Current through Register Vol. 56, No. 24, December 18, 2024
(a) Subsequent
to making a determination that a petition is in substantial compliance with
N.J.A.C. 11:5-10.6, the Commission shall
file a notice of petition with the Office of Administrative Law for publication
in the New Jersey Register. The Commission's notice shall include:
1. The name of the petitioner;
2. The substance or nature of the rulemaking
action which is requested;
3. The
problem or purpose which is the subject of the request; and
4. The date that the petition was
received.
(b) Within 60
days of receiving a petition which is in substantial compliance with
N.J.A.C. 11:5-10.6, the Commission shall
consider the petition and decide upon an action to be taken on the petition.
During that time period the petitioner may be requested to attend a public
meeting of the Commission and answer questions concerning the petition. The
Commission 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 which shall include:
1. The name of the petitioner;
2. The New Jersey Register citation for the
notice of petition, if that notice appeared in a previous Register;
3. Certification by the Commission that the
petition was duly considered pursuant to law;
4. The nature or substance of the
Commission's action upon the petition; and
5. A brief statement of reasons for the
Commission's action.
(c)
Commission action on a petition shall either:
1. Deny the petition, and give a written
statement of the Commission's reasons for such denial;
2. Grant the petition and file a notice of
proposed rule or a notice of preproposal with the Office of Administrative Law
within 90 days of granting the petition; or
3. Refer the matter for further
deliberations, the nature of which shall be specified to the petitioner and in
the notice of action and which deliberations shall be concluded within 90 days
of referring the matter for further deliberations. Upon conclusion of such
further deliberations, the Commission shall either deny the petition and
provide a written statement of its reasons for such denial or grant the
petition and initiate a rulemaking proceeding within 90 days or such other time
period as may be provided for in N.J.A.C. 1:30-4. The Commission 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.
