N.J. Admin. Code § 1:30-6.5

Current through Register Vol. 56, No. 9, May 6, 2024

Section 1:30-6.5 - Emergency rule adoption and concurrent proposal

(a) Any agency adopting an emergency rule pursuant to NJ.S.A. 52:14B-4(c) shall comply with the requirements of the adoption process set forth in NJ.A.C. 1:30-6.1. The documents to be filed for an emergency rule adoption shall include:

1. A Certificate of Proposal, Adoption, and Promulgation (form OAL APF-(year)-(version) (for example, Form OAL APF-17-1)) signed by the agency head adopting the emergency rule;

2. A written summary of the subject matter of the emergency rules, which includes a finding that there is an imminent peril that necessitates emergency proceedings; the basis for the finding; and social and economic factors that bear upon the finding;

3. A signed statement from the Governor concurring as to the existence of an imminent peril that justifies the emergency rulemaking proceeding; and

4. The text of the emergency rule.

(b) An emergency rule is effective upon filing with the OAL.

(c) Upon filing with the OAL, the OAL shall transmit the Governor's signed statement and a copy of the emergency rulemaking to the President of the Senate and the Speaker of the General Assembly.

(d) To continue the provisions of an emergency rule beyond the statutory 60-day period of emergency (see N.J.S.A. 52:14B-4(c)), the agency may propose the provisions of the emergency rule in a notice of proposal, which is filed with the OAL at the same time that the emergency adoption is filed. The notice of emergency adoption shall state that the rule is being proposed concurrently. The concurrent notice of proposal shall comply with N.J.A.C. 1:30-5.1 and may be adopted after the comment period. The adoption of the concurrent notice of proposal shall be effective upon timely filing of the notice of adoption with the OAL. As used in the preceding sentence, "timely" means on or before the expiration date of the emergency rule. Any changes to the readopted rule shall be effective upon publication of the notice of adoption.

(e) An adoption of a concurrent notice of proposal filed after the expiration of the emergency rule shall be effective upon publication in the Register.

(f) The provisions of an emergency rule shall not be readopted as an emergency rule.

(g) An agency shall publish on its Internet website, a summary of any emergency rule adopted pursuant to this section, and the statement of reasons for the agency's finding that an imminent peril exists. The website publication shall occur on the date the emergency rule is filed with the Office of Administrative Law. An agency shall publish the notice of emergency adoption and, if applicable, concurrent notice of proposal on the agency's Internet website, no later than the date of publication of the notice in the New Jersey Register.

N.J. Admin. Code § 1:30-6.5

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

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