Every
Citizen of the United States
has the right to petition the Government for change. If you believe your rights
or the rights of others are being infringed upon, you can and should do
something about it. Petitioning the government or involved private industries
may take care of the problem.
But Wait!
When
approaching Government for change, is a Petition the Right
Way to Go?
If you are contemplating petitioning the
Government for change, you need to make sure your introducing a new regulation
or the enforcement of an existing regulation that will in fact solve the
problem. Can the agency you are
targeting acutely satisfy your complaint or does the resolution need some other
type of action like introducing a new law, or filing a suit against those who
caused the problem?
Don’t
go off half cocked - research the problem
Here
are some questions you need to ask yourself and find answer for:
- Who or what does the condition
hurt? Just a few people the whole community or the environment? As an
example: what if you found out that an insurance agent was misleading
seniors into buying unnecessary supplemental Medicate policies? Is it a
case of a dishonesty agent? Is he simply following his companies policy?
Or is this a widespread practice in the industry?
- Perhaps just bringing the problem
to light will automatically lead to a resolve. If not then you should seek government
intervention. If your effort in exposing a dishonest insurance agent by complaining
to the company or calling newspapers for publicity aimed at the companies customers
does not work then maybe a lawsuit aimed at the agent may be enough to
stop the practice. If the Insurance company has a policy of encouraging its
agents to instill fear into senior citizens and if others in the industry condones the practice,
then you should petition government so they may intervene to protect its seniors.
The
answers you seek may be found from a number of places including: newspapers,
government officials, the people involved, and experts in the field, just to
name a few.
Make
no mistake, if the problem influences a large number of people who are not in a
position to protect themselves without some form of governmental intervention,
then the petition process can be a very effective tool. If the problem only affects
a few people, then you’re probably better off dealing with it through a private
action, like a lawsuit against those responsible.
Research
law concerning the problem?
When
researching legal issues some questions that should be addressed are:
- Are there any existing laws
or regulations that relate to the issue and if so, how is the problem
presently being addressed?
- Are there any existing laws
or regulations that require or prohibits the harmful behavior that
concerns you?
- Is there an existing agency
that is responsible for enforcing the law, and, if so, what can the agency
do?
You don’t
need to hire an attorney to help you with your legal research. Most often,
You
can find all the information you need in the local library, where librarians
are used to helping laypeople. You could also learn what the law says and
whether there are relevant regulations by inquiring of a nonprofit organization
that is versed in that field, or perhaps there is a legislative committee
responsible for the area of information you are researching whose staff may
assist you. Find out which agency administers the problem and call their legal
office for specific information about the law in question and any relevant
regulations.
Research
the responsible governing agency
Ok,
so you’ve researched the problem, you know what the law is, now you need to
find out more about the government agency that has jurisdiction over the
problem. The questions you need answers for are:
- Does the agency have the ability
to solve your problem, either by enforcing existing regulations, by
adopting new regulations, or by some other means?
- Has the agency had to handle
similar problems in the past and if so, how did they handle them? Is the
agency already working on the current problem? Is the agencies involvement
making the situation better, or worse?
- Does the agency protect
the publics interest or does it support and protect the industry it should
be regulating?
- Who is responsible for
making agency decisions? Who is responsible for the particular area you
are pursuing? Are final decisions made by a single person, or a committee?
Will the person in charge be sympatric with a request for change in rulemaking?
Find out which elected official holds the agency accountable.
If
you need more research you might try approaching the agency’s officials
themselves and anyone who may have had experience dealing with the agency.
Research
the solution
Match
the actions you want to take to the results you seek. The answers you are
looking for are:
- Is this the only time this
problem has arisen? If it is, what are current agency sanctions against
the wrongdoers that will solve the problem. Is it appear to be a
widespread or continuing problem? If it is, you may need to seek a change
in the law or new regulations.
- Are there appropriate
enforcement mechanisms already in place? If not, you may need to encourage
the agency to adopt them.
- Is there something the
agency should be doing to better monitor future industry causing the
problem?
- Is there a responsible
agency for providing the services you are looking for?
You
are most likely to get action on a problem if you propose a solution that is
well
thought
out and not too expansive to fit the problem. By taking a little time and being
diligent in your research, most any problem can be resolved.
Happy Trails
Donald Yates, Former
Director of Business and Leadership Development for Imperial Research, is now
retired but continues to assist young people in engaging life through self
discovery, Life course planning, intuitiveness and fulfillment. Learn how you
can build a powerful organization of your own. See How
To,
Run
Your Car On WATER
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