N.J. Admin. Code § 7:50-7.5

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

Section 7:50-7.5 - Action on petitions for amendment

(a) Within 30 days following receipt of a petition for amendment filed pursuant to 7:50-7.3(b), the Executive Director shall determine whether said petition is complete. Should the Executive Director determine that the petition is not complete, he or she shall mail a written statement to the petitioner specifying the information necessary to complete the submission. No further action on the petition shall be taken until the necessary information is received.

(b) Upon determining that a petition for amendment is complete, the Executive Director shall so notify the petitioner and shall, within 15 days, prepare and file a notice of petition for rulemaking with the Office of Administrative Law in accordance with N.J.A.C. 1:30- 3.6(a). The Executive Director shall thereafter publish the notice of petition on the Commission's website.

(c) Within 30 days of determining that a petition for amendment is complete, the Executive Director shall review the petition and determine whether it raises substantial issues with respect to whether the amendment proposed by the petitioner should be adopted. If the Executive Director determines that such substantial issues are raised, he or she shall notify the Commission and the petitioner of his or her determination and that the petition is under consideration by the staff. If the Executive Director determines that no substantial issues are raised and that further review of the petition is not warranted, he or she shall so notify the Commission and the petitioner and thereafter recommend that the Commission deny the petition. The Executive Director shall file a notice of his or her determination, and that the petition has been referred to the Commission for a final decision in accordance with (d) below, with the Office of Administrative Law for publication in the New Jersey Register.

(d) Within 90 days of receipt of a complete petition for amendment, the Commission shall enter a final order on the petition. In accordance with N.J.A.C. 1:30-3.6(b), the Commission's action on a petition may include:

1. Denial of the petition;

2. Approval of the petition and the filing of a notice of proposed rule in accordance with 7:50-7.4(a) with the Office of Administrative Law; or

3. Referral of the matter to the Executive Director for further review, the nature of which shall be specified and which shall conclude within 60 days of the referral on a specified date.

(e) The Executive Director shall notify the petitioner of the Commission's action and shall prepare and file a notice with the Office of Administrative Law for publication in the New Jersey Register in accordance with N.J.A.C. 1:30-3.6(b).

N.J. Admin. Code § 7:50-7.5

Amended by 50 N.J.R. 969(a), effective 3/5/2018