Current through Register Vol. 56, No. 18, September 16, 2024
(a) Any material
submitted to the Department that is not in substantial compliance with these
rules shall not be deemed to be a petition for rulemaking requiring further
Department action pursuant to this subchapter, the New Jersey Administrative
Procedure Act (52:14B-1 et seq.) and
the Office of Administrative Law Rules for Agency Rulemaking (N.J.A.C.
1:30).
(b) The Department shall
take appropriate, timely action upon receipt of a petition for rulemaking in
accord with the New Jersey Administrative Procedure Act (52:14B-1 et seq.) and the Office
of Administrative Law Rules for Agency Rulemaking (N.J.A.C. 1:30). This action
shall include the following:
1. The petition
shall be date stamped and logged;
2. The petition shall be referred to the
relevant Division or handled at the Department level as deemed
appropriate;
3. Within 15 days of
initial receipt, notice of the receipt of the petition shall be filed with the
Office of Administrative Law for publication in the New Jersey Register. The
notice of petition shall include:
i. The name
of the petitioner;
ii. The
substance or nature of the rulemaking action which is requested;
iii. The problem or purpose which is the
subject of the request; and
iv. The
date the petition was received.
4. The Department action on a petition shall
be either to:
i. Deny the petition;
ii. Grant the petition and initiate a
rulemaking proceeding within 90 days of the granting of the petition;
or
iii. Refer the matter for
further deliberations which shall conclude within 90 days of such referral.
Upon conclusion of such further deliberations, the Department shall either deny
the petition or grant the petition and initiate a rulemaking proceeding within
90 days. The Department shall mail the results of these further deliberations
to the petitioner and submit the results to the Office of Administrative Law
for publication in the New Jersey Register.
5. The Department shall mail to the
petitioner, and file with the Office of Administrative Law for publication in
the New Jersey Register, a notice of action on the petition within 60 days of
initial receipt of the petition. The notice of action shall include:
i. The name of the petitioner;
ii. The Register citation for the notice of
petition;
iii. The signature of the
Commissioner, as agency head, signifying that the petition was duly considered
pursuant to law;
iv. The nature or
substance of the Department action upon the petition; and
v. A brief statement of reasons for the
Department action.
