New Jersey Administrative Code
Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY
Chapter 40A - GENERAL PROVISIONS
Subchapter 3 - INFORMATION AND FILINGS
Section 19:40A-3.6 - Petitions for rulemaking

Universal Citation: NJ Admin Code 19:40A-3.6

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Any interested person may file a petition requesting that the Commission adopt, amend, or repeal any rule pursuant to section 69.c of the Act and N.J.S.A. 52:14B-4(f). Such petition shall be in writing, be signed by the petitioner, and include the following information:

1. The name and address of the petitioner;

2. The substance or nature of the requested rulemaking;

3. The reasons for the request;

4. The specific legal rights, duties, obligations, privileges, benefits, or other specific legal relations of the interested person that are affected by the requested rulemaking; and

5. Reference to the statutory authority under which the Commission may take the requested action.

(b) Any document submitted to the Commission, which is not in substantial compliance with this section shall not be deemed to be a petition for rulemaking requiring further action. Such document shall be returned to the petitioner with instructions as to the steps necessary to correct any defects or omissions in accordance with this section.

(c) Within 15 days of receipt of a petition in compliance with this section, the Commission shall file a notice of petition with the Office of Administrative Law for publication in the New Jersey Register in compliance with N.J.A.C. 1:30-4.1.

(d) A petition for rulemaking shall be scheduled for consideration at a regularly scheduled public meeting of the Commission. The petitioner shall be given an opportunity to make a statement in support of the requested rulemaking.

(e) Within 60 days of receipt of a petition, which is in compliance with this section, the Commission shall mail to the petitioner and file with the Office of Administrative Law a notice of action on the petition in compliance with N.J.A.C. 1:30-4.2, which shall include the nature or substance of the Commission's action upon the petition and a brief statement of reasons for the Commission's actions.

(f) In accordance with N.J.A.C. 1:30-4.2, Commission action on a petition for rulemaking may include:

1. Denial of the petition;

2. Filing a notice of proposed rulemaking or a notice of a pre-proposal for a rule with the Office of Administrative Law; or

3. Referral of the matter for further deliberations, the nature of which will be specified and which will conclude within 90 days of such referral. The results of these further deliberations shall be mailed to the petitioner and shall be submitted to the Office of Administrative Law for publication in the New Jersey Register.

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