N.J. Admin. Code § 10A:71-1.13

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

Section 10A:71-1.13 - Authority to relax a rule

(a) The Board may, in its discretion and if consistent with statutory requirements, relax the application of any rule or certain requirements of a rule in this chapter or N.J.A.C. 10A:72 for good cause.

(b) A request for relaxation of a rule or certain requirements of a rule may be submitted by an operational unit supervisor in writing to the Board for consideration at a formal Board meeting.

(c) Upon the Board determining to approve or disapprove the request for relaxation of a rule or certain requirements of a rule, the Board shall notify the operational unit supervisor in writing of its determination.

(d) The effective date of the relaxation of a rule or certain requirements of a rule shall be the date of approval by the Board.

(e) The relaxation of a rule or certain requirements of a rule shall expire 180 days from the date of approval by the Board.

(f) The relaxation of a rule or certain requirements of a rule may be terminated prior to its expiration date when:

1. The basis for the relaxation of the rule or certain requirements of a rule no longer exists; or

2. The Board no longer approves the relaxation of the rule or certain requirements of a rule.

(g) A relaxation of a rule or certain requirements of a rule may be extended beyond its expiration date when:

1. The operational unit supervisor reapplies for the relaxation of the rule or certain requirements of a rule; and

2. The approval of the Board is given for an extension of the relaxation of the rule or certain requirements of a rule.

(h) An operational unit shall return to compliance with the rule or certain requirements of a rule when relaxation of the aforementioned terminates or expires.

N.J. Admin. Code § 10A:71-1.13

New Rule, R.2010 d.274, effective 12/6/2010.
See: 42 N.J.R. 1296(a), 42 N.J.R. 2960(a).