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 Background
 Definitions
 Regulation development procedures...
 Adoption
 Filing
 Due process
 Monitoring regulations
 Regulation changes
 Emergency regulations
 Appeal
 Continuing validity of rules and...






Title: Regulation development procedure for State University Boards of Trustees
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Permanent Link: http://ufdc.ufl.edu/UF00089348/00001
 Material Information
Title: Regulation development procedure for State University Boards of Trustees
Physical Description: Book
Language: English
Creator: Florida Board of Governers
Publisher: Florida Board of Governors
Publication Date: 2005
 Subjects
Subject: University of Florida.   ( lcsh )
Spatial Coverage: North America -- United States of America -- Florida
 Record Information
Bibliographic ID: UF00089348
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved, Board of Trustees of the University of Florida

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Table of Contents
    Background
        Page 1
    Definitions
        Page 1
    Regulation development procedures for University Board of Trustees
        Page 2
    Adoption
        Page 3
    Filing
        Page 4
    Due process
        Page 4
    Monitoring regulations
        Page 5
    Regulation changes
        Page 5
        Page 6
    Emergency regulations
        Page 7
    Appeal
        Page 8
    Continuing validity of rules and effective date
        Page 8
        Page 9
Full Text





FLORIDA BOARD OF GOVERNORS

Regulation Development Procedure
for State University Boards of Trustees

A. Background

In November 2002, Florida voters passed an amendment to article IX of the
Florida Constitution establishing a system of governance for state
universities. Under the amendment, "a board of trustees shall administer
each public university and a board of governors shall govern the state
university system." A component of such governance is a procedure suitable
for the state university setting that guides the state university board of
trustees in their adoption of regulations. Because there is a system-wide
benefit to having uniform procedures that are clearly laid out for university
regulations, the Board of Governors establishes this procedure for the
adoption of regulations by the state university boards of trustees.

B. Definitions

1. Regulations. Regulations are statements of general applicability to
guide the conduct or action of constituents or the public, adopted by
the university boards of trustees that implement its powers and duties.
Regulations must be consistent with law and the resolutions, and
strategic plan of the Board of Governors. Regulations do not include
the following:

Internal management memoranda, which are defined as
statements that do not affect the private interests of any person
and which have no application outside the state university
system;

Legal memoranda, opinions and guidelines;

Preparation of the state university system or a university's
budget;

Negotiated contractual provisions, including those reached as a
result of collective bargaining; and

Curriculum and other academic requirements.

2. Select Regulations. Select regulations are regulations that pertain to
student tuition and fees, admissions, and articulation which require









FLORIDA BOARD OF GOVERNORS

Regulation Development Procedure
for State University Boards of Trustees

A. Background

In November 2002, Florida voters passed an amendment to article IX of the
Florida Constitution establishing a system of governance for state
universities. Under the amendment, "a board of trustees shall administer
each public university and a board of governors shall govern the state
university system." A component of such governance is a procedure suitable
for the state university setting that guides the state university board of
trustees in their adoption of regulations. Because there is a system-wide
benefit to having uniform procedures that are clearly laid out for university
regulations, the Board of Governors establishes this procedure for the
adoption of regulations by the state university boards of trustees.

B. Definitions

1. Regulations. Regulations are statements of general applicability to
guide the conduct or action of constituents or the public, adopted by
the university boards of trustees that implement its powers and duties.
Regulations must be consistent with law and the resolutions, and
strategic plan of the Board of Governors. Regulations do not include
the following:

Internal management memoranda, which are defined as
statements that do not affect the private interests of any person
and which have no application outside the state university
system;

Legal memoranda, opinions and guidelines;

Preparation of the state university system or a university's
budget;

Negotiated contractual provisions, including those reached as a
result of collective bargaining; and

Curriculum and other academic requirements.

2. Select Regulations. Select regulations are regulations that pertain to
student tuition and fees, admissions, and articulation which require









approval by the Board of Governors in accordance with Section D
hereof prior to becoming effective.

3. Substantially Affected Person. A substantially affected person shall be
any natural person with an interest within the zone of interest
protected or regulated who suffers a real and sufficiently immediate
injury in fact as a result of the application of a regulation. A
substantially affected person shall also mean any association with a
majority of natural persons as members satisfying the first sentence of
the subsection, as long as the subject matter of the regulation is within
the association's general scope of interest and activity and the relief
requested is of the type appropriate for a trade association to receive
on behalf of its members.

4. Universities and University Board of Trustees. Universities and
university board of trustees include the boards of trustees of each state
university and New College.

C. Regulation Development Procedures for University Board of Trustees

1. Notice

Prior to the adoption, amendment or repeal of any regulation, except
an emergency regulation, the university boards of trustees shall give
notice of its intended action. This notice shall be given at least 30 days
prior to any proposed board of trustees' adoption or repeal of the
regulation. Notice of a proposed regulation, amendment or repeal shall
include publication on a clearly marked area on the university's
internet website of the following:

Summary of the proposed regulation, regulation amendment or
regulation repeal;

The full text of the proposed regulation, regulation amendment
or regulation repeal or instructions on where to view it;

Reference to the authority for the regulation;

The university official initiating the regulation, amendment or
repeal;

The procedure for commenting on the proposed regulation,
amendment or repeal with the name, electronic address,









facsimile number, telephone number and street address of the
regulation contact person where comments can be sent.

2. Comments

a. Any person may submit written comments concerning a
proposed regulation, amendment, or repeal to the contact person
identified in the notice within 14 days after the date of notice on
the internet website.

b. In response, a university board of trustees may solicit additional
written comments, schedule a public hearing, withdraw or
modify the regulation, amendment, or repeal in whole or in part
after notice, or proceed with adopting the regulation.

D. Adoption

1. A university board of trustees is responsible for adopting its
regulations. Regulations, except select regulations, are adopted upon
approval by the university boards of trustees. The boards of trustees
will provide the Board of Governors with regulations adopted by the
board of trustees. The Board of Governors will notify a board of
trustees of the need to revise a regulation that is inconsistent with
established resolutions, regulations, or the strategic plan of the Board
of Governors.

2. Select regulations, amendments or repeals filed by the university
boards of trustees do not become effective until the Board of Governors
has approved them pursuant to this procedure. After the university
board of trustees has voted to adopt a select regulation, amendment or
repeal, and the board of trustees has provided a copy to the Board of
Governors, the select regulation shall become effective upon the Board
of Governors' approval or 60 days after being provided to the Board of
Governors, whichever is sooner, unless within the 60 days the
regulation has been disapproved by the Board of Governors. The Board
of Governors may disapprove a university regulation on the following
grounds:

A university board of trustees materially failed to follow regulation
development procedures set forth herein;

The regulation does not comply with the law or contravenes the
policies of the Board of Governors as specified in resolution,
regulation, or strategic plan;










The regulation vests unbridled discretion in the university board of
trustees; or

The regulation is arbitrary or capricious.

E. Filing

1. Place of Filing, Record and Effective Date.
When adopted, the regulation, amendment or repeal shall be filed with
the state university president or designee and posted on the internet
website. When a regulation, amendment, or repeal is filed,
certification of compliance with this procedure must be included, along
with the record including all notices, written comments, written
summaries of hearings, and responses submitted pursuant to this
procedure. The regulation, amendment or repeal shall become
effective on the date of filing unless the effective date is stated
otherwise.

2. Accessibility to Regulations.
Regulations adopted by a university board of trustees will be easily
accessible through a university's internet website. The website shall
permit the public to do at least the following:

Search notices by type, publication date, or regulation number;

Search a permanent database that archives all notices published
on the website;

Subscribe to an automated e-mail notification of selected notice
types; and

Search by subject matter or key word current regulations.

F. Due Process

In implementing regulations that affect the rights of individuals, a university
board of trustees will honor established due process principles to ensure that
applicable due process rights are afforded to affected individuals.










The regulation vests unbridled discretion in the university board of
trustees; or

The regulation is arbitrary or capricious.

E. Filing

1. Place of Filing, Record and Effective Date.
When adopted, the regulation, amendment or repeal shall be filed with
the state university president or designee and posted on the internet
website. When a regulation, amendment, or repeal is filed,
certification of compliance with this procedure must be included, along
with the record including all notices, written comments, written
summaries of hearings, and responses submitted pursuant to this
procedure. The regulation, amendment or repeal shall become
effective on the date of filing unless the effective date is stated
otherwise.

2. Accessibility to Regulations.
Regulations adopted by a university board of trustees will be easily
accessible through a university's internet website. The website shall
permit the public to do at least the following:

Search notices by type, publication date, or regulation number;

Search a permanent database that archives all notices published
on the website;

Subscribe to an automated e-mail notification of selected notice
types; and

Search by subject matter or key word current regulations.

F. Due Process

In implementing regulations that affect the rights of individuals, a university
board of trustees will honor established due process principles to ensure that
applicable due process rights are afforded to affected individuals.









G. Monitoring Regulations


A university board of trustees will monitor the effects of new regulations and
periodically will review existing regulations to ensure they are current and
consistent.

H. Regulation Challenges

1. Challenging a Board of Trustees Regulation.

A substantially affected person may seek a determination of the
invalidity of an existing regulation any time after the adoption of the
regulation. The petition seeking such determination must state with
particularity the grounds for alleging that the regulation is an invalid
exercise of authority, and a sufficient explanation of the facts showing
that the person challenging a regulation is substantially affected by it.
A regulation is an invalid exercise of authority only if one of the
following applies:

A university board of trustees materially failed to follow
regulation development procedures set forth herein;

The regulation does not comply with the law or contravenes the
policies of the Board of Governors as specified in resolution,
regulation, or strategic plan;

The regulation vests unbridled discretion in the university board
of trustees; or

The regulation is arbitrary or capricious.


a. A petition challenging a state university regulation shall be filed
with a university board of trustees, or its designee as indicated
on its website. If the filed petition is not of sufficient specificity
or does not state sufficient grounds to challenge a regulation, the
petition may be dismissed, with or without leave to amend. If
the petition is of sufficient specificity and states sufficient
grounds to challenge a regulation, within 15 days after receiving
the petition, if there are any disputed issues or material facts,
the university board of trustees shall assign a hearing officer.
The hearing officer shall conduct a hearing within 60 days
thereafter unless the petition is withdrawn or a continuance is
granted by agreement of the parties for good cause shown. If









G. Monitoring Regulations


A university board of trustees will monitor the effects of new regulations and
periodically will review existing regulations to ensure they are current and
consistent.

H. Regulation Challenges

1. Challenging a Board of Trustees Regulation.

A substantially affected person may seek a determination of the
invalidity of an existing regulation any time after the adoption of the
regulation. The petition seeking such determination must state with
particularity the grounds for alleging that the regulation is an invalid
exercise of authority, and a sufficient explanation of the facts showing
that the person challenging a regulation is substantially affected by it.
A regulation is an invalid exercise of authority only if one of the
following applies:

A university board of trustees materially failed to follow
regulation development procedures set forth herein;

The regulation does not comply with the law or contravenes the
policies of the Board of Governors as specified in resolution,
regulation, or strategic plan;

The regulation vests unbridled discretion in the university board
of trustees; or

The regulation is arbitrary or capricious.


a. A petition challenging a state university regulation shall be filed
with a university board of trustees, or its designee as indicated
on its website. If the filed petition is not of sufficient specificity
or does not state sufficient grounds to challenge a regulation, the
petition may be dismissed, with or without leave to amend. If
the petition is of sufficient specificity and states sufficient
grounds to challenge a regulation, within 15 days after receiving
the petition, if there are any disputed issues or material facts,
the university board of trustees shall assign a hearing officer.
The hearing officer shall conduct a hearing within 60 days
thereafter unless the petition is withdrawn or a continuance is
granted by agreement of the parties for good cause shown. If









there are no disputed issues of material fact, the matter shall be
referred to a university board of trustees or to its designee for
resolution.

b. The failure of a state university to follow the regulation
development procedures set forth in this procedure shall be
presumed to be material; however, the state university may
rebut this presumption by showing that the substantial
interests of the petitioner and the fairness of the proceedings
have not been impaired.

c. Hearings shall be de novo in nature and shall be conducted
pursuant to the Model Rules of Procedure, Chapter 28-106,
except if there is any conflict, this procedure controls. The
petitioner must demonstrate by clear and convincing evidence
that a policy is invalid. The petitioner shall be adverse to the
state university. Other substantially affected persons may join
the proceedings as interveners on appropriate terms which shall
not unduly delay the proceedings.

d. Within 30 days after the hearing, the hearing officer shall issue
a recommended order directed to the university board of
trustees, which shall timely issue a final decision whether all or
part of a regulation is invalid. If a regulation is declared invalid
in whole or in part notice of the decision shall be given on its
internet website.

2. Challenges to Unpromulgated University Regulations.

a. A petition challenging a statement of general applicability to
guide the conduct or action of constituents or the public that has
not been promulgated as a regulation shall be filed with the
university board of trustees as indicated on its internet website.
The petition shall include the text of the statement or a
description of the statement and shall state with particularity
facts sufficient to show that the statement constitutes a
regulation as defined in this procedure and that the university
has not adopted the statement by these regulation development
procedures.

b. Within 15 days after receipt of the petition, the university board
of trustees shall assign a hearing officer who shall conduct a
hearing in compliance with paragraph D1(c) within 30 days
thereafter, unless the petition is withdrawn or a continuance is









granted by agreement of the parties for good cause shown. If a
hearing is held and the petitioner proves the allegations of the
petition, the university board of trustees shall have the burden
of proving that regulation development is not feasible.
Regulation development shall be presumed feasible unless:

The university has not had sufficient time to acquire the
knowledge and experience reasonably necessary to
address a statement by regulation development; or

Related matters are not sufficiently resolved to enable the
university to address a statement by regulation
development.

c. Within 30 days after the hearing, the hearing officer shall issue
a recommended order directed to the university board of
trustees, which may determine that all or part of a statement
should have been promulgated as a regulation under this
procedure. The decision shall be published on the university
internet website and all reliance on the statement or any
substantially similar statement as a basis for action shall be
discontinued.

d. If, prior to a recommended order of a hearing officer, the
university board of trustees begins regulation development
under this procedure to address the statement, a presumption is
created that the board of trustees is acting expeditiously and in
good faith to adopt regulations) that address the statement, and
reliance upon the statement or any substantially similar
statement as a basis for action shall be permitted.

e. If the university board of trustees fails to approve regulations
that address the statement within 180 days after publishing
notice of proposed regulationss, for the purposes of the
regulation challenge proceeding, a presumption is created that
the university is not acting expeditiously and in good faith to
adopt regulation, and the case should proceed to a final hearing.

I. Emergency Regulations

1. Adoption.

An emergency regulation may be adopted if there is an immediate
danger to the public health, safety, or welfare under a procedure which









is fair under the circumstances. The action taken must be only that
necessary to protect the public interest in the emergency. At the time
of, or prior to the state university's action, it must publish on its
internet website the specific facts and reasons for concluding that the
procedure is fair under the circumstances. An emergency regulation
shall not be effective for a period longer than 90 days. However, the
state university may take identical action under the regular regulation
development procedure set forth herein.

2. Challenges.

Within 7 days after receiving a petition from a substantially affected
person challenging an emergency regulation, if the petition complies
with the requirements of paragraph H1(a), the university board of
trustees shall assign a hearing officer. The hearing officer shall
conduct a hearing in compliance with paragraph H1(c) within 20 days,
unless the petition is withdrawn. Within 10 days of the hearing, the
hearing officer shall issue a recommended order directed to the
university board of trustees, which shall timely issue a final decision.

J. Appeal

Final decisions of the university boards of trustees may be challenged in a
court of law pursuant to certiorari review under Florida Rule of Appellate
Procedure 9.030(b)(2) only after exhausting the available administrative
remedies under this procedure. Copies of Notices of Appeal shall be provided
to the Board of Governors promptly upon service by the appellant.

K. Designee

Throughout this procedure, when the university board of trustees is
referenced, the university board of trustees may name a designee or
designees for any action, except that the university board of trustees may not
delegate adoption of their regulations under Section F.

L. Continuing Validity of Rules and Effective Date

These procedures are effective on the date approved and will apply to any
regulations finally adopted on or after that date. All university rules
previously adopted under the Administrative Procedures Act at the time this
procedure is approved by the Board of Governors shall be considered as
validly adopted regulations under this procedure. Such rules are subject to
Regulation Challenges as provided in Section H of this procedure. In
addition, such rules may be amended or repealed by using the processes set









is fair under the circumstances. The action taken must be only that
necessary to protect the public interest in the emergency. At the time
of, or prior to the state university's action, it must publish on its
internet website the specific facts and reasons for concluding that the
procedure is fair under the circumstances. An emergency regulation
shall not be effective for a period longer than 90 days. However, the
state university may take identical action under the regular regulation
development procedure set forth herein.

2. Challenges.

Within 7 days after receiving a petition from a substantially affected
person challenging an emergency regulation, if the petition complies
with the requirements of paragraph H1(a), the university board of
trustees shall assign a hearing officer. The hearing officer shall
conduct a hearing in compliance with paragraph H1(c) within 20 days,
unless the petition is withdrawn. Within 10 days of the hearing, the
hearing officer shall issue a recommended order directed to the
university board of trustees, which shall timely issue a final decision.

J. Appeal

Final decisions of the university boards of trustees may be challenged in a
court of law pursuant to certiorari review under Florida Rule of Appellate
Procedure 9.030(b)(2) only after exhausting the available administrative
remedies under this procedure. Copies of Notices of Appeal shall be provided
to the Board of Governors promptly upon service by the appellant.

K. Designee

Throughout this procedure, when the university board of trustees is
referenced, the university board of trustees may name a designee or
designees for any action, except that the university board of trustees may not
delegate adoption of their regulations under Section F.

L. Continuing Validity of Rules and Effective Date

These procedures are effective on the date approved and will apply to any
regulations finally adopted on or after that date. All university rules
previously adopted under the Administrative Procedures Act at the time this
procedure is approved by the Board of Governors shall be considered as
validly adopted regulations under this procedure. Such rules are subject to
Regulation Challenges as provided in Section H of this procedure. In
addition, such rules may be amended or repealed by using the processes set









out in this procedure. All university rules which are subject to a pending rule
challenge under the Administrative Procedures Act, at the time this
procedure is approved by the Board of Governors, shall continue to be subject
to the Administrative Procedures Act until final resolution.


Approved by the Florida Board of Governors this 21st day of July, 2005.




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