N.J. Admin. Code § 13:70-1.35

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

Section 13:70-1.35 - Opportunity to submit information to the Commission

(a) When providing notice pursuant to 13:70-1.34, the Commission shall inform the interested parties, as defined therein, that they shall have the opportunity to submit information regarding their position on the matter to the Commission for its consideration. To be considered, all such information shall be filed and received by the Commission within 15 days after the date of notice.

(b) At least 10 days prior to the date upon which it is anticipated that the Commission will act, the Commission shall provide copies by facsimile of all information received from interested parties, in accordance with (a) above, to all other interested parties. In the discretion of the Executive Director, the Commission may allow further written comment from the interested parties before the date upon which the Commission is scheduled to act. Under such circumstances all interested parties shall be notified in writing of their ability to do so.

(c) If the date upon which the Commission is scheduled to act is unavoidably delayed, the Commission shall notify the interested parties of the date upon which the Commission anticipates that it will act on the matter. At the rescheduled meeting, the Commission shall consider all information submitted to it pursuant to this rule.

(d) The Commission may, in its discretion, allow an interested party to comment verbally prior to Commission action at the scheduled public meeting. All requests to be heard verbally shall be filed with and received by the Commission at least seven days prior to the scheduled meeting. If the Commission grants the request of one interested party to be heard verbally at the meeting, it shall grant the requests of all of the other interested parties to be heard. The Commission may, in its discretion, limit the amount of time allotted for the verbal comments of each interested party.

(e) Any person or entity who has not been designated as an interested party by the Commission and does not have a statutory right to be heard on a specific matter before the Commission in accordance with 13:70-1.34, may, at least 14 days prior to the meeting upon which the specific matter is scheduled, request, in writing, the opportunity to be heard at the meeting. All such requests shall be considered by the Executive Director who shall, in the exercise of his or her discretion, determine whether this person or entity has a sufficient interest in, or possesses important information on, the matter before the Commission, which would warrant the opportunity to be heard. Alternatively, the Executive Director may, in his or her discretion, refer the request to be heard to the Commission for decision at the scheduled meeting.

N.J. Admin. Code § 13:70-1.35

New Rule, R.2008 d.339, effective 11/17/2008.
See: 40 N.J.R. 4295(a), 40 N.J.R. 6620(a).