New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 1D - GENERAL PRACTICE AND PROCEDURE
Subchapter 5 - EXTENSION OF COMMENT PERIOD AND PUBLIC HEARINGS ON PROPOSED RULES; NOTICE OF PROPOSAL AND QUARTERLY RULEMAKING CALENDAR
Section 7:1D-5.2 - Public hearing on a proposed rule

Universal Citation: NJ Admin Code 7:1D-5.2

Current through Register Vol. 56, No. 24, December 18, 2024

(a) The Department may conduct a public hearing on a proposed rule whenever the Commissioner determines that conducting a public hearing is appropriate.

(b) The Department shall conduct a public hearing on a proposed rule if required by statute.

(c) The Department shall conduct a public hearing on a proposed rule if, in accordance with N.J.S.A. 52:14B-4(a)(3), within 30 days following publication of the proposed rule in the New Jersey Register:

1. A public hearing is requested by a committee of the Legislature;

2. A public hearing is requested by a governmental agency or subdivision; or

3. Sufficient public interest in a public hearing is demonstrated in accordance with (d) below.

(d) Sufficient public interest is demonstrated when, based on written request(s) for a public hearing or on the comments received within the 30-day period following publication of the proposal in the New Jersey Register:

1. The Department is satisfied that at least one of the criteria in (d)1i through iii below is met;
i. The proposed rule is complex and/or involves significant amendment(s) to a regulatory program;

ii. The request(s) for the Department to conduct a public hearing encompasses a broad range of interests; or

iii. Notice of a public hearing was not included in the notice of proposal or in any subsequent notice during the 30-day period;

2. The Department determines that conducting a public hearing is likely to result in the Department receiving comments relevant to the proposed rule that raise issues or provide new information, data or findings that were not previously raised or provided during the development of the proposed rule or during the initial comment period; and

3. The Department determines that delay in the rulemaking process resulting from conducting a public hearing is not likely to result in an adverse impact(s) to the public health, safety or welfare or the environment.

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