N.J. Admin. Code § 1:30-6.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 1:30-6.1 - Notice of adoption

(a) When an agency adopts a proposed rule, the agency shall prepare a "notice of adoption" and submit the notice to the OAL. The notice of adoption shall comply with the requirements of this section.

(b) The notice of adoption shall contain, in the following order:

1. The heading of the Administrative Code Title affected (for example, the heading of Title 19 is "Other Agencies");

2. The element within the adopting agency (for example, the Division or Bureau) originating the notice;

3. A caption describing the subject matter of what is adopted;

4. The N.J.A.C. citation for any adopted new rule and the existing citation for any rule (s) amended, repealed, or readopted;

5. After "Proposed:", the publication date of the notice of proposal and the New Jersey Register citation of that notice;

6. After "Adopted:", the date of adoption and the name, title, and signature of the adopting agency head or any other person authorized by statute to adopt agency rules;

7. After "Filed:", the date the notice of adoption is filed with the OAL and whether the proposed rulemaking is adopted "without change" from the proposal, with "non-substantial changes not requiring additional public notice or comment (see N.J.A.C. 1:30-6.3)," with "substantial changes to proposal after additional notice and public comment, pursuant to N.J.S.A. 52:14B-4.1," or some combination thereof;

8. After "Authority:", a citation to the specific N.J.S.A. statutory authority for the rulemaking or the public law number if an N.J.S.A. citation is unavailable. An agency may not cite its general statutory authority, unless specific legal authority is unavailable and the agency is relying on its general or residual powers, in which case a statement to that effect must have been made in the proposal Summary;

9. After "Effective Date:", the effective date of the notice of adoption;

10. If applicable, after "Operative Date:", the operative date of the notice of adoption, if later than the date of Register publication;

11. After "Expiration Date:", the expiration date(s) of the rule(s) adopted, amended, repealed, or readopted established in accordance with NJ.A.C. 1:30-6.4. If the rule(s) affected is exempt from having an expiration date, a statement of that exemption, including its basis, shall be provided;

12. If appropriate, a Summary of Hearing Officer's Recommendations and Agency Responses pursuant to 1:30-5.5;

13. A Summary of Public Comments and Agency Responses, that shall include a summary of the comments, arguments, data and views received, and points of controversy developed during the rulemaking proceeding; the reasons for adopting the public comments accepted; and the reasons for rejecting the public comments rejected.

i. Except for commenters requesting confidentiality or commenters whose confidentiality is protected by law, this summary shall include the names of all persons who submitted oral or written comments, arguments, data, and views concerning the notice of proposal. If the person is commenting on behalf of an entity, the adopting agency shall list as the commenter either the person and the entity for which the person is commenting, or the entity alone;

14. Summary of Changes Upon Adoption, describing any changes between the rules as proposed and adopted, and the reasons for the changes. Changes upon adoption described and explained in the notice of adoption in response to a comment need not be included in this summary, in which case this portion of the notice would be a Summary of Agency-Initiated Changes;

15. A Federal Standards Statement (or a Federal Standards Analysis and agency head certification) as required by N.J.A.C. 1:30-5.1(c)4.

i. If there are no changes upon adoption, the statement or analysis published as part of the notice of proposal may be included;

ii. If there are changes upon adoption that affect whether or not the rule exceeds Federal standards or requirements or that require reproposal, the changes shall be evaluated and a new statement or analysis prepared pursuant to N.J.A.C. 1:30-5.1(c)4iii; and

16. The text of any changes between the rules as proposed and as adopted, specifically indicating additions and deletions.

(c) Along with a notice of adoption pursuant to (a) and (b) above, the agency shall also complete and submit to the OAL a Certificate of Proposal, Adoption, and Promulgation (form OAL APF-(year)-(version) (for example, Form OAL APF-17-1)) signed by the adopting agency head, or other person authorized by statute to adopt rules, that the rule was duly adopted according to law and in compliance with the requirements of the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., and of this chapter.

(d) An agency shall also publish the notice of adoption on the agency's Internet website, no later than the date of publication of the notice in the New Jersey Register.

N.J. Admin. Code § 1:30-6.1

Amended by47 N.J.R. 1311(b), Effective 6/15/2015

Amended by 50 N.J.R. 1433(a), effective 6/18/2018