N.J. Admin. Code § 13:45A-19.1

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

Section 13:45A-19.1 - Petition for promulgating, amending or repealing rules

(a) Any interested person may file a petition with the Director of the Division of Consumer Affairs or with any board, bureau, committee or other agency located within the Division to promulgate, amend or repeal a rule.

(b) With respect to a petition for a new rule or an amended rule, the petitioner shall include his or her name and address, the substance or nature of the request, the problem or purpose which is the subject of the request, the petitioner's interest in the request, the proposed text of the new rule or amended rule and the statutory authority under which the requested action may be taken.

(c) With respect to a petition for an amended rule, the petitioner shall indicate any existing text to be deleted and include any new text to be added.

(d) Within 15 days of receiving the petition, the Director shall file with the Office of Administrative Law for publication in the New Jersey Register a notice of petition pursuant to N.J.A.C. 1:30-3.6(a).

(e) Within 60 days of receiving the petition, the Director or the board, bureau or other agency located within the Division shall, pursuant to N.J.S.A. 52:14B-4(f):

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 under (e)1 or 2 above.

(f) A specific period of more than 90 days for further deliberations under (e)3 above and/or to initiate a rulemaking proceeding under (e)2 above may be agreed upon, in writing, by the petitioner and the Director or the board, bureau or other agency located within the Division. An agreement to extend either period, or both periods, shall constitute an action on the petition subject to the notice requirements of (g) below.

(g) Within 60 days of receipt of a petition, the agency shall mail to the petitioner and submit to the Office of Administrative Law a notice of action on the petition in compliance with N.J.A.C. 1:30-4.2(d).

N.J. Admin. Code § 13:45A-19.1

Amended by R.2006 d.141, effective 4/17/2006.
See: 37 N.J.R. 4369(a), 38 N.J.R. 1760(a).
In (b), added "or an amended rule" "the petitioner's interest in the request" and "or amended rule".
Amended by R.2012 d.016, effective 1/17/2012.
See: 43 N.J.R. 1130(a), 44 N.J.R. 166(b).
Rewrote (e); and added (f) and (g).