As you may remember from an earlier post, the Community College board proposed a change to its admission policy last September. The proposed language would allow community colleges to adopt policies refusing admission "if it is necessary to protect the health or safety of the applicant or other individuals." The proposed language does not detail how such a determination will be made, nor did it mandate notice and appeal of the decision by the applicant. In response, Disability Rights NC, along with the ACLU of North Carolina, the Arc of North Carolina, the Autism Society of North Carolina, and the National MS Society in NC, filed written comments and commented in person at a public hearing to voice our opposition to the proposed rule amendment.
Unfortunately, the Community College board has proceeded with the rule change. The Community College board did incorporate language directing the Board of trustees to implement an appeals process for applicants denied admission under the new rule. The new language can be seen on the Rules Review Commission website here in the Log of Permanent Rule Filings that will be considered next Thursday, March 17 - look under Community Colleges, Board Of - Admission to Colleges.
When the Rules Review Commission (RRC) takes up the rule at its meeting on March 17th (it is not listed separately on the agenda but is on the Log of Permanent Rule Filings to be considered), it will not consider questions relating to the quality or efficacy of the rule but only determines whether the rule meets all of the following criteria:
(1) It is within the authority delegated to the agency by the General Assembly.
(2) It is clear and unambiguous.
(3) It is reasonably necessary to implement or interpret an enactment of the General Assembly, or of Congress, or a regulation of a federal agency. The Commission shall consider the cumulative effect of all rules adopted by the agency related to the specific purpose for which the rule is proposed.
(4) It was adopted in accordance with Part 2 of this Article (i.e., the agency followed the proper procedures in the Administrative Procedures Act, G.S. 150B-21.2 in this case).
The RRC can either approve or object on these grounds. If they object, it will be sent back to the Board of Community Colleges which has the opportunity to try to adjust the rule to address the RRC’s concerns. Then the rule would go back to RRC.
We have been told that there were already at least 14 objections from the public as of several weeks ago. This means that regardless of whether the RRC approves or objects, the rule is going to be subject to legislative review and the effective date will be postponed. The Administrative Procedure Act says that if the rule is subject to legislative review, the legislature has until the 25th legislative day of the following legislative session to file a bill disapproving the rule which actually means that the General Assembly has until the 25th day of the 2012 session to deal with this. However, the legislature may take it up earlier than that to disapprove the rule if it so chooses. In the meantime, the rule cannot go into effect.
Anyone can provide comments to the RRC or object to the proposed rule. Written or oral comments to the RRC would be most effective if they address the elements listed above. To submit written comments to the RRC, the comments must be submitted to the individual commissioners, the RRC staff (2 copies if in writing and 1 copy if by email), and the agency rulemaking coordinator by 5:00 pm of the Tuesday of the week prior to the RRC meeting - which would be TOMORROW. Contact information for the RRC members can be found here, RRC staff contact information is here and the rulemaking coordinator for the community colleges is Shante Martin, martins@nccommunitycolleges.edu. If you would like to make an oral statement at the RRC meeting, you must notify the RRC staff and the agency rulemaking coordinator in writing by 5:00 pm of the second business day before the RRC meeting - you must identify the rule upon which you are seeking to comment, and include your name, address, telephone number, fax number and email address. If you did not submit a written comment, state whether your oral statement will support or oppose the rule.
Finally, to object to the rule on substantive grounds, you must submit a written objection clearly requesting review by the legislature by 5:00 PM of the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.
Unfortunately, the Community College board has proceeded with the rule change. The Community College board did incorporate language directing the Board of trustees to implement an appeals process for applicants denied admission under the new rule. The new language can be seen on the Rules Review Commission website here in the Log of Permanent Rule Filings that will be considered next Thursday, March 17 - look under Community Colleges, Board Of - Admission to Colleges.
When the Rules Review Commission (RRC) takes up the rule at its meeting on March 17th (it is not listed separately on the agenda but is on the Log of Permanent Rule Filings to be considered), it will not consider questions relating to the quality or efficacy of the rule but only determines whether the rule meets all of the following criteria:
(1) It is within the authority delegated to the agency by the General Assembly.
(2) It is clear and unambiguous.
(3) It is reasonably necessary to implement or interpret an enactment of the General Assembly, or of Congress, or a regulation of a federal agency. The Commission shall consider the cumulative effect of all rules adopted by the agency related to the specific purpose for which the rule is proposed.
(4) It was adopted in accordance with Part 2 of this Article (i.e., the agency followed the proper procedures in the Administrative Procedures Act, G.S. 150B-21.2 in this case).
The RRC can either approve or object on these grounds. If they object, it will be sent back to the Board of Community Colleges which has the opportunity to try to adjust the rule to address the RRC’s concerns. Then the rule would go back to RRC.
We have been told that there were already at least 14 objections from the public as of several weeks ago. This means that regardless of whether the RRC approves or objects, the rule is going to be subject to legislative review and the effective date will be postponed. The Administrative Procedure Act says that if the rule is subject to legislative review, the legislature has until the 25th legislative day of the following legislative session to file a bill disapproving the rule which actually means that the General Assembly has until the 25th day of the 2012 session to deal with this. However, the legislature may take it up earlier than that to disapprove the rule if it so chooses. In the meantime, the rule cannot go into effect.
Anyone can provide comments to the RRC or object to the proposed rule. Written or oral comments to the RRC would be most effective if they address the elements listed above. To submit written comments to the RRC, the comments must be submitted to the individual commissioners, the RRC staff (2 copies if in writing and 1 copy if by email), and the agency rulemaking coordinator by 5:00 pm of the Tuesday of the week prior to the RRC meeting - which would be TOMORROW. Contact information for the RRC members can be found here, RRC staff contact information is here and the rulemaking coordinator for the community colleges is Shante Martin, martins@nccommunitycolleges.edu. If you would like to make an oral statement at the RRC meeting, you must notify the RRC staff and the agency rulemaking coordinator in writing by 5:00 pm of the second business day before the RRC meeting - you must identify the rule upon which you are seeking to comment, and include your name, address, telephone number, fax number and email address. If you did not submit a written comment, state whether your oral statement will support or oppose the rule.
Finally, to object to the rule on substantive grounds, you must submit a written objection clearly requesting review by the legislature by 5:00 PM of the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.
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