N.J. Admin. Code § 2:1-3.9

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

Section 2:1-3.9 - Department action upon receipt of petition

(a) Any material submitted to the Department that is not in substantial compliance with these rules shall not be deemed to be a petition for rulemaking requiring further Department action pursuant to this subchapter, 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.

(b) The Department shall take appropriate, timely action upon receipt of a petition for rulemaking 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. This action shall include the following:

1. The petition shall be date stamped and logged;

2. The petition shall be referred to the relevant Division or handled at the Department level as deemed appropriate;

3. Within 15 days of initial receipt, notice of receipt of the petition shall be filed with the Office of Administrative Law for publication in the New Jersey Register. The notice of petition shall include:

i. The name of the petitioner;

ii. The substance or nature of the rulemaking action which is requested;

iii. The problem or purpose which is the subject of the request; and

iv. The date the petition was received.

4. The Department action on a petition shall be either to:

i. Deny the petition;

ii. Grant the petition and initiate a rulemaking proceeding within 90 days of the granting of the petition; or

iii. Refer the matter for further deliberations which shall conclude within 90 days of such referral. Upon conclusion of such further deliberations, the Department shall either deny the petition or grant the petition and initiate a rulemaking proceeding within 90 days. The Department shall mail the results of these further deliberations to the petitioner and submit results to the Office of Administrative Law for publication in the New Jersey Register.

(c) The Department shall mail to the petitioner, and file with the Office of Administrative Law for publication in the New Jersey Register, a notice of action on the petition within 60 days of initial receipt of the petition. The notice of action shall include:

1. The name of the petitioner;

2. The Register citation for the notice of petition;

3. The signature of the Commissioner, as agency head, signifying that the petition was duly considered pursuant to law;

4. The nature or substance of the Department action upon the petition; and

5. A brief statement of reasons for the Department action.

N.J. Admin. Code § 2:1-3.9

New Rule, R.2002 d.158, effective 5/20/2002.
See: 34 New Jersey Register 3(a), 34 New Jersey Register 1853(a).