N.J. Admin. Code § 1:30-6.4

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

Section 1:30-6.4 - Expiration date for adopted rule

(a) Every adopted or readopted chapter in the New Jersey Administrative Code shall expire seven years after the chapter's original or readoption effective date, unless a sooner expiration date is established in accordance with (g) below; a sooner or later expiration date is required pursuant to the statute authorizing the chapter; or no expiration date is required pursuant to (c) below. All notices of adoption filed with the OAL shall include the expiration date(s) of the rules affected by the notice of adoption.

(b) Expiration dates shall be fixed at the chapter level. An adopted new chapter shall have an expiration date of no more than seven years from the chapter's effective date.

(c) No expiration date need be included where the adopting agency establishes in writing that the rules in a chapter are exempt from the expiration date requirement under (c)1 or 2 below:

1. The provisions of the rules are prescribed by Federal law, so that the agency exercises no discretion as to whether to promulgate the rules and as to what is prescribed by the rules, in which case the Federal law shall be cited in the notice of adoption; or

2. The expiration of the rules would violate any other Federal or State law, in which case the Federal or State law shall be cited in the notice of adoption.

(d) The Governor may, upon the request of an agency head, and prior to the expiration date of the rule, continue in effect an expiring rule for a period to be specified by the Governor.

(e) The Governor may, upon the request of an agency head within five days after the expiration of a rule, restore the effectiveness of an expired rule as of its expiration date, for a period to be specified by the Governor, in order to effect the readoption of the rule in accordance with (g) through (i) below.

(f) An expiration date shall remain effective, irrespective of any subsequent amendments to the rules, short of a complete repeal and repromulgation of the whole chapter.

1. Any notice of adoption of an amendment to a chapter shall include the expiration date that has been established for the chapter.

(g) In order to maintain the effectiveness of a chapter, the chapter must be duly proposed for readoption, adopted, and filed on or before the chapter expiration date, or readopted through the notice of readoption process set forth in (h) below. Upon the filing of a notice of proposed readoption, the expiration date of the subject chapter shall be extended for 180 days, if such notice is filed with the OAL on or before the chapter expiration date. If the chapter expiration date falls on a Saturday, Sunday, or legal holiday, the 180-day expiration date extension shall take effect if the filing of the notice of proposed readoption occurs no later than the next business day after the expiration date. The readopted rules are effective upon filing with the OAL.

1. The new expiration date resulting from the completion of the readoption process shall be calculated from the date of filing of the readoption notice of adoption.

2. Any amendments or changes to readopted rules are effective upon publication of either:

i. The notice of adoption of a proposed readoption; or

ii. A notice of readoption in accordance with (h) below.

(h) In the case of a readoption without changes to the existing chapter, or a readoption with technical changes as approved by the OAL, an agency may continue in effect an expiring chapter for a seven-year period by filing a public notice (hereinafter, "a notice of readoption") with the OAL for publication in the Register at least 30 days prior to the expiration date of the chapter. If a notice of readoption is filed with the OAL less than 30 days prior to the chapter expiration date, the notice will not be published and the filing of the notice will not change the chapter expiration date; in order to readopt the chapter that was the subject of such notice, the readoption of the chapter must be proposed and adopted in accordance with (g) above. The notice of readoption shall include the citation for the chapter; a general description of the chapter; the specific legal authority under which the chapter is authorized; the name and title of the individual, or the name of the entity, authorizing the readoption; the effective date of the readoption; the effective date of the technical changes, if any; and the new expiration date of the chapter. The notice of readoption shall be effective upon filing with the OAL, and the new chapter expiration date shall be calculated from the date of filing of the notice of readoption. As used in this subsection, "technical changes" means changes to: correct spelling, grammar, and punctuation; correct codification; update contact information; or correct cross-references. The agency shall also publish the notice of readoption on the agency's Internet website, no later than the date of publication of the notice in the Register.

1. In the case of a published notice of proposed readoption of a chapter, with or without amendments, that has not been adopted by the promulgating agency, the notice of readoption process set forth in this subsection shall not be used by the promulgating agency to supersede the notice of proposed readoption, or the readoption portion of a notice of proposed readoption with amendments. In order to readopt the chapter subject to the notice of proposed readoption, with or without amendments, the promulgating agency shall submit a notice of adoption of the proposed readoption to the OAL for publication in the Register prior to the chapter's expiration date.

2. In the case of a rule or amendment that, pursuant to specific statutory authority, was adopted without a notice of proposal and became effective upon submission to the OAL for a period of time set forth in the authorizing statute, and for which the authorizing statute prescribes that continuation of the rule or amendment beyond the time period shall be accomplished through readoption, the notice of readoption process set forth in this subsection shall not be used by the promulgating agency in place of a notice of proposal and a notice of adoption of the rule's or amendment's initial readoption, in accordance with (g) above, to give the rule or amendment effect beyond the statutory time period.

(i) In the case of a proposed readoption of an expiring chapter with substantial amendments, an agency may continue the expiring chapter for a seven-year period by duly proposing the readoption with substantial amendments and readopting the chapter prior to its expiration. As used in this subsection, "substantial amendments" means any amendments that are not technical changes as defined in (h) above.

(j) Any readoption of rules that is proposed and could be adopted prior to their expiration date under (g) and (i) above, but is not filed for adoption with the OAL until after the expiration date of the rules, shall be considered new rules, which are effective upon publication of the notice of adoption in the Register. The new expiration date shall be calculated from the date of publication, not the date of filing with the OAL.

(k) Any proposed readoption of rules that expired before filing of the notice of proposal shall be considered proposed new rules.

N.J. Admin. Code § 1:30-6.4

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

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