N.J. Admin. Code § 1:30-2.8

Current through Register Vol. 56, No. 11, June 3, 2024

Section 1:30-2.8 - Appendices

(a) Appendices shall include only material that clarifies, illustrates, or explains a rule. An appendix may include, but is not limited to, the following:

1. Technical requirements or specifications;

2. Instructions;

3. Formulae;

4. Forms;

5. Examples of hypothetical cases;

6. Reprints of regulations, statutes, forms, etc., which originate elsewhere;

7. Lists of offices, their addresses and hours of business; and

8. Analyses or explanatory material regarding a rule, which may contain a rationale or derivation of the rule.

(b) Any material, such as, but not limited to, that in (a)1 through 8 above, which is non-regulatory may be included in an appendix and cross-referenced in the text of a rule.

(c) Any material, such as, but not limited to, that listed in (a)1 through 8 above, which is regulatory may be included in an appendix, as long as the appendix is incorporated by reference in the text of a rule. Any amendment to the appendix shall, therefore, be through rulemaking.

(d) The Office of Administrative Law shall, pursuant to NJ.S.A. 52:14F-5 and 52:14B-7(c) and (f), determine:

1. Whether any regulatory provisions found in an appendix shall be integrated and/or codified into the text of a rule; and

2. The location of an appendix to a rule in the New Jersey Register and the New Jersey Administrative Code; and

3. Whether an appendix should be published in the New Jersey Register and the New Jersey Administrative Code.

(e) This section shall be applied prospectively; however, if existing appendices or rules to which they refer are subsequently amended after August 15, 1988, those appendices and rules shall then be conformed to comply with this section.

N.J. Admin. Code § 1:30-2.8

Amended by 50 N.J.R. 1433(a), effective 6/18/2018