N.J. Admin. Code § 13:18-11.9

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

Section 13:18-11.9 - Waiver from rules

(a) Any person or entity may seek a waiver from one or more provisions of the Motor Vehicle Commission's rules, provided the person or entity demonstrates that compliance represents an undue hardship and the Chief Administrator, or his or her designee, determines that such waiver is consistent with the general purpose and intent of the Motor Vehicle Commission's enabling statutes, rules, and mission.

(b) A person or entity seeking a waiver shall submit the request in writing to the Office of the Chief Administrator at the address set forth in 13:18-11.2and shall include the following:

1. The specific rule(s) or part(s) of the rule for which a waiver is requested;

2. The specific reason(s) justifying the waiver, including a statement of the type and degree of hardship that would result if the waiver were not granted;

3. An alternative proposal to ensure the safety and welfare of the public;

4. Documentation that supports the waiver request and all assertions made in the request, if applicable;

5. A statement addressing how the waiver would fulfill the purpose and intent of the Motor Vehicle Commission's enabling statutes, rules, and missions; and

6. Such other additional documentation that the Chief Administrator, or his or her designee, determines necessary and appropriate for evaluation and review of the waiver request.

(c) The Chief Administrator, or his or her designee, may waive application of any rule in an individual circumstance or on his or her own motion upon finding that such relief is warranted based upon the provisions set forth in (a) above.

(d) The Chief Administrator, or his or her designee, shall not grant a waiver of the Motor Vehicle Commission's rules where to do so would be contrary to or inconsistent with Federal laws, the Motor Vehicle Commission's enabling statutes, rules, and mission, or if the waiver would jeopardize public safety or welfare.

(e) The Chief Administrator, or his or her designee, may revoke a waiver at any time if the Chief Administrator determines that the waiver no longer fulfills the purpose and intent of the Motor Vehicle Commission's enabling statutes, rules, and mission or that continuing the waiver would jeopardize public safety or welfare.

N.J. Admin. Code § 13:18-11.9

Adopted by 48 N.J.R. 1501(b), effective 8/1/2016