Administrative Rule Review Report  #AR10-019

Legislative Service Office

9-Mar-10

 

AGENCY:                                 Community College Commission

 

DATE SUBMITTED:                   2/22/2010

 

SUBJECT:                                 Chapter 1, Definitions; Chapter 2, Commission Operations; Chapter 3, General Functions; Chapter 4, Coordination Functions; Chapter 5, Administrative Functions; Chapter 6, Approval Functions; Chapter 7, Review and Report Functions; Chapter 8, Implementing Functions; Chapter 9, Information Practices; Chapter 13, Information Practices (Repealed).

 

NATURE OF RULES:                     Legislative, procedural

 

STATUTORY AUTHORITY:         W.S. 21-18-202(f)(v)

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date.

 

SUMMARY OF RULES:  These rules are being adopted in part to comply with the statutory changes implemented in 2009 Session Laws, Chapter 211 and 2008 Session Laws, Chapter 84.  Technical corrections are also made throughout.  The rules in Chapter 1 are amended to add additional definitions including establishing a definition for "levels of instruction" and to change the definitions of "concurrent enrollment" and "dual enrollment".

 

Chapter 2 of the rules is amended with technical corrections and it is also amended to include a reference to the Wyoming Community College Commission policy on consultation.  It is important to note that if the policy affects the rights of people outside of the Commission and is not just an internal policy, it is not "valid or effective against any person or party, nor may it be invoked by the agency for any purpose, until it has been filed with the registrar of rules and made available for public inspection as required by this act."  W.S. 16‑3‑102(b).  If the policy is designed to affect rights of people outside the Commission, the agency may by able to adopt the policy by reference, in compliance with W.S. 16‑3‑103(h).

 

Chapter 3 of the rules is amended remove the provision specifying that the commission will advocate for community colleges from the rules and to require recommendations on the administration computing system from the chief information officers council instead of other committees.  Chapter 4 of the existing rules is amended by adding sections for the development of the strategic plan and for coordinating a response when a college declines to provide a requested program.

 

Chapter 5 is completely revised, the existing funding allocation model is repealed and a new funding allocation model and capital construction funding process are implemented and sections on maintenance and capital construction funding are also added to the chapter.  Chapter 6 revises the approval functions of the Community College Commission and specifies the use of the strategic plan and the use of the policy on consultation.

 

Chapter 7 of the rules is revised to specify that the colleges must supply certain information to the commission and that the commission will conduct an audit of each college.  Chapter 7 is also revised to specify that the Commission will report on the achievement of statewide priorities and on capital construction and major maintenance.  Chapter 8 is amended to clarify the process for proposals for legislative action.  Chapter 13 is renumbered to chapter 9 and is amended to delete a definition.

 

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the agency.

 

 

 

                                                            _______________________

                                                            Joshua Anderson

                                                            Staff Attorney

 

                                                            _______________________

                                                            Lynda G. Cook

                                                            Staff Attorney

JDA/