N.J. Admin. Code § 10A:71-1.11

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

Section 10A:71-1.11 - Additional opportunity to be heard upon showing of sufficient public interest

(a) The Board, in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and N.J.A.C. 1:30, Office of Administrative Law Rules for Agency Rulemaking, may extend the time for the submission of public comments on a proposed rulemaking, at its discretion, without the need for a specific request or demonstration of sufficient public interest.

(b) The Board, in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and N.J.A.C. 1:30, Office of Administrative Law Rules for Agency Rulemaking, shall extend the time period for submission of public comments for an additional 30 day period, if within 30 days of the publication of a notice of proposal sufficient public interest is demonstrated in an extension of time to submit comments.

(c) Sufficient public interest is demonstrated in regard to an extension of the comment period when 50 individuals or more have either expressed in writing the need for the extension of the comment period or disagreement with one or more substantive provisions of the rule proposal.

(d) The Board in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and N.J.A.C. 1:30, Office of Administrative Law Rules for Agency Rulemaking, may conduct a public hearing on a proposed rulemaking, at its discretion, without the need for a specific request or the demonstration of sufficient public interest.

(e) The Board in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and N.J.A.C. 1:30, Office of Administrative Law Rules for Agency Rulemaking, shall conduct a public hearing on a proposed rulemaking at the request of a Legislative Committee, a State agency, or a county, local or municipal governmental entity, if such request is made to the Board within 30 days of the publication of a notice of proposal, or if sufficient public interest is demonstrated.

(f) Sufficient public interest is demonstrated in regard to the conducting of a public hearing when 100 or more individuals have either expressed in writing the need for a public hearing on the rule proposal or disagreement with one or more substantive provisions of the rule proposal.

(g) In the calculation of the number of comments received for the purpose of determining sufficient public interest pursuant to (c) above, the Board shall not consider the following:

1. Comments that relate to other amendments suggested by the commenter which the Board does not have the legal authority to make;

2. Comments submitted in support of a proposed new rule or rule modification or amendment; or

3. Comments that relate to proposed new rule or rule modification or amendment which the Board is required to make pursuant to statutory amendment, case law, or legal advice provided by the Department of Law and Public Safety.

(h) In the calculation of the number of comments received for the purpose of determining sufficient public interest pursuant to (f) above, the Board shall not consider the following:

1. Comments that relate to other amendments suggested by the commenter which the Board does not have the legal authority to make;

2. Comments submitted in support of a proposed new rule or rule modification or amendment;

4. Comments from incarcerated individuals not authorized to attend a public hearing.

N.J. Admin. Code § 10A:71-1.11

New Rule, R.2002 d.175, effective 6/3/2002.
See: 34 New Jersey Register 359(a), 34 New Jersey Register 1918(b).