N.J. Admin. Code § 13:1E-4.3

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

Section 13:1E-4.3 - Public hearings

(a) The agency shall hold a public hearing on a rulemaking proposal at the request of a committee of the Legislature, or a governmental agency or subdivision, or if sufficient public interest in a public hearing is demonstrated within 30 days of the publication of the proposal in the New Jersey Register.

(b) Public interest in holding a public hearing shall be determined by the agency based on written requests to the address to which comments are to be sent contained in the proposal. Public interest in holding a public hearing shall be sufficient if:

1. At least 50 persons submit written requests to hold a public hearing to present data, arguments or views that raise a substantial issue as to the impact of the proposal on the regulated community or the general public that has not been anticipated by the agency; and

2. No other public hearing on the proposal has been scheduled or held by the agency under this rule or other applicable law or rule.

(c) For the purposes of (b)1 above, a professional organization or law firm that submits a request for a public hearing on behalf of a group of interested parties shall be considered one person.

(d) Any public hearing held under (a) above may be held in conjunction with an open public meeting of the proposing agency or as otherwise determined by the agency, consistent with the requirements of N.J.A.C. 1:30-5.5. The agency shall not be required to hold more than one public hearing on any proposal.

N.J. Admin. Code § 13:1E-4.3