§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 […]
§29A-3-15. Emergency Legislative Rules; Procedure for Promulgation; Definition
(a) Any agency with authority to propose legislative rules may, without hearing, find that an emergency exists requiring that an emergency rule be promulgated and promulgate the emergency rule in accordance with this section. The agency shall file the emergency rule, together with a statement of the facts and circumstances constituting the emergency and a […]
§29A-3-15a. Disapproval of Emergency Rules and Amendments to Emergency Rules by the Secretary of State; Judicial Review
(a) Upon the filing of an emergency rule or filing of an amendment to an emergency rule by an agency, under the provisions of section fifteen of this article, by any agency, except for the Secretary of State, the Secretary of State shall review such rule or such amendment and, within forty-two days of such […]
§29A-3-15b. Disapproval of Emergency Rules and Amendments to Emergency Rules by the Attorney General; Judicial Review
(a) Upon the filing of an emergency rule or filing of an amendment to an emergency rule by the Secretary of State under the provisions of section fifteen of this article, the Attorney General shall review such rule or such amendment and, within forty-two days of such filing, shall issue a decision as to whether […]
§29A-3-16. Legislative Review of Procedural Rules, Interpretive Legislative Rules
(a) The Legislative Rule-Making Review Committee may, with the assistance of the Legislative Auditor's Office, review any procedural rule, interpretive rule or existing legislative rule to determine if the rule is achieving its purpose, and based on its determination, if the rule should be continued, amended or repealed. (b) Following the review, the Legislative Rule-Making […]
§29A-3-17. Prior Rules
Any rule lawfully promulgated prior to the effective date of this chapter shall remain in full force and effect until: (1) Such rule is expressly made ineffective by the provisions of this chapter, or
§29A-3-18. Severability of Legislative Rules
Unless there is a provision in a legislative rule specifying that the provisions thereof shall not be severable, the provisions of every legislative rule, whether enacted before or subsequent to the effective date of this section, shall be severable so that if any provision of any rule section or amendment thereto is held to be […]