N.J. Admin. Code § 10A:1-2.7

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

Section 10A:1-2.7 - Procedure for requesting rule exemptions

(a) Requests for rule exemptions may be submitted by staff or committees to the Administrator for review.

(b) Requests for rule exemptions may be submitted by inmates or inmate groups to the Institutional Classification Committee (I.C.C.) for review. The I.C.C. shall review and submit inmate requests for rule exemptions to the Administrator along with recommendations for approval or disapproval. Such requests for rule exemptions must:

1. Be in writing;

2. Be legible and intelligible;

3. Contain the full name and address of the inmate or inmate group;

4. Contain the N.J.A.C. 10A citation of the rule for which the exemption is made; and

5. Include a clear and concise statement summarizing the substance of the rule exemption, why the suggestion is being requested and a summary of reasons for the exemption.

(c) Requests for rule exemptions may be submitted by staff members, individually or as a group, utilizing and submitting Form 911 to the community program supervisor or operational unit supervisor for review.

(d) The Administrator, community program supervisor or operational unit supervisor shall review and determine, based on the criteria in 10A:1-2.4(c), whether to submit requests for rule exemptions to the appropriate Assistant Commissioner and the Commissioner for consideration.

(e) If the Administrator, community program supervisor or operational unit supervisor approves a request for rule exemption, the designated sections of Form 911 Request for Rule Exemption shall be completed in duplicate, signed and submitted to the appropriate Assistant Commissioner.

(f) The Assistant Commissioner shall review Form 911 Request for Rule Exemption and determine whether to approve or disapprove the request, based on the criteria in 10A:1-2.4(c). If the Assistant Commissioner approves the request, the designated section of Form 911 shall be signed, dated and submitted to the Commissioner for review. If the Assistant Commissioner disapproves the request, the designated section of Form 911 shall be signed, dated and returned to the correctional facility Administrator, the community program supervisor or operational unit supervisor.

(g) The Commissioner shall review Form 911 Request for Rule Exemption, submitted by an Assistant Commissioner and determine whether to authorize a rule exemption, based on the criteria in 10A:1-2.4(c). The Commissioner shall approve or disapprove a rule exemption by signing and dating the designated section on Form 911 and returning it to the Assistant Commissioner.

(h) The Assistant Commissioner shall be responsible for notifying the Administrator, the community program supervisor or operational unit supervisor of the Commissioner's approval or disapproval of requests for rule exemptions.

N.J. Admin. Code § 10A:1-2.7

Amended by R.1992 d.269, effective 7/6/1992.
See: 24 N.J.R. 1465(a), 24 N.J.R. 2451(c).
Revised (d)-(h).
Administrative Correction in (e) and (f).
See: 24 N.J.R. 4390(a).
Administrative Change.
See: 25 N.J.R. 4105(a).
Amended by R.2003 d.176, effective 5/5/2003.
See: 35 N.J.R. 331(a), 35 N.J.R. 1898(a).
Substituted "Administrator" for "Superintendent" throughout.
Amended by R.2010 d.057, effective 4/19/2010.
See: 41 N.J.R. 4395(a), 42 N.J.R. 792(b).
In the introductory paragraph of (b), inserted the last sentence; added (b)1 through (b)5; and in (c), inserted "utilizing and submitting Form 911".