avoid bias in a hearing, there has to be a balance of opinions. However, an administrative law judge can both decide and convict (as part of the jury); it needs all three ALJs present for this validity.
The SEC is a sovereign agency with specific characteristics that set it apart from other agencies. It is an independent regulatory agency headed by five commissioners, each serving a specific term. The SEC’s practices are governed by the Administrative Procedure Act (APA) and other related laws. Under § 3(a)(1) of the APA, every rule or order promulgated by any agency shall be made on the record after the opportunity for an agency hearing [which] shall include a reasonable opportunity for interested persons to submit data, views, or arguments. Courts have ruled that this statute does not apply to actions taken at open committee meetings or certain internal agencies’ internal decisions (Miller, 2019). Accordingly, only informal or “ad hoc” rulemaking conducted in writing is subject to review under the APA.
The APA requires that an administrative agency’s rules be “arbitrary and capricious” if they are not the result of a reasoned decision-making process (Miller, 2019). The agency must engage in notice and comment rulemaking if it wishes to change its rules significantly. In this case, the SEC did not engage in a thorough and careful consideration of whether it had ever had the authority to pursue persons for insider trading regardless of whether they profit from the transaction. On the contrary, it has made clear that it wants to pursue this policy without further consideration because its prior understanding was contrary to its current view.
In light of these events, this court should deference to the SEC’s interpretation despite Chevron’s argument for why it should not be given deference. Courts must give deference to interpretations made by agencies unless they are arbitrary and capricious under a certain level of scrutiny.
First, it would be improper for the SEC to change its interpretation without following the APA’s rulemaking procedures. Second, if the court determined that such a new rule was merely an “interpretative” change with no substantive effect on the SEC’s powers, then for the SEC to make this kind of change, it would have needed to follow APA procedures because it contradicted its old interpretation.
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