N.J. Admin. Code § 5:23A-1.5

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

Section 5:23A-1.5 - Board meetings

(a) Board meetings shall be held as often as may be necessary in order to comply with time limits for board action established by statute or by this chapter, but in no case shall a board schedule meetings less frequently than once a month.

1. Special meetings shall be scheduled when necessary by the chairperson of the board. Notice of any special meeting shall be given to all board members by telephone or fax transmission at least 48 hours prior to the time of the special meeting; provided, however, that notice of special meetings shall not be required to be given to special members of the board when the special meeting does not involve any cases arising under P.L. 1995, c.54 or P.L. 1999, c. 11.

2. Public notice of all scheduled and special meetings shall be given, and meetings shall be open to the public, as required by the Open Public Meetings Act (10:4-6 et seq.). Additionally, copies of all notices of meetings shall be provided by each board to the Office of Regulatory Affairs.

3. All hearings shall be recorded and tapes or transcripts shall be made available upon request at the expense of the requesting party.

(b) If there is no business pending before a board, the chairperson may cancel a scheduled meeting. Notice of any such cancellation shall, if time permits, be given to all members, by telephone or by fax transmission, at least 48 hours prior to the scheduled meeting time.

(c) If there is no business pending before a board involving an appeal under P.L. 1995, c.54 or P.L. 1999, c. 11, notice to that effect shall be given to the special members and any alternate special members, if time permits, by telephone or by fax transmission, at least 48 hours prior to the scheduled meeting.

(d) The following apply to conflict situations:

1. No person serving in any local enforcing agency shall participate as a board member in any case arising out of, or otherwise involving, that enforcing agency.

2. No employee of a public entity shall participate as a board member in any case involving any property owned or leased by that public entity.

3. No person shall participate as a board member in any case in which he or she has been involved as a supplier of services or materials, or has been involved in the preparation of plans or specifications, or has any other personal or financial interest.

(e) Except as otherwise provided in (e)1 below, failure of a regular or special member to be present at more than 50 percent of all meetings of the board during any calendar year shall be considered good cause for removal by the appointing authority; provided, however, that any meeting during which the member would be disqualified from participating in all scheduled matters, pursuant to (d) above, or any meeting for which arrangements were made in advance, with the consent of the chairperson, for the substitution of an alternate, shall not be considered in computing attendance for purposes of this subsection.

1. The attendance of special members shall not be required at any meeting at which no appeals under P.L. 1995, c.54 or P.L. 1999, c. 11 are scheduled to be heard, and any such meeting shall not be considered in computing the attendance of the special members.

N.J. Admin. Code § 5:23A-1.5

Amended by R.2004 d.36, effective 1/20/2004.
See: 35 New Jersey Register 4632(a), 36 New Jersey Register 467(a).
Inserted reference to P.L. 1999, c.11 throughout.