IN THE MATTER OF THE STATE BOARD OF EDUCATION'S
DENIAL OF PETITION TO ADOPT REGULATIONS
IMPLEMENTING THE NEW JERSEY HIGH SCHOOL VOTER
REGISTRATION LAW
A-5681-09T3
We construe N.J.S.A. 18A:36-28, which prescribes that the
Commissioner of Education "shall adopt pursuant to the
'Administrative Procedure Act' . . . rules and regulations
necessary to implement the provisions" of the High School Voter
Registration Law (the "HSVRL"), N.J.S.A. 18A:36-27, to impose a
mandatory, not a directory, obligation upon the Commissioner to
adopt regulations implementing the statute.
We affirm the denial of appellants' petition for rulemaking
because respondents have enacted regulations under N.J.A.C.
6A:30, Appendix A and B, to monitor compliance with the HSVRL by
public school districts. Although appellants contend that those
regulations are insufficient, we do not find respondents' chosen
method to implement the statute with respect to public schools
to be arbitrary or capricious. However, we reverse the denial
of appellants' petition with respect to nonpublic schools
because N.J.S.A. 18A:36-27 explicitly applies to both public and
nonpublic schools, and respondents have not adopted any
regulations to implement the HSVRL as to nonpublic schools. 04-25-11
