N.J. Admin. Code § 7:50-7.4

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:50-7.4 - Action on proposed amendments

(a) Upon the proposal of an amendment pursuant to 7:50-7.3(a), the Commission shall determine whether it is desirous of amending this Plan so as to implement the proposed amendment. If so, the Executive Director shall submit the proposed amendment and any required supporting documentation to the Office of Administrative Law for publication in the New Jersey Register as a notice of proposal in accordance with N.J.A.C. 1:30-5. The notice of proposal or a statement of substance of the proposed rulemaking shall thereafter be:

1. Posted and made available electronically on the Commission's website;

2. Distributed to the news media maintaining a press office in the State House Complex;

3. Distributed to those persons who have made timely request to the Commission for notice of its proposed rulemaking activities; and

4. Made available to the public by an additional manner reasonably calculated to inform those persons most likely to be affected by or interested in the proposed rulemaking. The additional method of publicity shall include information on the time, place and manner in which interested persons may submit comments and shall consist of:

i. Mailing to a distribution list of those known individuals and organizations that are the subject of or significantly related to or affected by the proposed rulemaking;

ii. Distribution of a press release to the news media; or

iii. Publication of a notice in those official newspapers of the Commission having general circulation in the area(s) that may be affected by the proposed rulemaking.

(b) A minimum period of 30 days from the date of publication of the proposed amendment in the New Jersey Register shall be provided for receipt of public comment. During the 30 day period, a public hearing shall be held for purposes of considering the proposed amendment. The Commission shall conduct the hearing pursuant to the provisions of N.J.A.C. 7:50-4 and the New Jersey Administrative Procedure Act, 52:14B-1 et seq.

(c) The Commission may extend the time for submission of public comments on a proposed amendment to this Plan, at its discretion, without the need for a specific request or the demonstration of sufficient public interest.

(d) The Commission shall extend the time for submission of public comments on a proposed amendment to this Plan 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. No such extension shall be required in those instances where the Commission has provided for an initial comment period of at least 60 days in length. Sufficient public interest shall be deemed to exist when, based on written request(s) for an extension or on the comments received within the initial public comment period:

1. The Commission determines that:

i. The proposed amendment is complex and/or involves a significant change to this Plan; or

ii. The request(s) to extend the comment period encompass a broad range of interests; and

2. The Commission determines that extension of the comment period is likely to result in the receipt of comments relevant to the proposed amendment that raise issues or provide new information, data or findings that were not previously raised or provided during the development of the proposed amendment or during the initial comment period.

(e) Upon the conclusion of the public comment period, the Commission may enter a final order on the proposed amendment. The Executive Director shall prepare and file notice of any action taken by the Commission with the Office of Administrative Law for publication in the New Jersey Register in accordance with N.J.A.C. 1:30-6.

N.J. Admin. Code § 7:50-7.4

Repeal and New Rule, R.2001 d.103, effective 4/2/2001.
See: 32 New Jersey Register 4037(a), 33 New Jersey Register 1095(a).
Amended by R.2004 d.49, effective 2/2/2004.
See: 35 New Jersey Register 3504(a), 36 New Jersey Register 887(a).
Rewrote (a); added a new (c), and recodified former (c) as (e) and amended the N.J.A.C. reference; added (d).