N.J. Admin. Code § 1:30-6.3

Current through Register Vol. 56, No. 8, April 15, 2024

Section 1:30-6.3 - Variance between the rule as proposed and as adopted

(a) Where, upon the conclusion of the public comment period for a notice of proposal, an agency determines to make substantial changes to the proposed rule, the agency shall either:

1. Publish a new notice of proposal that incorporates the substantial changes and supersedes, entirely or in part, the previously published notice of proposal; or

2. Utilize the process set forth in (c) below to permit public consideration of and comment on the changes before adoption of the notice of proposal.

(b) As used in this section, "substantial changes" means any changes to a proposed rule that would significantly:

1. Enlarge or curtail who and what will be affected by the proposed rulemaking;

2. Change what is being prescribed, proscribed, or otherwise mandated by the rulemaking; or

3. Enlarge or curtail the scope of the proposed rulemaking and its burden on those affected by it.

(c) Upon making a determination that it would be appropriate to make substantial changes to a proposed rulemaking upon adoption, an agency may submit a public notice setting forth the proposed changes to the Office of Administrative Law for publication in the Register. The public notice shall be submitted to the Office of Administrative Law in accordance with the submission deadlines for notices of proposal established pursuant to N.J.A.C. 1:30-1.14. The public notice shall include:

1. A description of the changes between the rule as originally proposed and the new proposed changes;

2. The specific reasons for proposing the additional changes;

3. A discussion of how the new proposed changes would alter the impact statements and analyses included in the notice of proposal;

4. A report listing all parties submitting comments on the originally proposed rule provisions subject to the proposed additional changes, summarizing the content of the submissions on those provisions and providing the agency's response to the data, views, and arguments contained in the submissions;

5. The manner in which interested persons may present their views on the new proposed changes; and

6. The text of the originally proposed rule subject to the new proposed changes, specifically indicating the proposed additions and/or deletions of the new proposed changes.

(d) An agency submitting a public notice under (c) above shall comply with the requirements for notice, in addition to publication in the Register, set forth in N.J.A.C. 1:30-5.2(a)3 through 6. The publication of the notice on the agency's Internet website pursuant to N.J.A.C. 1:30-5.2(a)5 shall occur no later than the date of publication of the notice in the Register. Such agency shall also provide a comment period of at least 60 days from the date the public notice is published in the Register in which interested parties may present their views on the new proposed changes. Upon the conclusion of the public comment period, the agency may proceed with a notice of adoption in accordance with the provisions of this subchapter. As part of the notice of adoption, the agency shall include an appropriately headed section devoted to the substantial changes contained in the public notice, listing all parties submitting comments concerning the provisions of the proposed rule changes contained in the public notice, summarizing the content of the submissions that are related to the proposed rule changes contained in the public notice, and providing the agency's response to the data, views, and arguments contained in the relevant submissions.

(e) A notice of proposal that includes a public notice pursuant to (c) and (d) above shall expire 18 months after the date of publication of the notice of proposal in the Register.

(f) Where the changes between the rule as proposed and as adopted are not substantial as defined in (b) above, the changes shall not prevent the adopted rule from being accepted for filing. Changes that are not substantial include:

1. Spelling, punctuation, technical, and grammatical corrections;

2. Language or other changes, whose purpose and effect is to clarify the notice of proposal; and

3. Changes that do not significantly enlarge or curtail the scope of the rule and its burden, enlarge or curtail who or what will be affected by the rule, or change what is being prescribed, proscribed, or mandated by the rule.

N.J. Admin. Code § 1:30-6.3

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

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