N.J. Admin. Code § 6A:6-3.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 6A:6-3.1 - State Board rulemaking process

(a) The Department may prepare a policy discussion paper and present it to the State Board and to stakeholders for input before documents related to a new rule, amendment, or repeal are presented to the State Board for consideration.

(b) The Department may develop a discussion level document for any new rule, amendment, or repeal and present it to the State Board. The State Board may decide to:

1. Place the discussion level document on the State Board's monthly agenda at one or more public meetings in accordance with the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.;

2. Provide a written comment period of at least 30 days for the discussion level document; and/or

3. Take oral testimony at one or more public testimony sessions scheduled after the State Board reviews the discussion level document at a public meeting and before the notice of proposal is published in the New Jersey Register pursuant to the Act. The State Board also accepts written comment at this time.

(c) Based upon the Commissioner's recommendation, the State Board shall determine at a public meeting to publish a notice of proposal in the New Jersey Register to promulgate new rules, amendments, or repeals pursuant to the Act.

1. The State Board may take oral testimony at one or more public testimony sessions scheduled after the proposal is discussed at a public meeting and published in the New Jersey Register.

2. The State Board may choose to extend the comment period on a notice of proposal.

(d) The State Board, pursuant to N.J.A.C. 1:30-5.2, will provide additional notice of the proposed rulemaking at least 30 days prior to the close of the comment period using the following methods:

1. The Department will distribute either the notice of proposal, as filed, or a statement of substance of the proposed action to persons who have made timely requests of the State Board for notice of its rulemaking activity and to the Department's electronic mailing list;

2. The Department will distribute the notice of proposal, as filed, or a statement of the proposed action to the news media maintaining a press office in the State House Complex;

3. The Department will post the notice of proposal on the Department website at: http://www.state.nj.us/education/;

4. The Department will distribute the notice of proposal to a list of stakeholders; and

5. The Department will undertake an additional method of publicity other than publication in the New Jersey Register, pursuant to N.J.A.C. 1:30-5.2, through distribution of a press release to the news media.

(e) Based upon the Commissioner's recommendation, the State Board shall discuss and vote at a public meeting to publish a notice of adoption in the New Jersey Register to promulgate new rules, amendments, or repeals pursuant to the Act.

(f) The President, in consultation with the Commissioner, may extend for 30 days the comment period on a proposal published in the New Jersey Register. Sufficient public interest for the purposes of extending the comment period, pursuant to N.J.A.C. 1:30-5.4, shall be demonstrated if the President, in consultation with the Commissioner, determines within 30 days of the publication date of the proposal that any of the following criteria has been satisfied:

1. Comments received reveal a previously unrecognized impact on a regulated party;

2. Comments received go beyond the scope of comments previously considered by the State Board during the rulemaking process related to the notice of proposal; or

3. Comments received raise unanticipated issues related to the notice of proposal.

(g) In determining whether sufficient public interest has been demonstrated for purposes of conducting a public hearing, pursuant to N.J.A.C. 1:30-5.5, the President, in consultation with the Commissioner, shall consider the request of an interested person. The request for a public hearing shall be submitted, in writing, within 30 days following the notice of proposal's publication in the New Jersey Register and shall comply with the following requirements:

1. A person interested in a public hearing on a notice of proposal shall submit a request to the State Board Office, New Jersey Department of Education, River View Executive Plaza, Building 100, PO Box 500, Trenton, NJ 08625-0500 or through email to stateboardoffice@doe.nj.gov . The request for a public hearing shall contain the following information:

i. The person's name, address, phone number, and agency of association (if applicable);

ii. The citation and title of the proposed rule and the date the notice of proposal was published in the New Jersey Register; and

iii. The reasons a public hearing regarding the notice of proposal is considered necessary pursuant to (h) below.

(h) Sufficient public interest for the purpose of holding a public hearing, pursuant to N.J.A.C. 1:30-5.5, shall be demonstrated if the President, in consultation with the Commissioner and upon review of the request for a public hearing, determines within 45 days of the notice of proposal's publication date that additional data, findings, and/or analysis regarding the notice of proposal are necessary for the State Board to review prior to adoption to ensure the notice of proposal does not violate the intent of the statutory authority.

(i) A public hearing on a notice of proposal shall be conducted in accordance with N.J.A.C. 1:30-5.5.

1. The Commissioner shall present the hearing officer's recommendations, made pursuant to N. J.A.C. 1:30-5.5(f), at a State Board public meeting, pursuant to the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. The State Board shall act upon the Commissioner's recommendation to accept, reject, or modify the hearing officer's recommendations.

2. The hearing officer's recommendations and the State Board's decision to accept, reject, or modify the recommendation(s) shall be summarized and published in the New Jersey Register, pursuant to N.J.A.C. 1:30-5.5(g).

(j) The Department shall make available on its website at www.state.nj.us/education all notices of rulemaking activity and public hearing, pursuant to N.J.S.A. 52:14B-3, and shall distribute the notices through its electronic mailing list, pursuant to N.J.S.A. 52:14B-4.

N.J. Admin. Code § 6A:6-3.1

Amended by 47 N.J.R. 101(c), effective 1/5/2015

Amended by 53 N.J.R. 1675(a), effective 10/4/2021