Meeting of the Board of Regents | November 2010

Summary

Issue for Decision

Should the Board of Regents approve the 2011 Regulatory Agenda?

Reason for Consideration

Required by State statute.

  

           
Proposed Handling

The 2011 Regulatory Agenda will be presented at the November Regents meeting for discussion in the standing committees and for approval at Full Board.

Procedural History

N/A

                 

Background Information

Section 202-d of the State Administrative Procedure Act (SAPA) requires that the State Education Department publish, each year, a regulatory agenda in the first January issue, and in the last June issue, of the State Register.  The 2011 regulatory agenda is a list and brief description of the subject matter of each rule the Department is considering proposing during 2011, but has not yet submitted a Notice of Proposed Rule Making.  SAPA §202-d(2) provides that nothing in the statute precludes the Department from adopting a different rule from the one appearing in the regulatory agenda.  If we do intend to adopt additional rules, the Department must indicate in the Notice of Proposed Rule Making that the rule was not under consideration when the regulatory agenda was submitted for publication.  SAPA §202-d(2) also provides that nothing in the statute requires an agency to adopt a rule appearing in the regulatory agenda.

At the request of the Regents, time has been allotted in each standing committee to provide the opportunity for questions or comments on any of the items on the proposed agenda.

Recommendation

It is recommended that Board of Regents take the following action:

VOTED: That the 2011 Regulatory Agenda for the State Education Department be approved, as submitted.

 
Timetable for Implementation

The 2011 Regulatory Agenda will be published in the State Register on January 5, 2011.