New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 6 - STATE BOARD OF EDUCATION RULEMAKING PROCESS › Subchapter 1 - GENERAL PROVISIONS › Section 6A:6-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
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.