N.J. Admin. Code § 10A:1-1.6

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

Section 10A:1-1.6 - Notice of a proposed rule and opportunity to be heard

(a) A notice of a proposed rule may consist of:

1. A proposed new rule;

2. A proposed amendment to modify, alter or revise an existing rule;

3. A proposed repeal of a rule; or

4. A proposed readoption of a rule.

(b) The Department of Corrections provides the following four types of publicity for a notice of a rule proposal:

1. Publication in the New Jersey Register (N.J.R.), a semi-monthly official publication of the Office of Administrative Law which contains all Departmental rule proposals and adoptions;

2. Distribution of the notice or a statement of the substance of the proposed rulemaking activity to the news media maintaining a press office in the New Jersey State House Complex;

3. Posting of the notice or a statement of the substance of the proposed rulemaking activity on the official website of the New Jersey Department of Corrections at www.state.nj.us/corrections; and

4. Distribution of the notice or a statement of the substance of the proposed rulemaking activity mailed to persons or organizations likely to be affected by or interested in the intended action such as, but not limited to, New Jersey State Law Libraries, the New Jersey State Parole Board, the American Civil Liberties Union of New Jersey, the New Jersey Association of Corrections, Departmental administrative staff, the custody staff bargaining unit, inmate advocacy groups, correctional facility Inmate Liaison Committees, correctional facility law libraries, and individuals or entities who request (see 10A:1-1.3 ) to be advised of the Department's proposed rulemaking activities.

(c) Notice of a rule proposal shall include a designated public comment period and specific information regarding to whom comments may be submitted.

1. Comments must be submitted to the individual at the address designated within the notice of a rule proposal in order to be considered by the Department;

2. Comments submitted for a notice of a rule proposal must fall within the scope of the subject matter of the rule proposal. Comments that do not fall within the scope shall be summarized in the notice of adoption along with a statement that the comment does not fall within the scope of the subject matter of the notice of a rule proposal; and

3. Except for comments made orally at a public hearing, comments submitted regarding a notice of a rule proposal must be in writing, legible and intelligible in order to be considered by the Department.

(d) The Department may extend the designated public comment period:

1. When deemed necessary by the Department; or

2. For a period of 30 calendar days, when, within 30 calendar days of the publication of a proposal, sufficient public interest is demonstrated in an extension of the time for comment submissions. For purposes of this subsection, sufficient public interest for granting an extension of the public comment period exists when 50 or more individuals have communicated a specific request for the extension of the comment period in writing to the Department of Corrections. This communication must be directed to the individual who has been designated to receive comments in the notice of a rule proposal.

(e) A public hearing on the proposed rulemaking activity shall be conducted by the Department when:

1. A request for a public hearing from a committee of the Legislature, or a governmental agency or subdivision, is made to the Department within 30 calendar days of the publication of the proposed rulemaking activity in the N.J.R.; or

2. Sufficient public interest is shown by the public within 30 calendar days of the publication of the proposed rulemaking activity in the N.J.R. For purposes of this subsection, sufficient public interest for conducting a public hearing exists when 100 or more individuals have communicated a specific request for a public hearing and the basis for such a request in writing to the Department. This communication must be directed to the individual who has been designated to receive comments in the notice of a rule proposal.

i. In the calculation of the number of comments received expressing the request for a public hearing, the Department shall not consider the following:

(1) Comments from incarcerated, legally committed or confined individuals who are not authorized to attend a public hearing;

(2) Comments that relate to specific recommended amendments in the rule that the Department has agreed to make;

(3) Comments that relate to amendments that the Department does not have the legal authority to make; or

(4) Comments that relate to amendments that are required by law.

(f) Notice of a public hearing shall be published in the New Jersey Register (N.J.R.), at least 15 days prior to the public hearing when feasible. If timely N.J.R. publication is not feasible, such notice may be published in the N.J.R. with less than 15 days notice, as long as notice of the public hearing is provided by posting the notice on the official website of the New Jersey Department of Corrections at www.state.nj.us/corrections at least 15 days prior to the public hearing.

N.J. Admin. Code § 10A:1-1.6

New Rule, R.2001 d.455, effective 12/3/2001.
See: 33 N.J.R. 2941(a), 33 N.J.R. 4106(a).
Amended by R.2008 d.190, effective 7/21/2008.
See: 40 N.J.R. 1736(b), 40 N.J.R. 4323(a).
In (d)2, inserted "calendar" twice and substituted "a specific request" for "the need"; in (e)1, inserted "calendar"; in the introductory paragraph of (e)2, inserted "within 30 calendar days of the publication of the proposed rulemaking activity in the N.J.R." and substituted "a specific request" for "the need" and "request" for "need"; in the introductory paragraph of (e)2i, substituted "request" for "need"; and in (e)2i(1), inserted ", legally committed or confined" and "who are".
Amended by R.2011 d.022, effective 1/18/2011.
See: 42 N.J.R. 2194(a), 43 N.J.R. 188(a).
Added (f).