A brief explanation of the rule-making powers effective within the University will serve the useful purpose of indicating the scope of the Bylaws of the Board of Regents, of drawing the line between the legislative powers exercised directly the Board and the sublegislative powers of the various subordinate University authorities.
Rule-making within the University is divided three ways: (1) the Bylaws of the Board of Regents (hereinafter referred to as Bylaws); (2) rules initiated by subordinate University authorities that become effective only upon approval by the Board of Regents; and (3) rules adopted by subordinate University authorities, under delegated legislative powers, that become effective as provided by such subordinate authorities.
The first class , the Bylaws of the Board of Regents, comprise the rules concerning the more important matters of general University organization and policy rather than administrative details and specific technical requirements of the several fields of instruction. Moreover, these Bylaws include rules, regardless of importance, with respect to which it is desirable to afford positive notice to all interested persons. Bylaws are adopted directly by the Board of Regents in the exercise of the Boards’ legislative powers, although they may and often do actually originate in the form of recommendations from some University agency, such as a school or college, the University Senate, or another sublegislative forum.
In the second class of rules are those initiated by subordinate University authorities that become effective only upon approval by the Board of Regents, but that are not of sufficient general importance or interest to warrant inclusion in the Bylaws. This class embraces the more technical and detailed rules, such as those relating to requirements for graduation. Since such rules do not constitute a part of the Bylaws of the Board of Regents, they may be modified without the formalities requisite to the amendment of the Bylaws. For the sake of completeness of the record, such rules are published in the Proceedings of the Board of Regents after having been approved.
In the third class of rules are those concerning numerous matters of even less general importance than those included under the last preceding heading. Grading regulations, committee organizations, and other matters of internal management of the several schools and colleges and other authorities—all subject, of course, to the ultimate authority of the Board—are included in this class. These rules are adopted, amended, or repealed according to the procedures established by the several University authorities themselves. Power to adopt them may be expressly delegated in the Bylaws, implied from other powers conferred upon such authorities, or implied from general usage. Since such rules are not filed with or approved by the Board of Regents, they do not appear on record in the Proceedings of the Board of Regents. They are recorded in the minute books of the authorities adopting them and are filed with the secretary of the university.
This revision embraces only the first of the foregoing class of University legislation, the Bylaws of the Board of Regents. It has been prepared under the immediate supervision of the president of the university with advice and counsel from the Regents.
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