N.J. Admin. Code § 3:3-4.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 3:3-4.3 - Procedure of the Department

(a) Upon receipt of a petition in compliance with 3:3-4.2, the Department will file a notice of petition with the Office of Administrative Law for publication in the New Jersey Register. The notice will include:

1. The name of the petitioner;

2. The substance or nature of the rulemaking action which is requested;

3. The problem or purpose which is the subject of the request; and

4. The date the petition was received.

(b) Within 60 days of receiving a petition, the Department will mail to the petitioner, and file with the Office of Administrative Law, for publication in the New Jersey Register, a notice of action on the petition which will include:

1. The name of the petitioner;

2. The Register citation for the notice of petition, if that notice appeared in a previous Register;

3. Certification by the Commissioner that the petition was duly considered pursuant to law;

4. The nature or substance of the Department's action upon the petition; and

5. A brief statement of reasons for the Department's action.

(c) Department action on a petition shall either:

1. Deny the petition and provide a written statement of the Department's reasons to the petitioner, and include such reasons in its notice of action;

2. Grant the petition and within 90 days file a notice of proposed rule or a notice of preproposal for a rule with the Office of Administrative Law; or

3. Refer the matter for further deliberations, the nature of which shall be specified to the petitioner and in the notice of action and which shall conclude within 90 days of such referral. Upon conclusion of such further deliberations, the Department shall either deny the petition or grant the petition and initiate a rulemaking proceeding within 90 days.

N.J. Admin. Code § 3:3-4.3