N.J. Admin. Code § 1:30-4.2

Current through Register Vol. 56, No. 7, April 1, 2024

Section 1:30-4.2 - Agency response to petition

(a) Within 60 days of receipt of a rulemaking petition, the agency shall either:

1. Deny the petition, in which case the agency shall provide a written statement of its reasons to the petitioner, and include such reasons in its notice of action;

2. Grant the petition and initiate a rulemaking proceeding within 90 days of the granting of the petition; or

3. Refer the matter for further deliberations, the nature of which shall be specified to the petitioner and in the notice of action and which shall conclude within 90 days of such referral. Upon conclusion of such further deliberations, the agency shall either deny the petition or grant the petition and initiate a rulemaking proceeding within 90 days. The agency shall mail the results of these further deliberations to the petitioner and submit the results to the OAL for publication in the Register.

(b) A specific period of more than 90 days for further deliberations under (a)3 above and/or to initiate a rulemaking proceeding under (a)2 or 3 above may be agreed upon, in writing, by the petitioner and the agency. An agreement to extend either period, or both periods, shall constitute an action on the petition subject to the notice requirements of (d) below.

(c) As used in this section, "initiate a rulemaking proceeding" means the submission of a notice of proposal to the Office of Administrative Law for publication in the next available issue of the New Jersey Register.

(d) Within 60 days of receiving the petition, the agency shall mail to the petitioner, and file with the Office of Administrative Law for publication in the Register, a notice of action on the petition which shall include:

1. The name of the petitioner;

2. The Register citation for the notice of petition;

3. The signature of the agency head, signifying that the petition was duly considered pursuant to law;

4. The nature or substance of the agency action upon the petition; and

5. A brief statement of reasons for the agency action.

(e) An agency shall publish on its Internet website each notice of action on a petition for rulemaking, no later than the date of publication of the notice under (d) above.

N.J. Admin. Code § 1:30-4.2

Amended by47 N.J.R. 1311(b), Effective 6/15/2015