New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 1A - ADMINISTRATION, ORGANIZATION, RECORDS MANAGEMENT AND INFORMATION REQUESTS
Subchapter 3 - RULEMAKING
Section 16:1A-3.3 - Public hearings

(a) The Department, in accordance with the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Office of Administrative Law Rules for Agency Rulemaking, N.J.A.C. 1:30-5.5, may conduct a public hearing on a proposed rulemaking at its discretion without the need for a specific request or the demonstration of sufficient public interest.

(b) The Department, in accordance with New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Office of Administrative Law Rules for Agency Rulemaking, N.J.A.C. 1:30-5.5, shall conduct a public hearing on a proposed rulemaking at the request of a Legislative Committee, a State agency, or a county, local, or municipal governmental entity, if the request is made to the Department within 30 days following publication of the proposed rulemaking, or if sufficient public interest is demonstrated.

(c) Sufficient public interest is demonstrated with regard to the conducting of a public hearing when 50 or more individuals have expressed either the need for a public hearing on the rule proposal or disagreement with one or more substantive provisions of the rule proposal.

(d) The Department shall not consider, in the calculation of the number of comments received under (c) above, those comments that relate to specific recommended changes in the rule that the Department has agreed to make or does not have the legal authority to make.