§29A-3A-4. Rules of Procedure Required
In addition to other rule-making requirements imposed by law: (a) The board shall adopt procedural rules governing the formal and informal procedures prescribed or authorized by this chapter. Procedural rules shall include rules of practice before the board, together with forms and instructions. (b) To assist interested persons dealing with it, the board, shall so […]
§29A-3A-5. Filing of Proposed Procedural Rules and Interpretive Rules
(a) When the board proposes a procedural rule or an interpretive rule, the agency shall file in the state register a notice of its action, including the text of the rule as proposed. (b) All proposed rules filed under subsection (a) of this section shall have a fiscal note attached itemizing the cost of implementing […]
§29A-3A-6. Notice of Proposed Rule Making
When the board proposes to promulgate a rule other than an emergency rule, it shall file with the Secretary of State, for publication in the state register, a notice of its action, including therein any request for the submission of evidence to be presented on any factual determinations or inquiries required by law to promulgate […]
§29A-3A-7. Filing Findings and Determinations for Rules in State Register; Evidence Deemed Public Record
(a) Incident to fixing a date for public comment on a proposed rule, the board shall promulgate the findings and determinations required as a condition precedent thereto, and state fully and succinctly the reasons therefor and file such findings and determinations in the state register. If the board amends the proposed rule as a result […]
§29A-3A-8. Notice of Hearings
Notices of hearings required by sections six and seven of this article shall be filed in the state register not less than thirty nor more than sixty days before the date of such hearing or the last day specified therein for receiving written material. Any hearing may be continued from time to time and place […]
§29A-3A-9. Adoption of Procedural and Interpretive Rules
A procedural and interpretive rule, shall be considered by the board for adoption not later than six months after the close of public comment and a notice of withdrawal or adoption shall be filed in the state register within that period. Failure to file such notice shall constitute withdrawal and the Secretary of State shall […]
§29A-3A-10. Proposal of Legislative Rules
When the board proposes a legislative rule, other than an emergency rule, it shall be deemed to be applying to the Legislature for permission, to be granted by law, to promulgate such rule as approved by the board for submission to the Legislature or as amended and authorized by the Legislature by law. When proposing […]
§29A-3A-11. Creation of a Legislative Oversight Commission on Education Accountability
(a) There is hereby created a joint commission of the Legislature known as the Legislative Oversight commission on education accountability to review all legislative rules of the board and such other rules as the commission deems appropriate. The commission shall be composed of six members of the Senate appointed by the President of the Senate […]
§29A-3A-11a. Additional Powers and Duties; Subpoena Powers
(a) In addition to the powers and duties conferred upon the commission pursuant to the provisions of this article, the commission shall make a continuing investigation, study and review of the practices, policies and procedures of the board and of any and all matters related to education in the state and shall make annual reports […]
§29A-3A-3. Limitations on Authority to Exercise Rule-Making Power
(a) Except when, and to the extent, that this chapter or any other provision of law now or hereafter made expressly exempts the board, or a particular grant of the rule-making power, from the provisions of this article, every grant of rule-making authority to the board heretofore provided, shall be construed and applied to be […]