Administrative Rules 101 A Presentation for the 2013 New Board Member Orientation 1/8/2013
What Are The Steps In The Process? 1.Legislative Authorization of Rule-Making Authority 2.Initial Draft of the Rules 3.Stakeholder Input 4.State Board of Education Committee Discussion 5.Common Sense Initiative Review 6.State Board of Education Resolution of Intent to Adopt The Rule
Steps in the Process (continued) 7.Public Hearing (at State Board of Education Meeting) 8.JCARR Review 9.State Board of Education Resolution to Adopt 10. Final File With JCARR
JCARR Review JCARR can recommend invalidation of a rule for any one of five reasons: 1.Lack of statutory authority to promulgate the rule; 2.The rule violates the intent of the legislation; 3.The rule conflicts with an existing rule; or 4.The rule was filed with an incomplete or inaccurate Rule Summary or Fiscal Analysis Form. 5.The agency did not comply with the Common Sense Business initiative.
A Typical Timeline for Rule Adoption Month 1 – Discussion of the Rule in Committee Month 2 – Resolution of Intent to Adopt/Full Board Discussion Month 3 – Rule is filed with JCARR Month 4 – Public Hearing; JCARR hearing Month 5 – Final Adoption by State Board of Education