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.
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Readoption of N.J.A.C. 6A:6, State Board of Education Rulemaking