N.J. Admin. Code § 13:69-3.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:69-3.6 - Petitions for rulemaking

(a) Any interested person may file a petition with the Division for the adoption, amendment or repeal of any rule, pursuant to Section 69(c) of the Act and N.J.S.A. 52:14B-4(f). Such petition shall be in writing, be signed by the petitioner, and include the following information:

1. The name and address of the petitioner;

2. The substance or nature of the requested rulemaking;

3. The reasons for the request;

4. The specific legal rights, duties, obligations, privileges, benefits or other specific legal relations of the interested person which are affected by the requested rulemaking; and

5. Reference to the statutory authority under which the Division may take the requested action.

(b) Any document submitted to the Division which is not in substantial compliance with this section shall not be deemed to be a petition for rulemaking requiring further action. Such document shall be returned to the petitioner with instructions as to the steps necessary to correct any defects or omissions in accordance with this section.

(c) Within 15 days of receipt of a petition in compliance with this section, the Division shall file a notice of petition with the Office of Administrative Law for publication in the New Jersey Register in compliance with N.J.A.C. 1:30-4.1(c).

(d) Within 60 days of receipt of a petition which is in compliance with this section, the Division shall mail to the petitioner and file with the Office of Administrative Law a notice of action on the petition in compliance with N.J.A.C. 1:30-4.2(d), which shall include the nature or substance of the Division's action upon the petition and a brief statement of reasons for the Division's actions.

(e) In accordance with N.J.A.C. 1:30-4.2(a), Division action on a petition for rulemaking may include:

1. Denial of the petition;

2. Filing a notice of proposed rule or a notice of a pre-proposal for a rule with the Office of Administrative Law; or

3. Referral of the matter for further deliberations, the nature of which will be specified and which will conclude upon a specified date. The results of these further deliberations shall be mailed to the petitioner and shall be submitted to the Office of Administrative Law for publication in the New Jersey Register.

N.J. Admin. Code § 13:69-3.6