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 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 results
to the Office of Administrative Law for publication in the New Jersey
Register.
(c) 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:
1. The name of the petitioner;
2. The Register citation for the notice of
petition;
3. The signature of the
Commissioner, as agency head, signifying that the petition was duly considered
pursuant to law;
4. The nature or
substance of the Department action upon the petition; and
5. A brief statement of reasons for the Department
action.
