news-record.com

The Community College Board gave its blessing to a policy that would allow, under certain circumstances, illegal immigrants to attend community colleges in North Carolina. (Click here for the AP story.)

Back during the session, lawmakers on either side of the issue filed bills relevant to the policy but neither bit of legislation went anywhere. (Click here and here.)

Despite the lack of action last year, it is very possible that the board’s policy could land back in lawmakers’ lap next year.

That’s because the when the Community College Board adopts a policy like this one, it has to go through the formal rulemaking process. And under that process, if more than 10 people file letters of objections with the Rules Review Commission, the rule in question is appealed back to the General Assembly.

A more complete explanation from a staff attorney at the General Assembly:

The Community College Board is not exempt from the rulemaking requirements of the Administrative Procedure Act (APA) with regard to admission policies. Therefore, any change must be adopted in accordance with the APA using the same process as any other State agency.

My understanding is that the Policy Committee of the State Board has prepared a proposed rule change that will be considered by the State Board today. If the Board approves, they will initiate rulemaking, which means that they will file the proposed Notice of Text with the Office of Administrative Hearings. The Notice will also specify the date and place of a public hearing and the process for submitting comments or objections to the rule, as well as the process for requesting legislative review.

According to the draft rule found on the Community College website, the proposed effective date is April 1, 2010. If the rule is ultimately adopted by the State Board and approved by the Rules Review Commission, and if 10 letters requesting legislative review are not filed with the RRC, then the rule can become effective April 1, 2010. However, if 10 letters are filed with the RRC, the rule cannot become effective until at least the 31st legislative day of the 2010 Session of the General Assembly.