N.J. Admin. Code § 1:30-5.6

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

Section 1:30-5.6 - Rulemaking record

(a) The agency shall retain a record of any oral and written comments or other material received in response to a notice of proposal (N.J.A.C. 1:30-5.1) or a public hearing (N.J.A.C. 1:30-5.5) for a period of one year following the date of publication. The rulemaking record shall include the following:

1. The date, the method of issuance, and a copy of any notices concerning the rule activity, including:

i. Any notice mailed or e-mailed pursuant to 1:30-5.2(a)3;

ii. The notice distributed to the news media pursuant to N.J.A.C. 1:30-5.2(a)4; and

iii. The additional publicity pursuant to N.J.A.C. 1:30-5.2(a)6.

iv. Any additional publicity pursuant to 1:30-5.2(a)6.

2. A description of the public comments on the notice of proposal:

i. The names of the persons commenting on the notice of proposal;

ii. The name of any trade, craft, or professional organization or association making written or oral submissions;

iii. A copy or summary of each written submission and a summary of each oral submission of any person made in response to the notice of proposal, and any written answer of the agency;

iv. The certificate of the adopting officer attesting that all submissions were examined and that due consideration was given to their merits prior to adoption of the proposed rulemaking. A copy of the signed Certificate of Proposal, Adoption, and Promulgation (form OAL APF-(year)-(version) (for example, Form OAL APF-17-1)) shall satisfy this requirement;

v. A description of the principal points of controversy revealed during the proceeding; and

vi. A statement of the reasons for accepting and/or rejecting the public comments.

3. A description of any public hearing or other proceeding that was held as a result of the notice of proposal (see N.J.A.C. 1:30-5.5), including:

i. The date, time, and place;

ii. The name and title or position of the presiding person;

iii. The nature of the proceeding; and

iv. The recommendations of the hearing officer, in the case of a public hearing conducted pursuant to 52:14B-4(g).

(b) An agency may, but is not required to, maintain a record of any proceedings conducted pursuant to N.J.A.C. 1:30-5.3. If, however, any preliminary proceedings conducted pursuant to N.J.A.C. 1:30-5.3result in a formal proposed rulemaking, the agency shall discuss in the notice of proposal Summary such preliminary proceedings and the public's participation therein.

(c) If the proposed rulemaking is adopted, the agency shall retain the rulemaking record for a period of not less than three years from the effective date of the adopted rule.

(d) The rulemaking record constitutes an official document of the administrative agency, is evidence of its compliance with the legislative mandate to provide opportunity for public comment, and shall be available for public inspection at the agency.

N.J. Admin. Code § 1:30-5.6

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

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