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Primary
Statutory Responsibilities
POLICY AND PLANNING
- Develop a comprehensive, regularly updated master
plan with
advice and assistance from Presidents’ Council (N.J.S. 18A:3B-14(a))
- Conduct research on higher education issues (N.J.S. 18A:3B-14(a))
- Conduct studies upon request of the Presidents’ Council (N.J.S. 18A:3B-14(a))
- Require reports from institutions as necessary
to perform functions (N.J.S. 18A:3B-14(a))
- Consult with HESAA on
student assistance matters (N.J.S. 18A:3B-14(m))
- Develop form and content of annual
institutional accountability reports (N.J.S. 18A:3B-35)
- Annual review of requests for state support
in relation to institutional mission (N.J.S. 18A:3B-14(g))
ADVOCACY AND INITIATIVES
- Inform the public of needs and accomplishments
of higher education (N.J.S. 18A:3B-14(b))
- Annual coordinated budget
policy statement for Governor and
Legislature (N.J.S. 18A:3B-14(g))
- Make recommendations to Governor and Legislature
on higher education initiatives and incentive programs of statewide
significance (N.J.S. 18A:3B-14(c))
- Lead agency of communication with the federal
government on higher education issues, except student assistance (N.J.S. 18A:3B-14(j))
- Grant writing to obtain funds from the federal
government or other entities for advancement of higher education (N.J.S. 18A:3B-14(i))
- Communication with the State Board and Commissioner
of Education (N.J.S. 18A:3B-14(h))
- Communicate/collaborate with the NJ
Department of Education regarding
implementation of a program to promote increased cooperation
between high schools
and institutions of higher education (N.J.S. 18A:61C-1)
ADMINISTRATION
Provide general supervision of the business and
operations of the Educational Opportunity
Fund (EOF) (N.J.S. 18A:71-31(b))
Oversee and administer:
Apportion and distribute moneys made
available by act of Congress for use in higher education (N.J.S. 18A:59-1)
Establish and implement regulations for:
- Final administrative decisions over institutional
licensure and university status after considering recommendations
of
Presidents’ Council (N.J.S. 18A:3B-14(d))
- Licensure of corporations wishing to furnish
college-level instruction or award degrees and rules for
that purpose (N.J.S. 18A:68-3 et seq.; also N.J.S. 18A:3B-15(a))
- Approval of institutional names that describe
a college or university (N.J.S. 18A:67-2)
- Final administrative decisions over new academic programs
that exceed or change an institution’s
programmatic mission or that are unduly duplicative or
expensive (N.J.S. 18A:3B-14(f))
- Model code of ethics for
institutions (N.J.S. 18A:3B-14(e))
- Capital bond funds as assigned by the Legislature (N.J.S. 18A:3B-14(k),
also N.J.S. 18A:3B-22, N.J.S. 18A:3B-23, N.J.S. 18A:3B-24, and N.J.S. 18A:3B-25, powers
and duties under pre-1994 capital program acts transferred
to the Commission; N.J.S. 18A:72A-70 and N.J.S. 18A:72A-80, rulemaking authority
under post-1994 capital program acts to date)
- Domicile for purposes of in-state tuition (N.J.S.
18A:62-4; also N.J.S. 18A:3B-15(c))
- Criteria for chargeback between counties (N.J.S. 18A:64A-23(b))
- EOF (N.J.S. 18A:71-33(f), EOF board)
- Minority Faculty Advancement Program (N.J.S. 18A:72F-11;
joint responsibility with EOF executive director)
- Minority Undergraduate Fellowship Program (N.J.S. 18A:72M-6;
joint responsibility with EOF executive director)
- Establishment of a county community college (N.J.S. 18A:64A-2
through 11)
- Certain community college personnel policies (N.J.S. 18A:3B-15(f))
RESPONSIBILITIES OF THE COMMISSION ON
HIGHER EDUCATION CHAIRPERSON
Chair or designee serves as an ex officio member of:
- Board of Directors of the Educational Opportunity Fund (N.J.S. 18A:71-32)
- Board
of the Higher Education Student Assistance Authority (N.J.S. 18A:71A-4)
- Educational
Facilities Authority (N.J.S. 18A:72A-4(b))
Serves as an ex officio member of:
OTHER STATUTORY INVOLVEMENT OF THE COMMISSION
ON HIGHER EDUCATION
The Chairman of the Commission on Higher Education
at the request of the Governor shall have authority to visit public
institutions of higher education to examine their manner of conducting
their affairs and to enforce an observance of the laws of the State.
(N.J.S. 18A:3B-34.a.)
The chairman, at the request of the Governor may
administer oaths and examine witnesses under oath in any part of
the State with regard to any matter pertaining to higher education,
and may cause the examination to be reduced to writing. Any person
willfully giving false testimony upon being sworn or affirmed to
tell the truth shall be guilty of a misdemeanor. (N.J.S. 18A:3B-34.b.)
The chairman, at the request
of the Governor may issue subpoenas pursuant to this section compelling
the attendance of witnesses and the production of books and papers
in any part of the State. Any person who shall neglect or refuse
to obey the command of the subpoena or who, after appearing, shall
refuse to be sworn and testify, unless such refusal is on grounds
recognized by law, shall in either event be subject to a penalty
of $1,000.00 for each offense to be recovered in a civil action.
Such penalty when recovered shall be paid into the State Treasury.
(N.J.S. 18A:3B-34.c.)
At the request of the Governor, the Commission chairman
has visitorial powers of supervision and control over Rutgers (i.e.,
powers to visit the university to examine into its manner of conducting
its affairs and to enforce an observance of its laws and regulations
and the laws of the state) (N.J.S. 18A:65-34)
Rutgers University property is subject to visitorial
powers of the Chairman of the Commission at the request of the
Governor (N.J.S. 18A:65-33.1)
General powers of supervision and
control of the Commission chairman at the request of the Governor
over UMDNJ include
the power to visit the university to examine into its manner of
conducting its affairs and to enforce an observance of its laws
and regulations and the laws of the state (N.J.S. 18A:64G-3.6)
Exceptions to the limitation of UMDNJ
baccalaureate programs to the upper division may be made with
Commission approval
except as provided by law (N.J.S. 18A:64G-3.9)
Advisory Graduate Medical Education Council (AGMEC)
is responsible to the Commission (N.J.S. 18A:64H-2); the Commission shall
- Upon advice of the council and concurrence of the health
commissioner, plan for graduate medical education programs,
set standards for participating hospitals, establish standards
for use of state appropriations, determine number/type of programs
relative to state needs (N.J.S. 18A:64H-5)
- Promulgate implementing rules (N.J.S. 18A:64H-8)
Advisory Committee on Alternatively
Accredited Medical School Clinical Clerkships is created within
the Commission (N.J.S. 18A:64H-9); the Commission shall
- Adopt implementing rules (N.J.S. 18A:64H-15)
The Board of Governors of Rutgers
University shall advise, in consultation with Commission and
Presidents’ Council,
to the end that the facilities and services of the university may
be so utilized as to increase the efficiency of the public school
system and provide higher education for the people of the state
(N.J.S. 18A:65-35) Tuition Aid Grant Program
- In the event the amount appropriated is insufficient for
full awards, the Higher Education Student Assistance Authority,
in consultation with the Commission, shall reduce awards equitably
among students (N.J.S. 18A:71B-21)
Garden State Savings Bond Program
- State Treasurer, in consultation with Commission,
provides for additional financial incentives to bond holders
to encourage
in-state enrollment
(N.J.S. 18A:71B-30)
- State Treasurer or issuing agency shall report to Commission
the results of each separate sale of bonds (N.J.S. 18A:71B-32)
- State Treasurer, in consultation with Commission, shall
approve additional financial incentives, possible purchase
limits, and minimum denominations (N.J.S. 18A:71B-33)
- The Commission and the State Treasurer shall
assess the program’s effectiveness and recommend necessary
changes (N.J.S. 18A:71B-34)
With the advice of the State Advisory Committee
on Bilingual Education, recommend state support to institutions
for professional development of professionals serving bilingual
populations (N.J.S. 18A:35-25)
Review of institutional guidelines and procedures
for literacy programs, in conjunction with sponsoring agencies,
to help promote uniformity among the institutions (N.J.S. 18A:62-21)
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