N.J. Admin. Code § 2:1-3.7

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

Section 2:1-3.7 - Conducting a public hearing

(a) The Department, in accord with the New Jersey Administrative Procedure Act, 52:14B-1 et seq., and the Office of Administrative Law Rules for Agency Rulemaking, N.J.A.C. 1:30, may conduct a public hearing on a proposed rulemaking, at its discretion, without the need for a specific request or the demonstration of sufficient public interest.

(b) The Department, in accord with the New Jersey Administrative Procedure Act, 52:14B-1 et seq., and the Office of Administrative Law Rules for Agency Rulemaking, N.J.A.C. 1:30, shall conduct a public hearing on a proposed rulemaking at the request of a Legislative Committee, a State agency, or a county, local or municipal government entity, if such request is made to the Department within 30 days following publication of the proposed rulemaking, or if sufficient public interest is demonstrated.

(c) Sufficient public interest is demonstrated with regard to the conducting of a public hearing when the following occurs:

1. When two or more agricultural organizations having representation by a delegate to the Annual State Agricultural Convention, in accordance with 4:1-6, have expressed the need for a public hearing; or

2. When 25 or more persons have expressed the need for a public hearing.

(d) The Department shall not consider, in the calculation of the number of comments received, those comments that relate to specific recommended changes in the rule that the Department has agreed to make or does not have the legal authority to make.

N.J. Admin. Code § 2:1-3.7

New Rule, R.2002 d.158, effective 5/20/2002.
See: 34 N.J.R. 3(a), 34 N.J.R. 1853(a).
Former N.J.A.C. 2:1-3.7, Information available to public, recodified to N.J.A.C. 2:1-3.13.
Amended by R.2006 d.379, effective 11/6/2006.
See: 38 N.J.R. 1896(b), 38 N.J.R. 4687(a).
In (c)1 and (c)2, substituted "a public hearing" for "the extension of the comment period".