N.J. Admin. Code § 5:2-2.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 5:2-2.3 - Procedure for petitions

(a) Petitions for the promulgation, amendment or repeal of a rule by the Department of Community Affairs or any of its component divisions or bureaus shall be addressed to the Office of the Commissioner, Department of Community Affairs, PO Box 800, Trenton, New Jersey 08625-0800.

(b) Upon receipt of any such petition for a rule, the Office of the Commissioner shall date-stamp and log the petition and send a copy thereof to the director of any division having jurisdiction.

1. The Office of the Commissioner shall also provide a copy of the petition to the Department's Administrative Practice Officer.

(c) Within 20 days following receipt of a copy of the petition, a division director to whom such copy was sent shall recommend to the Commissioner, in writing, the proper course of action to be taken in response to such petitioner.

(d) Upon receipt of a copy of the petition, the Administrative Practice Officer shall prepare, for the Commissioner's signature, a notice of petition for a rule that is in compliance with N.J.A.C. 1:30-3.6(a). Upon signature by the Commissioner, the Administrative Practice Officer shall file such notice with the Office of Administrative Law.

(e) Within 30 days following receipt of the petition, the Commissioner, or any board or subordinate official within the Department having rulemaking authority with regard to the subject matter of the petition, shall either deny the petition or proceed to act on the petition.

1. Upon notification as to the decision of the Commissioner, or of the board or subordinate official having rulemaking authority, with respect to the petition, the Administrative Practice Officer shall prepare a notice of action that is in compliance with N.J.A.C. 1:30-3.6(b). Upon signature by the Commissioner or other person having rulemaking authority, or person authorized to sign for a board having such authority, the Administrative Practice Officer shall file such notice with the Office of Administrative Law.

N.J. Admin. Code § 5:2-2.3