Quality Public Education for All New Jersey Students

 

 
     Pre 2012 Announcement Archives
     2012-13 Announcement Archives
     2013-14 Announcement Archives
     2014-15 Announcement Archives
     Old Announcements prior April 2009
     ARCHIVE inc 2007 Announcements
     2009 Archives
     2008 Archives
     2007 Archives
     2006 Archives
     2010-11 Announcements
     2005 through Jan 30 2006 Announcements
9-30-13 GSCS Point of Information - Chief School Administrator Salary Caps Expire in 2016
Chief School Administrator Salary Caps Expire in 2016 - Regulations were amended to extend sunset of Chief School Administrator Cap to November 2016, from the original expiration year of 2014. There has been some confusion about superintendent salary caps, because the New Jersey Register has the expiration date as November 25, 2014. Here's why: When these regulations (Fiscal Accountability) were initially adopted in November 2009, the sunset period was 5 years, so the Register correctly noted that the expiration date was November 25, 2014. However, the chapter expiration dates was extended by two years by statute on April 6, 2011, making the expiration date for CSA's November 25, 2016.

Chief School Administrator Salary Caps Expire in 2016 - Regulations were amended to extend sunset of Chief School Administrator Cap to November 2016, from the original expiration year of 2014.

There has been some confusion about superintendent salary caps, because the New Jersey Register has the expiration date as November 25, 2014.  Here's why: When these regulations (Fiscal Accountability) were initially adopted in November 2009, the sunset period was 5 years, so the Register correctly noted that the expiration date was November 25, 2014.  However, the chapter expiration dates was extended by two years by statute on April 6, 2011, making the expiration date for CSA's November 25, 2016.

 

The Chief School Administrator caps expire in 2016.

From Department of Education (September 2013):

"There has been some confusion about superintendent salary caps, because the New Jersey Register has the expiration date as November 25, 2014.  Here's why.

When these regulations (Fiscal Accountability) were initially adopted in November 2009, the sunset period was 5 years, so the Register correctly noted that the expiration date was November 25, 2014.  However, the chapter expiration dates was extended by two years by statute on April 6, 2013, making the expiration date for CSA's November 25, 2016.



Included below is the law, below, which is the authority for extending the regulations to seven years.

Here is the entire section of law and its history:

TITLE 52.  STATE GOVERNMENT, DEPARTMENTS AND OFFICERS  
SUBTITLE 3.  EXECUTIVE AND ADMINISTRATIVE DEPARTMENTS  
CHAPTER 14B.  ADMINISTRATIVE PROCEDURE AND REGULATORY FLEXIBILITY


N.J. Stat. § 52:14B-5.1  (2013)


§ 52:14B-5.1. Expiration of rules; continuation


  a. (Deleted by amendment, P.L.2011, c.45)

b. Every rule adopted on or after the effective date of P.L.2001, c.5 (C.52:14B-4.1a et al.) shall expire seven years following the effective date of the rule unless a sooner expiration date has been established for the rule. The expiration date shall be included in the adoption notice of the rule in the New Jersey Register and noted in the New Jersey Administrative Code.

c. (1) Notwithstanding any other provision of P.L.1968, c.410 (C.52:14B-1 et seq.), or rule adopted pursuant thereto, to the contrary, in the case of a proposed readoption without changes to the existing rule, or a proposed readoption with technical changes as approved by the Office of Administrative Law, an agency may continue in effect an expiring rule for a seven-year period by filing a public notice with the Office of Administrative Law for publication in the New Jersey Register at least 30 days prior to the expiration date of the rule. The notice pursuant to this paragraph shall include the citation for the rule, a general description of the rule, the specific legal authority under which the rule is authorized, and the new expiration date of the rule. The notice pursuant to this paragraph shall be effective upon filing with the Office of Administrative Law.

Upon the receipt of a public notice pursuant to this paragraph, the Office of Administrative Law shall publish the notice in the New Jersey Register. The new expiration date of the rule shall be noted in the New Jersey Administrative Code.

As used in this paragraph, "technical changes" means changes to: correct spelling, grammar and punctuation; correct codification; update contact information; or correct cross-references.

(2) In the case of a proposed readoption of an expiring rule with substantive changes, an agency may continue the expiring rule for a seven-year period by duly proposing the readoption with substantive changes and readopting the rule prior to its expiration. Upon the filing of a notice of proposed readoption with substantive changes, the expiration date of the rule shall be extended for 180 days, if such notice is filed prior to the expiration of the rule.

As used in this paragraph, "substantive changes" means any changes that are not technical changes as defined in paragraph (1) of this subsection.

d. (1) The Governor may, upon the request of an agency head, and prior to the expiration date of the rule, continue in effect an expiring rule for a period to be specified by the Governor.

(2) The Governor may, upon the request of an agency head within five days after the expiration of a rule, restore the effectiveness of an expired rule as of its expiration date, for a period to be specified by the Governor, in order to effect the readoption of the rule in accordance with subsection c. of this section.

e. This section shall not apply to any rule repealing a rule or any rule prescribed by federal law or whose expiration would violate any other federal or State law, in which case the federal or State law shall be cited in the publication of the rule.


History: L. 2001, c. 5, § 10, eff. July 1, 2001; amended 2011, c. 45, § 1, eff. Apr. 6, 2011.


Amendment Note:

2011 amendment, by Chapter 45, deleted a., which read: "Every rule in effect on the enactment date of P.L.2001, c.5 (C.52:14B-4.1a et al.) shall expire five years following the effective date of this act unless a sooner expiration date has been established for the rule"; in the first sentence of b., substituted "seven years" for "five years"; rewrote c., which formerly read: "An agency may continue in effect an expiring rule for a five year period by duly proposing and readopting the rule prior to its expiration. Upon the filing of a notice of proposed readoption, the expiration date of the rule shall be extended for 180 days, if such notice is filed prior to the expiration of the rule"; and in d., added d.(2) and designated the former provisions as d.(1).

Effective Dates:

Section 12 of L. 2001, c. 5 provides: "This act shall take effect on the first day of the sixth month following enactment but shall not apply to any rule proposed in the New Jersey Register or to any contested case filed prior to the effective date." Chapter 5, L. 2001, was approved on January 16, 2001."