AT the University of Utah we have a directly relevant provision in our policy-on-policy making, which allows for an "Interim Rule" to be put in effect by order of the University President without the normally required processing through our Academic Senate, when there are urgent circumstances--- but then the normal processes of consultation are to be subsequently followed after the urgent situation has been dealt with.
http://regulations.utah.edu/general/1-001.php Part III-4-d. " In extraordinary circumstances calling for urgent action, the President may determine that a Rule shall be put into effect .... without the prior approval by or consultation with the Senate that would otherwise be required..... Any Rule put into effect in such manner shall subsequently be presented to the [Senate] at the next available opportunity," It is a very handy 'tool' in our toolbox of making and revising regulations. Since we developed this "interim" process in 2008, we have used it sparingly, typically about once per year. The requirement that any regulation implemented in this 'urgent' fashion be subsequently reviewed by our Academic Senate acts as a fairly effective limit on the temptation of some administrative officers to overuse the process by treating as urgent those situations which don't really qualify as urgent. Someone will have to appear before the Senate representative and explain why the circumstances justified treating the situation as "urgent" so that the normally required consultation could not be carried out. And that requirement of bringing it through the normal processes "at the next available opportunity" also results in getting good quality contents for the permanent version. An interim rule put in place in rushed circumstances typically is crudely drafted, and when we subsequently review it and move it to permanent status we typically re-draft it with significantly greater quality, based on what we've learned in the meanwhile, and with the luxury of more time to get it done right once the 'emergency' has passed. ## Robert Flores, Professor of Law, SJ Quinney College of Law; Special Assistant for Faculty Policy-- Associate V.P. Academic Affairs, University of Utah. Direct 801-581-5881 robert.flo...@law.utah.edu<mailto:robert.flo...@law.utah.edu> ## From: bounce-112800359-56848...@list.cornell.edu [mailto:bounce-112800359-56848...@list.cornell.edu] On Behalf Of Lloyd, Lynda Sent: Thursday, February 27, 2014 3:26 PM To: acupa-L@cornell.edu Subject: [acupa-l] Emergency Policy Contingency? Hello, I have a request from our Chief Administrative Officer/CFO regarding a: "policy that would allow the president or cabinet to enact an emergency implementation of a policy for fiscal exigency, or other immediate needs" Do any of you have such a policy and if so will you share? Thank you! Lynda Lloyd, M.Ed., P.H.R. Director of Institutional Policy & Professional Development NWACC<http://www.nwacc.edu/> 479-619-4248 office 479-381-8660 wireless This message is intended solely for the recipient to whom it is addressed. If you are not the intended recipient, do not disclose, distribute or copy this email. Please notify the sender immediately and delete this email from your system. ATTN: Please be aware that when you respond to an ACUPA-L e-mail, the reply will be distributed to the ENTIRE e-listing of members. If you do NOT want to send an e-mail to everyone, please reply directly to the individual who initiated the query (their e-mail address appears in the "From" line of their original e-mail). If you wish to remove yourself from the ACUPA e-mail list, please go to this web address and fill out the form. We will remove you from the list within 24 hours during normal business hours. http://www.acupa.org/MembershipForm_Discontinue.html
