EDU-51-09-00023-E Standing Committees of the Board of Regents
1/6/10 N.Y. St. Reg. EDU-51-09-00023-E
NEW YORK STATE REGISTER
VOLUME XXXII, ISSUE 1
January 06, 2010
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
EMERGENCY RULE MAKING
I.D No. EDU-51-09-00023-E
Filing No. 1437
Filing Date. Dec. 22, 2009
Effective Date. Dec. 22, 2009
Standing Committees of the Board of Regents
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 3.2 of Title 8 NYCRR.
Statutory authority:
Education Law, section 207 (not subdivided)
Finding of necessity for emergency rule:
Preservation of general welfare.
Specific reasons underlying the finding of necessity:
The proposed amendment is needed to clarify in the Regents Rules that a Chancellor Emeritus, who is also a current member of the Board of Regents, is an ex officio member of each standing committee of the Board of Regents.
The Board of Regents has determined that this provision is appropriate and necessary to assist the Board of Regents to effectively meet its responsibilities to govern the University of the State of New York, determine the educational policies of the State and oversee the State Education Department.
Because the Board of Regents meets at scheduled intervals, the earliest the proposed amendment could be presented for regular adoption, after publication of a Notice of Proposed Rule Making in the State Register and expiration of the 45-day public comment period prescribed in the State Administrative Procedure Act, is at the March 8-9, 2010 meeting of the Board of Regents. If adopted at the March Regents meeting, the earliest the amendment could become effective is March 31, 2010. However, in addition to the March 8-9, 2010 meeting, Regents meetings are also scheduled for January 11-12, 2010 and February 8-9, 2010.
The proposed amendment is being adopted as an emergency rule upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to clarify the ex officio membership of a Chancellor Emeritus on the standing committees of the Board of Regents, so that the sitting Chancellor Emeritus may immediately assume his privileges and duties with respect thereto, and thereby assist the Board of Regents to efficiently and effectively meet its statutory responsibilities.
It is anticipated that the proposed rule will be presented to the Board of Regents for adoption as a permanent rule at their March 8-9, 2010 meeting, which is the first scheduled meeting after expiration of the 45-day public comment period mandated by the State Administrative Procedure Act.
Subject:
Standing Committees of the Board of Regents.
Purpose:
To provide for the ex-officio membership of a Chancellor Emeritus on Regents standing committees.
Text of emergency rule:
Subdivision (b) of section 3.2 of the Rules of the Board of Regents is amended, effective December 22, 2009, as follows:
(b) The chancellor, [and] the vice chancellor, and any chancellor emeritus who is also a current member of the Board of Regents shall be ex officio members of each standing committee.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. EDU-51-09-00023-P, Issue of December 23, 2009. The emergency rule will expire March 21, 2010.
Text of rule and any required statements and analyses may be obtained from:
Chris Moore, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234, (518) 473-8296, email: legal@mail.nysed.gov
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law section 207 gives the Board of Regents broad authority to adopt rules to carry into effect the laws and policies of the State pertaining to education and the functions, powers and duties conferred upon the University of the State of New York and the State Education Department. Inherent in such authority is the authority to adopt rules concerning the internal management and committee structure of the Board of Regents.
2. LEGISLATIVE OBJECTIVES:
Consistent with the above authority, the proposed amendment provides for membership of a Chancellor Emeritus on Standing Committees of the Board of Regents, which will assist the Board in meeting its statutory responsibility to determine the educational policies of the State and to carry out the laws and policies of the State relating to education.
3. NEEDS AND BENEFITS:
The proposed amendment is needed to clarify in the Regents Rules that a Chancellor Emeritus, who is also a current member of the Board of Regents, is an ex officio member of each standing committee of the Board of Regents. The Board of Regents has determined that this provision is appropriate and necessary to assist the Board of Regents to effectively meet its responsibilities to govern the University of the State of New York, determine the educational policies of the State and oversee the State Education Department.
4. COSTS:
(a) Cost to State government: None.
(b) Cost to local government: None.
(c) Costs to private regulated parties: None.
(d) Costs to the regulating agency for implementation and continuing administration of the rule: None.
The proposed amendment relates to the internal organization of the Board of Regents and merely provides for membership of a Chancellor Emeritus on each Standing Committee of the Board of Regents, and will not impose any costs on State and local government, private regulated parties or the State Education Department.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment relates to the internal organization of the Board of Regents and consequently will not impose any program, service, duty or responsibility on local governments.
6. PAPERWORK:
The proposed amendment does not impose any reporting, recordkeeping or other paperwork requirements.
7. DUPLICATION:
The proposed amendment does not duplicate any existing State or federal requirements.
8. ALTERNATIVES:
There are no significant alternatives and none were considered.
9. FEDERAL STANDARDS:
The amendment does not exceed any minimum federal standards for the same or similar subject areas, since it relates solely to the internal organization of the Board of Regents of New York State and there are no federal standards governing such.
10. COMPLIANCE SCHEDULE:
The proposed amendment relates solely to the internal organization of the Board of Regents and will not impose compliance requirements on local governments or private parties.
Regulatory Flexibility Analysis
The proposed amendment relates to the internal organization of the Board of Regents and therefore does not have any adverse economic impact or impose any compliance requirements on small businesses or local governments. Because it is evident from the nature of the proposed amendment that it will have no impact on small businesses or local governments, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis is not required and one has not been prepared.
Rural Area Flexibility Analysis
The proposed amendment relates to the internal organization of the Board of Regents and therefore does not have any adverse economic impact or impose any compliance requirements on entities in rural areas. Because it is evident from the nature of the proposed amendment that it will have no impact on entities in rural areas of the State, no further steps were needed to ascertain that fact and none were taken. Accordingly, a rural area flexibility analysis is not required and one has not been prepared.
Job Impact Statement
The proposed amendment relates to the internal organization of the Board of Regents and will not have a substantial adverse impact on jobs or employment opportunities. Because it is evident from the nature of the proposed amendment that it will have no impact on jobs or employment opportunities, no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
