N.J. Admin. Code § 16:64-1.2

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

Section 16:64-1.2 - Construction, severability and waiver

(a) This chapter shall be liberally construed to permit the Commission to discharge its statutory and regulatory obligations.

(b) If any subchapter, section, subsection or any portion of this chapter, or the application thereof to any person, is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of these rules shall not be affected thereby.

(c) The Commission may grant a waiver of the provisions of this chapter when it determines that not granting a waiver would be detrimental to the public safety, the safety of a pilot, an apprentice, other person, or to any vessel or other property. The Commission may grant a waiver through the issuance of an Order and the waiver shall be limited in scope and applicability to that particular circumstance.

N.J. Admin. Code § 16:64-1.2

Amended by R.2005 d.307, effective 9/6/2005.
See: 37 N.J.R. 1685(a), 37 N.J.R. 3446(b).
In (a) and (c), substituted "Commission" for "Board" throughout.
Amended by R.2009 d.364, effective 12/7/2009.
See: 41 N.J.R. 2884(a), 41 N.J.R. 4455(a).
Section was, "Construction, severability, and waiver". In (b), deleted a comma following "subsection" and deleted "such judgment shall be confined in its operation and" following "jurisdiction,".