N.J. Admin. Code § 13:1D-1.3

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

Section 13:1D-1.3 - Procedure after receipt of petition

(a) Upon receipt of a petition, the relevant agency shall refer the petition for action, as appropriate.

(b) Within 15 days of receipt of a petition, the relevant agency shall prepare and file with the Office of Administrative Law, a notice of the petition's receipt for publication in the New Jersey Register, in compliance with N.J.A.C. 1:30-4.1(c).

(c) The relevant agency shall publish on its internet website each petition for rulemaking received, no later than the date of publication of the notice of receipt of the petition in the New Jersey Register pursuant to (b) above.

(d) Within 60 days of receipt of a petition, the relevant agency to which the petition was referred shall:

1. Deny the petition and provide a written statement of its reasons to the petitioner;

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

3. Refer the matter for further deliberations, which shall conclude within 90 days of referral, and either grant or deny the petition pursuant to (d)1 or 2 above.

(e) Within 60 days of receipt of a petition, the relevant agency shall send to the petitioner and file with the Office of Administrative Law (OAL) a notice of action on the petition for publication in the New Jersey Register in compliance with N.J.A.C. 1:30-4.2(d). The notice of action shall deny the petition, grant the petition, or refer the matter for further deliberation in accordance with N.J.A.C. 1:30-4.2(a). In the event the matter is referred for further deliberation, the relevant agency shall send the results of the further deliberation to the petitioner and submit the results to the OAL for publication in the New Jersey Register.

(f) The relevant agency shall publish on its internet website each notice of action on a petition for rulemaking, no later than the date of publication of the notice in the New Jersey Register pursuant to (e) above.

N.J. Admin. Code § 13:1D-1.3

Amended by R.1999 d.145, effective 5/3/1999.
See: 31 New Jersey Register 110(a), 31 New Jersey Register 1200(a).
In (a), substituted a reference to the Division Director for a reference to the Department of Law and Public Safety in the introductory paragraph; and rewrote (b) and (c).
Amended by R.2001 d.423, effective 11/19/2001.
See: 33 New Jersey Register 2592(a), 33 New Jersey Register 3899(c).
Rewrote the section.

Amended by 56 56 N.J.R. 412(a), effective 3/18/2024