N.J. Admin. Code § 3:42-9.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 3:42-9.2 - Petitions for amendment

(a) Any interested person may petition the Board for an amendment to the rules in this chapter by filing an application with the Executive Director in such form and number as he shall from time to time specify.

(b) The application shall include the following:

1. The petitioner's name and address;

2. The precise wording of any proposed amendment to the text of the rules in this chapter;

3. A statement of the need and justification for the proposed amendment;

4. A statement as to the conformity of the proposed amendment to the Pinelands Development Credit Bank Act; and

5. A statement of the social, economic and environmental impacts of the proposed amendment.

(c) Upon receipt of the application, the Executive Director shall process the petition in accordance with the Administrative Procedure Act and the following procedures:

1. The Executive Director may deny the petition if he determines that the Board is not legally empowered to adopt the proposed amendment; or

2. The Executive Director may refer the matter for further deliberation in which case he shall prepare a report which analyzes the proposed amendment and presents a recommendation as to whether the Board should deny the petition, authorize the filing of a pre-proposal with the Office of Administrative Law, or authorize the filing of a rule proposal consistent with the petition.

(d) Except as provided in (c)1 above, the Board shall render all final decisions with respect to petitions for amendment in accordance with the Administrative Procedure Act.

N.J. Admin. Code § 3:42-9.2