N.J. Admin. Code § 14:1-5.16

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

Section 14:1-5.16 - Petitions for rulemaking

(a) An interested person may petition the Board to adopt a new rule or amend or repeal an existing rule.

(b) The review of the petition by the Board shall not be considered a contested case and is not subject to the provisions of N.J.A.C. 14:1-8.

(c) The petition must be submitted pursuant to the provisions of this subchapter and shall state clearly and concisely:

1. The substance or nature of the rulemaking that is requested;

2. The reasons for the request and the petitioner's interest in the request; and

3. References to the authority of the agency to take the requested action.

(d) The petitioner may provide the text of the proposed new rule, amended rule, or repealed rule.

(e) Any filing submitted to the Board that is not in substantial compliance with this section shall not be deemed to be a petition for rulemaking requiring further agency action, and the filer shall be so notified within 15 days of receipt of the filing.

(f) In accordance with N.J.A.C. 1:30-4.1(c), the Board shall file a notice of the petition's receipt with the Office of Administrative Law within 15 days of receipt of the petition.

(g) In accordance with N.J.A.C. 1:30-4.2(a), within 60 days following receipt of a petition, the Board shall mail to the petitioner and file with the Office of Administrative Law for publication in the New Jersey Register a notice describing the Board's action on the petition in accordance with (h) below.

(h) In accordance with N.J.S.A. 52:14B-4(f) and N.J.A.C. 1:30-4.2(a), the Board shall take one of the following actions on the petition:

1. Deny the petition, in which case the notice of action shall explain the reasons for the denial;

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

3. Refer the matter for further deliberations. The Board shall conclude its further deliberations within 90 days of the referral. Upon conclusion of such further deliberations, the Board shall either deny the petition and provide a written statement of its reasons or grant the petition and initiate rulemaking within 90 days of granting the petition. The results of these further deliberations shall be mailed to the petitioner and shall be submitted to the Office of Administrative Law for publication in the New Jersey Register.

(i) In accordance with N.J.A.C. 1:30-4.2(b), a specific period of more than 90 days for further deliberations under (h)3 above and/or to initiate a rulemaking proceeding under (h)2 or 3 above may be agreed upon, in writing, by the petitioner and the Board. An agreement to extend either period or both periods shall constitute an action on the petition for which notice shall be submitted to the Office of Administrative Law for publication in the New Jersey Register.

N.J. Admin. Code § 14:1-5.16

Adopted by 47 N.J.R. 2388(b), effective 9/21/2015