N.J. Admin. Code § 6A:6-1.2

Current through Register Vol. 56, No. 24, December 18, 2024
Section 6A:6-1.2 - Definitions

The following words and terms shall have the following meanings when used in this chapter unless the context clearly indicates otherwise:

"Act" means the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq.

"Discussion level document" means a draft of a summary memo and rule text to be discussed by the State Board prior to the notice of proposal.

"New Jersey Register" means the journal of New Jersey State agency rulemaking published by the Office of Administrative Law pursuant to N.J.S.A. 52:14B-7(b).

"Notice of adoption" means the document described at N.J.A.C. 1:30-6.1that must be submitted to the Office of Administrative Law and then published in the New Jersey Register. When it is presented to the State Board at a public meeting, a notice of adoption includes a summary memo and rule text and a comment/response form that contains the Department's responses to comments received during the comment period.

"Notice of proposal" means the document described at N.J.A.C. 1:30-5.1that must be submitted to the Office of Administrative Law and then published in the New Jersey Register and distributed to the Legislature and interested persons. When it is presented to the State Board at a public meeting, a notice of proposal includes a summary memo and rule text.

"Person" means any individual, association, board, venture, partnership, corporation, organization, institution, and governmental instrumentality recognized by law for any purpose.

"Policy discussion paper" means a paper prepared by Department staff that sets forth the broad policy issues related to a proposed new rule, amendment, or repeal.

"Pre-proposal" means a preliminary proceeding for the purpose of eliciting ideas, views, and comments of interested persons on a contemplated rulemaking proceeding, pursuant to N.J.A.C. 1:30-5.3(b).

"President" means the President of the State Board of Education or, in the President's absence, the Vice President.

"Public hearing" means a legislative-type proceeding that is conducted either as part of a rulemaking or to consider a potential rulemaking and that affords the public an opportunity to present the State Board and/or Department with oral and written comments, arguments, data, and views on the rulemaking or the contemplated rulemaking.

"Public testimony session" means a Department forum at which a panel of State Board members has the opportunity to listen to comments from interested persons regarding new rules, amendments, and/or repeals.

"Rulemaking process" means the systematic process followed by the State Board for the development and promulgation of rules. The process includes activities the State Board deems necessary to develop and promulgate rules, including, but not limited to, activities designed to meet the requirements of the Act and N.J.A.C. 1:30, Rules for Agency Rulemaking.

"Stakeholder" means any individual, group, or association that will be directly impacted by the force and effect of the proposed new rule, amendment, or repeal.

"State Board" means the New Jersey State Board of Education.

"Work session" means a State Board forum, conducted in compliance with the Senator Byron M. Baer Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6et seq., at which the State Board and the Commissioner discuss a policy discussion paper, pre-proposal, or other issues that require an in-depth discussion.

1. The State Board may also take formal action at a work session to vote on an item of action requiring notice to the public pursuant to the OPMA.

N.J. Admin. Code § 6A:6-1.2

Amended by 47 N.J.R. 101(c), effective 1/5/2015
Amended by 53 N.J.R. 1675(a), effective 10/4/2021