CPD 412 Assignment 3 Admin Law

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School

Old Dominion University *

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412

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Sociology

Date

Feb 20, 2024

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Litzenberg, Jacob CPD 412 Chapter 5 Exercises 1. The Equal Employment Opportunity Commission seeks data about the racial composition of Terrific Textiles’ labor force. Terrific refuses on the grounds that inadvertent disclosure of the numbers might cause certain “elements” to picket its factories. The EEOC takes Terrific to court to get the data. What is the result? I believe that since the ECOC is entitled to this information and there is no way providing such information could truly impact the textiles team shows they are trying to hide something, possibly some form of discrimination. The court should order Terrific Textiles to provide the data. 2. In order to police the profession, the state legislature has just passed a law permitting the State Plumbers’ Association the power to hold hearings to determine whether a particular plumber has violated the plumbing code of ethics, written by the association. Sam, a plumber, objects to the convening of a hearing when he is accused by Roger, a fellow plumber, of acting unethically by soliciting business from Roger’s customers. Sam goes to court, seeking to enjoin the association’s disciplinary committee from holding the hearing. What is the result? How would you argue Sam’s case? The association’s Case? I feel that if state legislation has passed a law allowing the SPA to hold hearings regarding violations then Roger is entitled to a hearing against Sam. A question I would pose is similar to in this course which is creating a personal code of ethics. I would wonder if there is an ethic written saying this type of behavior is unethical. I think in Sam’s position I would argue based on whether Roger has proof or not that this occurred. I think if no proof can be provided then it is null and void. 3. Assume that the new president of the United States was elected overwhelmingly by pledging in his campaign to “do away with bureaucrats who interfere in your lives.” The day he takes the oath of office he determines to carry out his pledge. Discuss which of the following courses he may lawfully follow: (a) Fire all incumbent commissioners of federal agencies in order to install new appointees. (b) Demand that all pending regulations being considered by federal agencies be submitted to the White House for review and redrafting, if necessary. (c) Interview potential nominees for agency positions to determine whether their regulatory philosophy is consistent with his. I feel there is a lot of different factors that play into this. I do think just as with any job the president would be within his rights to host interviews similarly to how businesses host interviews to see what candidate will be the best fit. I do not feel it would be fair or lawful for the president to simply fire everyone. I feel he would need to have genuine cause and concern to fire each individual. That being said some roles serve as the discretion of the president and others serve the discretion of legislation. In the roles that serve for the president I feel it would be fair for the president to place people in those roles that he trusts best. Also certain roles require affirmation from the Senate. However I do think in these cases there should be an attempt to have some kind of bipartisan divide even if that is 75/25 to allow some alternative opinions. 4. Dewey owned a mine in Wisconsin. He refused to allow Department of Labor agents into the mine to conduct warrantless searches to determine whether previously found

Litzenberg, Jacob CPD 412 Chapter 5 Exercises safety violations had been corrected. The Federal Mine Safety and Health Amendments Act of 1977 authorizes four warrantless inspections per year. Is the provision for warrantless inspections by this agency constitutional? Yes- In an effort to regulate and protect those involved in mining it is determined that “Congress has broad authority to regulate commercial enterprises engaged in or affecting interstate commerce, and an inspection program may in some cases be a necessary component of federal regulation.” 5. In determining the licensing requirements for nuclear reactors, the Nuclear Regulatory Commission (NRC) adopted a zero-release assumption: that the permanent storage of certain nuclear waste would have no significant environmental impact and that potential storage leakages should not be a factor discussed in the appropriate environmental impact statement (EIS) required before permitting construction of a nuclear power plant. This assumption is based on the NRC’s belief that technology would be developed to isolate the wastes from the environment, and it was clear from the record that the NRC had “digested a massive material and disclosed all substantial risks” and had considered that the zero-release assumption was uncertain. There was a remote possibility of contamination by water leakage into the storage facility. An environmental NGO sued, asserting that the NRC had violated the regulations governing the EIS by arbitrarily and capriciously ignoring the potential contamination. The court of appeals agreed, and the power plant appealed. Had the NRC acted arbitrarily and capriciously? It seems to me the NRC followed the guidelines of the National Environmental Act I do not feel they acted arbitrarily.

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