N.J. Admin. Code § 13:82-1.21

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

Section 13:82-1.21 - Waiver of the Boat Regulation Commission rules

(a) Any person or entity desiring a waiver from the provisions of a rule or rules at N.J.A.C. 13:82-1 through 7 shall submit a formal written request to the Commission, in accordance with this section. Any such request shall set forth, in detail, all facts that support the necessity of the requested relief and identify all persons or entities who might be affected if the relief were granted. Any waiver granted pursuant to this section shall only be valid for one year.

(b) The Commission may, within its discretion, grant a waiver from specific provisions of N.J.A.C. 13:82-1 through 7 if it determines:

1. That such a waiver is consistent with the interests of boating safety;

2. That such a waiver is consistent with the intent of, if not the letter of, N.J.A.C. 13:82-1 through 7; and/or

3. Where strict application of the rule would create an unnecessary hardship that is contrary to the legislative intent of the underlying statutes or the public interest.

(c) The Commission may waive application of any rule in an individual circumstance on its own motion upon finding that such relief is warranted by the factors set forth at (b) above.

(d) All waiver requests shall be submitted to the Commission on a form designated by the Superintendent, at least 60 days prior to a regularly scheduled public meeting of the Commission.

(e) Any person requesting a waiver, and/or any interested party, may be required to attend a regularly scheduled public Commission meeting to provide testimony and/or documentation in support of the request.

(f) All decisions on requests for waiver shall be made at a public meeting of the Commission. If the Commission grants a waiver, the Commission will notify the Superintendent and the Superintendent or his or her designee will issue a letter to the applicant, detailing the terms of the waiver. This letter shall be carried, at all times, by all participants or a designated supervisor, while engaging in the activity subject to waiver.

(g) The Commission shall not grant a waiver of its rules where doing so would be contrary to or inconsistent with an applicable statute.

(h) Any person, group, or organization found to be in violation of this chapter, including the failure to produce the issued letter approving a waiver at the request of law enforcement personnel, shall be subject to the penalties contained within this chapter.

N.J. Admin. Code § 13:82-1.21

Adopted by 49 N.J.R. 766(b), effective 4/17/2017

Amended by 55 N.J.R. 2137(a), effective 10/2/2023