N.J. Admin. Code § 1:30-5.4

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

Section 1:30-5.4 - Opportunity to be heard

(a) The agency shall accept written or oral comments, arguments, data, and views for at least 30 days following publication in the Register of the notice of pre-proposal or a notice of proposal.

1. If, within 30 days of the publication of a notice of proposal, sufficient public interest is demonstrated in an extension of the time for submission of comments, the agency shall provide an additional 30-day period for the receipt of comments by interested parties. The agency shall not adopt the proposed rule until after the end of that 30-day extension.

i. "Sufficient public interest" for granting an extension of the comment period pursuant to this paragraph shall be determined by the proposing agency based upon definite standards it has adopted as part of its rules of practice required under 52:14B-3(2).

(b) Where an agency permits any other method of public comment on a notice of pre-proposal or a notice of proposal, the agency shall provide timely notice of that opportunity in a manner reasonably calculated to reach the interested public.

(c) When a public hearing on a notice of pre-proposal or a notice of proposal is scheduled for a time after the public comment period, the comment period shall be extended in the public hearing notice until the close of the public hearing proceedings. The hearing officer may recommend to the agency head that the comment period be further extended to foster receipt of comments by persons attending the public hearing.

(d) To provide a full comment period, the agency shall accept all public comments postmarked or, if submitted by e-mail or through an electronic mailing list, bearing an e-mail sent date or list posting date within the designated comment period set forth in the notice of pre-proposal or notice of proposal, or as thereafter extended. If the designated comment period ends on a Sunday or postal holiday, the agency shall accept public comments postmarked through the next postal business day after the last day of the comment period.

(e) The agency shall consider fully all written and oral submissions concerning the notice of pre-proposal or notice of proposal.

N.J. Admin. Code § 1:30-5.4

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

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