Readoption of N.J.A.C. 6A:6, State Board of Education Rulemaking Process First Discussion May 7, 2014 Chapter Overview Subchapter 1 • Scope and definitions Subchapter 2 • Notice of meeting dates and rulemaking activity Subchapter 3 • Rulemaking process Subchapter 4 • Petitions for rulemaking Proposed Amendments/New Rules Administrative Procedures Act (APA) requirements • N.J.A.C. 6A:6-3.1(j) – New rule to require the Department to make available on its website and to distribute through an electronic mailing list all notices of rulemaking activity and public hearings. • N.J.A.C. 6A:6-4.1(d) – Adding email and the Department’s website as options for how to submit a rulemaking petition. • N.J.A.C. 6A:6-4.2(e) – New rule to require the Department to make available on its website all rulemaking petitions received and all notices of action filed with OAL. Align rules with current practice • N.J.A.C. 6A:6-2.1(c) – Replace “shall” with “may” in rule requiring the Department to publish in the NJR quarterly calendars of its anticipated rulemaking activity as the Department utilizes an APA exception to the calendar publication requirement. • N.J.A.C. 6A:6-3.1(h) – Change to 45 days the timeline for President’s determination whether to hold a public hearing on a rulemaking. Current rule says 30 days from notice of proposal’s publication, which conflicts with the 30-day timeline for petitioners to request the hearing. • Appendix – Replace “six weeks” with “four to six weeks” after first discussion for when the State Board hears public testimony on a proposal at second discussion. • Appendix – Change “six weeks” to “four to eight weeks” for the timeline when the State Board hears public testimony on a rulemaking after it has been published in the NJR. Clarity, style and grammar • N.J.A.C. 6A:6-1.2 – New definition for “President” to include the Vice President in the President’s absence will allow deletion of similar, cumbersome language in Subchapter 3. • N.J.A.C. 6A:6-3.1(c)1 – Add “and published in the New Jersey Register” to clarify the oral testimony on a proposal comes after the proposed rulemaking is published in the NJR. • N.J.A.C. 6A:6-3.1(d)4 – Remove “as defined in N.J.A.C. 1:30-1.2” because “stakeholders” is not defined in Title 1; it is defined in N.J.A.C. 6A:6-1.2.