N.J. Admin. Code § 19:9-6.3

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

Section 19:9-6.3 - Petition for rulemaking: procedure of the Authority

(a) Upon receipt of a petition in compliance with this subchapter, the Authority shall, within 15 days of receipt, 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 calendar days of receiving the petition, the Authority shall 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 New Jersey Register citation for the notice of petition, if that notice appeared in a previous New Jersey Register;

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

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

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

(c) Authority action on a petition may include:

1. Denying the petition. If the petition is denied, the petitioner will be provided with a written statement of the Authority's reasons for the denial;

2. Granting the petition. If the petition is granted, the Authority will initiate a rulemaking proceeding no later than 90 calendar days after the petition is granted; or

3. Referring the matter for further deliberations by and among appropriate Authority staff. If the matter is referred for further deliberations, the nature of the deliberations will be given in writing to the petitioner and the deliberations must conclude within 90 calendar days after the matter is referred.

i. Upon the conclusion of further deliberations, the Authority shall either deny or grant the petition. If the petition is granted, the Authority shall initiate a rulemaking proceeding within 90 calendar days. The Authority will mail the results of these deliberations to the petitioner and submit the results to the Office of Administrative Law for publication in the New Jersey Register.

N.J. Admin. Code § 19:9-6.3

Amended by 49 N.J.R. 3236(b), effective 9/18/2017