N.J. Admin. Code § 10A:71-1.12

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10A:71-1.12 - Petition for rulemaking

(a) An interested person may petition the Board to adopt a new rule or amend or repeal an existing rule.

(b) The petition shall be in writing; be legible and intelligible; and be signed by the petitioner.

(c) Each petition shall contain the following information:

1. The full name and address of the petitioner;

2. The citation of the rule for which the proposal is made, using N.J.A.C. references, where applicable;

3. A clear and concise statement summarizing the substance or nature of the rulemaking which is requested;

4. The reasons for the request and the petitioner's interest in the request; and

5. Reference(s) to the authority under which the Board is authorized to act.

(d) The petitioner may include in the petition the text of the proposed new rule, amended rule or repealed rule.

(e) The petition shall be sent to the Chairperson, State Parole Board at PO Box 862, Trenton, New Jersey 08625-0862.

(f) Upon the Chairperson's receipt of a petition which satisfies the requirements of (b) and (c) above, the Board shall, within 15 days of receipt of the petition, file with the Office of Administrative Law for publication in the New Jersey Register a notice of the receipt of the petition pursuant to 1:30-4.1(c).

(g) Within 60 days of receipt of a rulemaking petition which satisfies the requirements of (b) and (c) above, the Board shall mail to the petitioner, and file with the Office of Administrative Law for publication in the New Jersey Register, a notice of action on the petition. The notice of action shall comply with the requirements of 1:30-4.2(d).

(h) Within 60 days of receipt of a rulemaking petition which satisfies the requirements of (b) and (c) above, the Board shall either:

1. Deny the petition, in which case the Board shall provide a written statement of its reasons to the petitioner, and include such reasons in its notice of action;

2. Grant the petition and initiate a rulemaking proceeding within 90 days of the granting of the petition; or

3. Refer the matter for further deliberation, the nature of which shall be specified to the petitioner and in the notice of action and which shall conclude within 90 days of such referral. Upon conclusion of such further deliberation, the Board shall either deny the petition or grant the petition and initiate a rulemaking proceeding within 90 days. The Board shall notify the petitioner in writing of its determination on the petition and submit its determination to the Office of Administrative Law for publication in the New Jersey Register.

N.J. Admin. Code § 10A:71-1.12

New Rule, R.2002 d.175, effective 6/3/2002.
See: 34 N.J.R. 359(a), 34 N.J.R. 1918(b).
Amended by R.2010 d.274, effective 12/6/2010.
See: 42 N.J.R. 1296(a), 42 N.J.R. 2960(a).
In (g), updated the N.J.A.C. reference.