N.J. Admin. Code § 11:20-19.3

Current through Register Vol. 57, No. 1, January 6, 2025

Section 11:20-19.3 - Procedure of the Board

(a) Upon receipt of a petition in compliance with N.J.A.C. 11:20-19.2, the Board shall file, within 15 days, a notice of petition with the Office of Administrative Law for publication in the New Jersey Register. The notice shall include:

1. The name of the petitioner;

2. The substance or nature of the rulemaking action which is requested;

3. The problem or purpose which is the subject of the request; and

4. The date the petition was received.

(b) Within 60 days of receiving the petition in compliance with N.J.A.C. 11:20-19.2, 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 which shall include:

1. The name of the petitioner;

2. The New Jersey Register citation for the notice of petition, if that notice appeared in a previous New Jersey Register;

3. Certification by the Board that the petition was duly considered pursuant to law;

4. The nature or substance of the Board's action upon the petition; and

5. A brief statement of reasons for the Board's action.

(c) The Board's action on a petition may include:

1. Denying the petition and providing a written statement of the Board's reasons to the petitioner, and including such reasons in its notice of action;

2. Granting the petition and initiating a rulemaking proceeding within 90 days of the granting of the petition; or

3. Referring the matter for further deliberations which shall be concluded within 90 days of referring the matter for further deliberations. Upon conclusion of such further deliberations, the Board shall either deny the petition and provide a written statement of its reasons or grant the petition and initiate a rulemaking proceeding within 90 days.

(d) The Board shall publish its action on the petition for rulemaking on the Board's website no later than the date the action is to be published in the New Jersey Register.

N.J. Admin. Code § 11:20-19.3

Amended by 48 N.J.R. 2153(a), effective 10/17/2016