reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 2 - RULEMAKING GENERALLY › Section 1:30-2.1 - Clarity of rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to be accepted for filing, a
				document shall be written in a reasonably simple and understandable manner that
				is easily readable.
1. The document shall be
				drafted to provide adequate notice to:
i.
				Affected persons; and
ii.
				Interested persons with some subject matter expertise.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 2 - RULEMAKING GENERALLY › Section 1:30-2.2 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Specifically designated sections of the following sources may be incorporated
				into a rule by reference:
1. New Jersey
				Statutes Annotated;
2. United
				States Code;
3. New Jersey Session
				Laws;
4. Code of Federal
				Regulations;
5. Federal
				Register;
6. Any uniform system of
				accounts published by the National Association of Regulatory Utility
				Commissioners;
7. Any generally
				available standard published by any of the standardizing organizations listed
				in the National Bureau of Standards Special Publication 417, Director of United
				States Standardization Activities or supplements thereto or reissues thereof;
				or
8. Any other generally available
				publication approved by the Director.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 2 - RULEMAKING GENERALLY › Section 1:30-2.3 - Single subject for each section

Current through Register Vol. 56, No. 14, July 15, 2024
Each proposed or adopted section shall embrace but one
				  subject, and that shall be expressed in the section heading.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 2 - RULEMAKING GENERALLY › Section 1:30-2.4 - Authorization for rule activity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A notice of
				adoption shall be signed by the adopting agency head, or any other person
				authorized by statute.
(b) A notice
				of proposed rule or any other rule activity shall be signed either by:
1. The adopting agency head; or
2. By an agency employee who has been duly
				authorized by the agency head to propose rules, and for whom a written
				authorization signed by the agency head has been submitted to the Office of
				Administrative Law.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 2 - RULEMAKING GENERALLY › Section 1:30-2.5 - Effect of statement for proposed rule

Current through Register Vol. 56, No. 14, July 15, 2024
The statements for a proposed rule (1:30-5.1(c)  ) and
				  for any change upon adoption of a rule (1:30-6.1(b)12
				   through 15) are not part of the rule, but
				  are intrinsic parts of the proposal and adoption as published in the Register.
				  As such, these statements may be used in interpreting the rule.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 2 - RULEMAKING GENERALLY › Section 1:30-2.6 - Official copy of proposed, adopted, and promulgated rule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Register constitutes the authoritative text of any notice printed
				therein.
(b) The full text printed
				in the Register of any proposed rule, adopted rule, or any change made upon
				adoption of a proposed rule, constitutes the authoritative text of that
				proposed rule, adopted rule, or change. An official copy of the text printed in
				the Register shall be kept on file by the OAL.
(c) Where the full text of an adopted rule is
				not printed in the Register, the full text of the proposed rule printed in the
				Register, plus the full text of any change printed in the Register upon
				adoption, constitutes the authoritative text of the adopted and promulgated
				rule. An official copy of the text printed in the Register shall be kept on
				file by the OAL.
(d) Where the full
				text of any proposed rule, adopted rule, or change is not printed in the
				Register, the authoritative text is the copy submitted by the adopting agency
				and kept on file by the Office of Administrative Law.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 2 - RULEMAKING GENERALLY › Section 1:30-2.7 - Administrative corrections and changes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon
				being advised in writing by an agency or upon its own initiative, with notice
				to the appropriate agency, the OAL may make an administrative correction or
				change to any rule published in the New Jersey Register or New Jersey
				Administrative Code. An administrative correction or change shall be effective
				upon filing with the OAL.
(b) An
				administrative correction may be made to correct an error that is obvious,
				easily recognizable, or apparent to the promulgating agency and the regulated
				public. An administrative correction may be made to conform a proposed or
				adopted rule to the intent of the agency as expressed in the proposal or
				adoption statements. Administrative corrections may be made to correct any part
				of a rule including, but not limited to, its text, spelling, grammar,
				punctuation, codification, and cross-references.
(c) An administrative change may be made to
				recodify a rule. Administrative changes may also be made to amend a rule to
				provide the public with notice of nonregulatory changes that have occurred
				since the rule was adopted. Administrative changes may include, but are not
				limited to, changes in:
1. Names of
				departments, agencies, divisions, and bureaus;
2. Titles of specific individuals;
				and
3. Addresses, phone numbers,
				and business hours.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 2 - RULEMAKING GENERALLY › Section 1:30-2.8 - Appendices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appendices shall include only material
				that clarifies, illustrates, or explains a rule. An appendix may include, but
				is not limited to, the following:
1. Technical
				requirements or specifications;
2.
				Instructions;
3.
				Formulae;
4. Forms;
5. Examples of hypothetical cases;
6. Reprints of regulations, statutes, forms,
				etc., which originate elsewhere;
7.
				Lists of offices, their addresses and hours of business; and
8. Analyses or explanatory material regarding
				a rule, which may contain a rationale or derivation of the rule.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 2 - RULEMAKING GENERALLY › Section 1:30-2.9 - Organizational rule; rules of practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				agency shall:
1. Adopt as a rule, a
				description of its organization, stating the general course and method of its
				operations and the methods whereby the public may obtain information or make
				submissions or requests; and
2.
				Adopt rules of practice setting forth the nature and requirements of all formal
				and informal procedures available, including a description of all forms and
				instructions used by the agency, and, if not otherwise set forth in an agency's
				rules, a table of all permits and their fees, violations and penalties,
				deadlines, processing times, and appeals procedures.
i. As used in this paragraph, "permit" means
				any agency license, permit, certificate, approval, charter, registration, or
				other form of permission required by law.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 2 - RULEMAKING GENERALLY › Section 1:30-2.10 - Agency Internet website posting required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding any law, rule, or
				regulation to the contrary, each agency shall post, in a visible and publicly
				accessible location on the agency's Internet website:
1. The complete and current text of each
				State law under which the agency is granted its authority, and the complete and
				current text of each rule that has been adopted by the agency, or that is
				proposed for, or is pending, agency adoption; or
2. One or more URL addresses, which provide
				visitors to the agency's website with a direct link to the complete and current
				text of the documents listed in (a)1 above.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 3 - RULEMAKING CALENDARS › Section 1:30-3.1 - Publication of rulemaking calendars

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each agency
				shall publish in the New Jersey Register a quarterly calendar setting forth a
				schedule of the agency's anticipated rulemaking notice of proposal activities
				for the next six months. The calendars shall be published in the first New
				Jersey Register for the months of January, April, July, and October and shall
				be filed with the OAL in accordance with the OAL publication schedule (see
				N.J.A.C.
				1:30-1.14) on or before the filing deadline
				for notices of proposal.
(b) The
				calendar shall include:
1. The name of the
				agency;
2. The name of the agency
				head;
3. Specific citation of the
				rules to be affected;
4. Citation
				to the legal authority authorizing the rulemaking action;
5. A synopsis of the rulemaking and its
				objective or purpose; and
6. The
				month and year in which publication of the notice of proposal in the New Jersey
				Register is anticipated.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 3 - RULEMAKING CALENDARS › Section 1:30-3.2 - Calendar amendment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An agency shall notify the Director of
				the Office of Administrative Law when it wishes to amend its calendar of
				rulemaking activities. Such notice shall be in the form of a revised version of
				the rulemaking calendar published most recently prior to the amendment, and
				shall highlight the amendment, both in an explanatory statement and the
				appearance of the amendment text (additions in boldface, deletions in brackets)
				within the calendar. Notices of calendar amendment shall be filed with the OAL
				in accordance with the deadlines for filing notices of proposal set forth in
				the OAL publication schedule. An agency shall take no action on an amended
				rulemaking activity until at least 45 days following the first publication of
				the amended calendar in which the announcement of that amended rulemaking
				activity appears, if an amendment:
1.
				Involves the addition of any rulemaking activity to an agency's
				calendar;
2. Changes the
				anticipated month of proposal publication to an earlier month; or
3 Alters the objective, purpose, or subject
				matter synopsis of the rulemaking so as to change who or what shall be affected
				by the rulemaking and/or how they shall be affected.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 3 - RULEMAKING CALENDARS › Section 1:30-3.3 - Exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) TThe provisions of
				N.J.A.C.
				1:30-3.1 and 3.2 shall not apply to any
				rulemaking:
1. Required or authorized by
				Federal law, when failure to adopt rules in a timely manner will prejudice the
				State;
2. Subject to a specific
				statutory authorization requiring promulgation in a lesser time period than
				addition to a calendar would permit;
3. Involving an imminent peril subject to
				provisions of
				52:14B-4(c);
4. For which the agency has published a
				notice of pre-proposal of the rule in accordance with
				1:30-5.3(b) and
				(c); or
5. For which a comment period of at least 60
				days is provided.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 3 - RULEMAKING CALENDARS › Section 1:30-3.4 - Calendar copies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each agency shall include, in that
				portion of its Internet website concerned with rulemaking, its rulemaking
				calendar and a notice of the availability of its rulemaking calendar for the
				fee established at (c) below. If an agency's Internet website does not feature
				a portion devoted to rulemaking, the calendar or notice of the availability of
				the rulemaking calendar shall be included in that portion of the website
				otherwise used for public notices and/or information.
(b) In addition to the notice under (a)
				above, an agency shall provide notice of the availability of its rulemaking
				calendar for the fee established under (c) below in the same manner as it
				publicizes its proposed rulemakings under
				1:30-5.2(a)6.
(c) Agencies shall charge a fee for copies of
				their rulemaking calendars in accordance with
1:30-1.9(a)
.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 4 - PETITION FOR RULEMAKING › Section 1:30-4.1 - Notice of petition for rulemaking

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An interested
				person may petition an agency to adopt a new rule or amend or repeal an
				existing rule. Such petition may be submitted to an agency through mail,
				e-mail, or, if designed to receive messages, electronic mailing list, or
				through any other means.
(b) Each
				agency shall adopt a rule prescribing the form and procedures for the
				consideration and disposition of the petition. The petition shall state clearly
				and concisely: the substance or nature of the rulemaking that is requested; the
				reasons for the request and the petitioner's interest in the request; and
				references to the authority of the agency to take the requested action. The
				petitioner may provide the text of the proposed new rule, amended rule, or
				repealed rule.
(c) When a person
				petitions an agency to begin a rulemaking proceeding, the agency shall, within
				15 days of receipt of the petition, file with the Office of Administrative Law
				for publication in the Register a notice of the petition's receipt. The notice
				of petition shall include:
1. The name of the
				petitioner;
2. The substance or
				nature of the rulemaking action that is requested;
3. The problem or purpose that is the subject
				of the request; and
4. The date the
				petition was received.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 4 - PETITION FOR RULEMAKING › Section 1:30-4.2 - Agency response to petition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 60 days
				of receipt of a rulemaking petition, the agency shall either:
1. Deny the petition, in which case the
				agency shall provide a written statement of its reasons to the petitioner, and
				include such reasons in its notice of action;
2. Grant the petition and initiate a
				rulemaking proceeding within 90 days of the granting of the petition;
				or
3. Refer the matter for further
				deliberations, the nature of which shall be specified to the petitioner and in
				the notice of action and which shall conclude within 90 days of such referral.
				Upon conclusion of such further deliberations, the agency shall either deny the
				petition or grant the petition and initiate a rulemaking proceeding within 90
				days. The agency shall mail the results of these further deliberations to the
				petitioner and submit the results to the OAL for publication in the
				Register.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 4 - PETITION FOR RULEMAKING › Section 1:30-4.3 - Failure to respond to petition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an agency
				fails to act in accordance with the time frames set forth in
				1:30-4.2(a), the
				petitioner may request, in writing, a public hearing on the petition by
				submitting a request to the Director of the Office of Administrative Law. In
				order to be considered, such written request must be received by the Director
				of the Office of Administrative Law prior to the receipt by the Office of
				Administrative Law of a notice of proposal initiating rulemaking in furtherance
				of the granting of the petition.
(b) Upon receipt of a request for a hearing,
				the Director shall order a public hearing on the rulemaking petition. The
				Director shall provide the agency with a notice of the Director's intent to
				hold the public hearing if the agency does not.
(c) If the agency does not provide notice of
				a public hearing within 15 days of issuance of the Director's notice, the
				Director shall schedule a public hearing to be conducted by the Office of
				Administrative Law. Notice of that hearing shall be provided to the petitioner
				and the public at least 15 days prior to the hearing. Whether the hearing is
				conducted by the agency or the Office of Administrative Law, the agency shall
				publish notice of the hearing on its Internet website, at least 15 days prior
				to the hearing.
(d) If the public
				hearing is held by the Office of Administrative Law, it shall be conducted by
				an administrative law judge, a person on assignment from another agency, a
				person from the Office of Administrative Law assigned pursuant to
				52:14F-5, or an independent
				contractor assigned by the Director.
(e) The petitioner and the agency shall
				participate in the public hearing. At the hearing, they shall present a summary
				of their positions on the petition and a summary of the factual information on
				which their positions on the petition are based. They also shall respond to
				questions posed by any interested party. The hearing procedure shall otherwise
				be consistent with the requirements for the conduct of a public hearing as
				prescribed in
				1:30-5.5(d),
				except that, within 90 days after the hearing, the person assigned to conduct
				the hearing shall make a report summarizing the factual record presented and
				the arguments for and against proceeding with a rule proposal based upon the
				petition.
(f) The report shall be
				filed with the agency and delivered or mailed to the petitioner. A copy of the
				report shall be filed with the Legislature along with the petition for
				rulemaking.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 5 - PROPOSAL PROCEDURE › Section 1:30-5.1 - Notice of proposed rule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where the law
				requires that an agency give notice of its rulemaking proceedings, the agency
				shall prepare a "notice of proposal" and submit the notice to the OAL. The
				notice of proposal shall comply with the requirements of this
				section.
(b) The notice of proposal
				shall include a heading, which shall include, in the following order:
1. The heading of the Administrative Code
				Title affected (for example, the heading of Title 19 is "Other
				Agencies");
2. The element within
				the proposing agency (for example, the Division or Bureau) originating the
				notice;
3. A caption describing the
				subject matter of what is proposed;
4. A suggested N.J.A.C. citation for any
				proposed new rule and the existing citation for any rule(s) proposed for
				amendment, repeal, or readoption;
5. After "Authorized By:", the name of the
				adopting agency head and agency and the signature of the adopting agency head
				or other authorized signatory as provided in
				1:30-2.4;
6. After "Authority:", a citation to the
				specific N.J.S.A. statutory authority for the proposal or the Public Law number
				if an N.J.S.A. citation is unavailable. An agency may not cite its general
				statutory authority unless specific legal authority is unavailable and the
				agency is relying on its general or residual powers, in which case a statement
				to that effect shall be made in the Summary;
7. After "Calendar Reference:", the New
				Jersey Register publication date and citation of the rulemaking calendar most
				recently prior to the anticipated publication date of the notice of proposal.
i. If the rulemaking is excepted from the
				prior calendar listing requirement under
				1:30-3.3(a), this
				heading item shall reference the notice Summary. The Summary shall contain the
				explanation of the exception required under
				1:30-3.3(b). For
				example, the heading item may read, "Calendar Reference: See Summary below for
				explanation of exception to calendar requirement.";
8. An item headed "Proposal Number:", which
				shall be completed by the OAL; and
9. An announcement of the public's
				opportunity to be heard regarding the proposal, which shall include:
i. When, where, and how persons may present
				their views orally or in writing;
ii. When and where persons may attend any
				formal rule adoption proceeding;
iii. The name and address of the person(s) to
				receive paper comments submitted through the mail and, if an agency intends to
				receive oral comments telephonically, the telephone number of the person(s) to
				receive such comments;
iv. An
				address to which comments may be submitted through the agency's e-mail system
				or, if designed to receive messages, electronic mailing list; and
v. If the agency chooses to accept comments
				by electronic facsimile, a facsimile telephone number (FAX number).
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 5 - PROPOSAL PROCEDURE › Section 1:30-5.3 - Informal public input; notice of pre-proposal

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Where, prior to the initiation of a formal rulemaking proceeding, an agency
				seeks assistance in formulating a rule or wishes comments on a preliminary rule
				draft, it may solicit public input regarding the rulemaking. An agency may use
				any reasonable informal procedures and means of notice to solicit participation
				from the regulated or interested public.
(b) Where, pursuant to
				52:14B-4(e), an
				agency determines to conduct a deliberative proceeding with respect to a
				contemplated rulemaking, the agency shall submit a "notice of pre-proposal" to
				the OAL for publication in the New Jersey Register at least 30 days prior to
				submission of any formal notice of proposal on the same subject.
(c) The notice of pre-proposal shall include:
1. The name of the adopting officer and
				agency;
2. The subject matter,
				problem, and purpose which the agency contemplates addressing; and, when
				available, draft text of the contemplated rule;
3. A citation of the legal authority
				authorizing the contemplated action;
4. An announcement of the public's
				opportunity to be heard regarding the contemplated action, which shall include:
i. Where, when, and how persons may present
				their comments orally or in writing (see
				N.J.A.C.
				1:30-5.4, Opportunity to be heard);
				and
ii. When and where persons may
				attend an informal conference or consultation.
5. The title and nature of any committee, and
				where appropriate, the names and affiliations of any committee members,
				appointed to advise the agency with respect to any contemplated
				rulemaking.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 5 - PROPOSAL PROCEDURE › Section 1:30-5.4 - Opportunity to be heard

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The agency
				shall accept written or oral comments, arguments, data, and views for at least
				30 days following publication in the Register of the notice of pre-proposal or
				a notice of proposal.
1. If, within 30 days
				of the publication of a notice of proposal, sufficient public interest is
				demonstrated in an extension of the time for submission of comments, the agency
				shall provide an additional 30-day period for the receipt of comments by
				interested parties. The agency shall not adopt the proposed rule until after
				the end of that 30-day extension.
i.
				"Sufficient public interest" for granting an extension of the comment period
				pursuant to this paragraph shall be determined by the proposing agency based
				upon definite standards it has adopted as part of its rules of practice
				required under
				52:14B-3(2).
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 5 - PROPOSAL PROCEDURE › Section 1:30-5.5 - Public hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An agency shall conduct a public hearing
				on a proposed rulemaking if requested to do so by a Legislative Committee, a
				State agency, or a county, local, or municipal governmental entity or if
				sufficient public interest is shown. The party requesting the public hearing
				shall submit the request to the agency within 30 days following publication of
				the notice of proposal in the Register.
1.
				"Sufficient public interest" for conducting a public hearing pursuant to this
				subsection shall be determined by the proposing agency based upon definite
				standards it has adopted as part of its rules of practice required under
				52:14B-3(2).
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 5 - PROPOSAL PROCEDURE › Section 1:30-5.6 - Rulemaking record

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The agency shall retain a record of any
				oral and written comments or other material received in response to a notice of
				proposal (N.J.A.C. 1:30-5.1) or a public
				hearing (N.J.A.C. 1:30-5.5) for a period of
				one year following the date of publication. The rulemaking record shall include
				the following:
1. The date, the method of
				issuance, and a copy of any notices concerning the rule activity, including:
i. Any notice mailed or e-mailed pursuant to
1:30-5.2(a)
3;
ii. The notice
				distributed to the news media pursuant to
				N.J.A.C.
				1:30-5.2(a)4; and
iii. The additional publicity pursuant to
				N.J.A.C.
				1:30-5.2(a)6.
iv. Any additional publicity pursuant to
				1:30-5.2(a)6.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 6 - PROCEDURE UPON ADOPTION › Section 1:30-6.2 - Time for filing notice of adoption

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No notice of
				adoption, other than that for an emergency rule, organizational rule, or a
				Federally required rule, shall be accepted for filing until either 60 days
				after the publication of the notice of proposal by the Office of Administrative
				Law or the passage of whatever comment period is established under
				N.J.A.C.
				1:30-5.4(a), whichever is
				later.
(b) Any notice of adoption
				submitted for filing shall be reviewed by the Office of Administrative Law
				within not more than five business days after the submission deadline for
				notices of adoption for the issue of the New Jersey Register for which the
				notice was submitted. Any notice of adoption that is found to be in
				non-compliance with
				N.J.S.A.
				52:14B-1et seq., and this chapter shall be
				subject to the provisions of NJ.A.C. 1:30-1.12.
(c) If a notice of proposal has not been
				adopted and filed with the OAL within one year from the date the notice of
				proposal was published in the Register, or within 18 months of such date in
				accordance with
				N.J.A.C.
				1:30-6.3(e), the notice of
				proposal shall expire. Before the proposed rule amendment, repeal, or
				readoption can be adopted, the agency must resubmit the notice of proposal for
				publication in the Register and must comply again with the notice and
				opportunity to be heard requirements of the Act.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 6 - PROCEDURE UPON ADOPTION › Section 1:30-6.3 - Variance between the rule as proposed and as adopted

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where,
				upon the conclusion of the public comment period for a notice of proposal, an
				agency determines to make substantial changes to the proposed rule, the agency
				shall either:
1. Publish a new notice of
				proposal that incorporates the substantial changes and supersedes, entirely or
				in part, the previously published notice of proposal; or
2. Utilize the process set forth in (c) below
				to permit public consideration of and comment on the changes before adoption of
				the notice of proposal.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 6 - PROCEDURE UPON ADOPTION › Section 1:30-6.4 - Expiration date for adopted rule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every adopted
				or readopted chapter in the New Jersey Administrative Code shall expire seven
				years after the chapter's original or readoption effective date, unless a
				sooner expiration date is established in accordance with (g) below; a sooner or
				later expiration date is required pursuant to the statute authorizing the
				chapter; or no expiration date is required pursuant to (c) below. All notices
				of adoption filed with the OAL shall include the expiration date(s) of the
				rules affected by the notice of adoption.
(b) Expiration dates shall be fixed at the
				chapter level. An adopted new chapter shall have an expiration date of no more
				than seven years from the chapter's effective date.
(c) No expiration date need be included where
				the adopting agency establishes in writing that the rules in a chapter are
				exempt from the expiration date requirement under (c)1 or 2 below:
1. The provisions of the rules are prescribed
				by Federal law, so that the agency exercises no discretion as to whether to
				promulgate the rules and as to what is prescribed by the rules, in which case
				the Federal law shall be cited in the notice of adoption; or
2. The expiration of the rules would violate
				any other Federal or State law, in which case the Federal or State law shall be
				cited in the notice of adoption.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 6 - PROCEDURE UPON ADOPTION › Section 1:30-6.5 - Emergency rule adoption and concurrent proposal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				agency adopting an emergency rule pursuant to NJ.S.A. 52:14B-4(c) shall comply
				with the requirements of the adoption process set forth in NJ.A.C. 1:30-6.1.
				The documents to be filed for an emergency rule adoption shall include:
1. A Certificate of Proposal, Adoption, and
				Promulgation (form OAL APF-(year)-(version) (for example, Form OAL APF-17-1))
				signed by the agency head adopting the emergency rule;
2. A written summary of the subject matter of
				the emergency rules, which includes a finding that there is an imminent peril
				that necessitates emergency proceedings; the basis for the finding; and social
				and economic factors that bear upon the finding;
3. A signed statement from the Governor
				concurring as to the existence of an imminent peril that justifies the
				emergency rulemaking proceeding; and
4. The text of the emergency rule.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 6 - PROCEDURE UPON ADOPTION › Section 1:30-6.6 - Effective date and promulgation of adopted rule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				following rules are effective upon filing with the OAL:
1. Any rule adopted as an emergency rule
				pursuant to
				1:30-6.5(b) and
				(d);
2. Any rule readopted pursuant to
				52:14B-5.1 (see
				1:30-6.4(f) 
				);
3. Any rule adopted as an
				organizational rule pursuant to
				52:14B-4(b);
				or
4. Any concurrent rule, the
				adoption of which is filed prior to the expiration of the emergency
				rule.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 6 - PROCEDURE UPON ADOPTION › Section 1:30-6.7 - Timely filing of notice of adoption

Current through Register Vol. 56, No. 14, July 15, 2024
In order to avoid the expiration of a chapter or a proposed
				  rulemaking, or to avoid a break in effectiveness between an emergency adoption
				  and the adoption of a concurrent notice of proposal, a notice of adoption shall
				  be filed on or before the expiration date of the chapter, notice of proposal,
				  or emergency adoption. If such date falls on a Saturday, Sunday, or legal
				  holiday, the filing shall occur no later than the next business day after the
				  expiration date.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 31 - ORGANIZATION OF THE OFFICE OF ADMINISTRATIVE LAW › Subchapter 1 - OPERATION AND PROCEDURES OF THE OFFICE OF ADMINISTRATIVE LAW › Section 1:31-1.1 - Functions of the Office

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office of
				Administrative Law (OAL) created by statute in 1978, is independent of any
				executive department, board, division, commission, agency, council, authority,
				office, or officer of the State of New Jersey. The OAL performs four major
				functions:
1. Conducts contested case
				hearings, as provided in
				52:14B-10 and
				52:14F-8, and with the consent of
				the Director conducts other administrative hearings if requested by an agency
				head. In general, the Office of Administrative Law acquires contested case
				jurisdiction over a matter after an agency head determines that a contested
				case exists and subsequently files the case with the OAL, as provided in
				N.J.A.C. 1:1-1;
2. Promulgates
				rules for the conduct of contested case hearings. Rules are promulgated to
				assist judges, attorneys, and contested case parties by clarifying legal
				requirements;
3. Supervises,
				coordinates and records rulemaking proceedings within the Executive Branch.
				Under the authority of
				52:14F-5(f), the
				OAL oversees agency compliance with the Administrative Procedure Act
				(52:14B-1 et seq. and
				52:14F-1 et seq.) and through
				N.J.A.C. 1:30-1 has established standards to guide agency rulemaking.
4. Publishes the New Jersey Register and the
				New Jersey Administrative Code and makes copies of initial decisions available
				through the Rutgers Newark School of Law website njlaw.rutgers.edu. The
				publication function of the OAL is multifaceted:
i. Publication of proposed rules in the New
				Jersey Register gives an interested person an opportunity to comment and
				object;
ii. Publication of adopted
				rules in both the New Jersey Register and New Jersey Administrative Code
				provides a ready, updated reference to State agency rules; and
iii. Availability of decisions in contested
				cases provides the public with access to administrative
				adjudications.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 31 - ORGANIZATION OF THE OFFICE OF ADMINISTRATIVE LAW › Subchapter 1 - OPERATION AND PROCEDURES OF THE OFFICE OF ADMINISTRATIVE LAW › Section 1:31-1.3 - Public information requests and submissions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				member of the public may obtain information or make a submission or a request,
				or file a petition concerning any program of the Office of Administrative Law
				by contacting the Public Information Officer, Office of Administrative Law, PO
				Box 049, Trenton, New Jersey 08625-0049.
(b) Any person may obtain copies of State
				agency rules, or may obtain information about the New Jersey Register or
				Administrative Code by contacting the Division of Administrative Rules, PO Box
				049, Trenton, New Jersey 08625-0049. Register and Code subscription information
				can be obtained from the publisher, LexisNexis, at 1-800-833-9844 or at
http://www.lexisnexis.com
.
(c) The cost for copies of documents is in
				accordance with
				47:1A-5.b.
(d) Payment for copies under (c) above may be
				made by check payable to Treasurer, State of New Jersey.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 31 - ORGANIZATION OF THE OFFICE OF ADMINISTRATIVE LAW › Subchapter 2 - PROCEDURES OF THE OFFICE OF ADMINISTRATIVE LAW › Section 1:31-2.1 - Procedure to petition for a rule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An interested
				person may petition for the promulgation, amendment, or repeal of any rule of
				the Office of Administrative Law. A petition shall be legible, intelligible,
				and signed by the petitioner, and may be submitted via e-mail, mail, or any
				other means. Each petition shall contain the following information:
1. The full name and address of the
				petitioner;
2. The substance or
				nature of the rulemaking which is requested;
3. The reasons for the request;
4. The statutory authority under which the
				Office of Administrative Law may take the requested action.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 31 - ORGANIZATION OF THE OFFICE OF ADMINISTRATIVE LAW › Subchapter 2 - PROCEDURES OF THE OFFICE OF ADMINISTRATIVE LAW › Section 1:31-2.2 - Extension of comment period on proposed rulemaking activity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				designated public comment period for any rule proposed by the Office of
				Administrative Law shall be extended for a period of 30 additional days when
				sufficient public interest is demonstrated in an extension of the time for
				comment submission or whenever deemed appropriate by the Director.
1. Sufficient public interest for granting an
				extension of the public comment period exists whenever 10 or more individuals
				or entities have requested an extension of the comment period to the Office of
				Administrative Law. This communication may be submitted either orally or in
				writing, via hand delivery, mail, or e-mail, to the individual designated to
				receive comments in the notice of rule proposal within 30 days of publication
				of the proposal.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 31 - ORGANIZATION OF THE OFFICE OF ADMINISTRATIVE LAW › Subchapter 2 - PROCEDURES OF THE OFFICE OF ADMINISTRATIVE LAW › Section 1:31-2.3 - Public hearing on proposed rulemaking activity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Office of Administrative Law shall conduct a public hearing on a proposed rule
				if, within 30 days following publication of the proposed rule in the New Jersey
				Register:
1. A public hearing is requested by
				a committee of the Legislature;
2.
				A public hearing is requested by a governmental agency or
				subdivision;
3. Sufficient public
				interest in a public hearing is demonstrated. Sufficient public interest in a
				public hearing shall be demonstrated whenever 10 or more individuals or
				entities request, either orally or in writing, such hearing. Such notice shall
				include the basis for the request; or
4. Whenever deemed appropriate by the
				Director.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 31 - ORGANIZATION OF THE OFFICE OF ADMINISTRATIVE LAW › Subchapter 2 - PROCEDURES OF THE OFFICE OF ADMINISTRATIVE LAW › Section 1:31-2.4 - Additional notice of rulemaking activity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Office of Administrative Law shall provide at least 30 days notice of all
				proposed rulemaking. Notice shall be provided in the following manner:
1. Publication in the New Jersey
				Register;
2. Distribution of a
				notice or statement of the substance of the proposed rulemaking activity to the
				news media maintaining a press office in the New Jersey State House
				Complex;
3. Posting of the notice
				on the official website of the New Jersey Office of Administrative Law at
www.state.nj.us/oal
;
4. Mailing or e-mailing of the notice or a
				statement of the substance of the proposed rulemaking activity to:
i. All persons who have made timely requests
				to the Office of Administrative Law for advance notice of its rulemaking
				proceedings;
ii. Persons or
				organizations likely to be affected by or interested in the intended action,
				including, but not limited to, the New Jersey State Bar Association and to any
				appropriate committees thereof; the New Jersey Office of Attorney General; New
				Jersey State administrative agencies; public interest groups; New Jersey Legal
				Services; and labor and trade unions; and
iii. Persons on the Office of Administrative
				Law's electronic mailing list; and
5. Disseminating a press release to select
				major local media.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 31 - ORGANIZATION OF THE OFFICE OF ADMINISTRATIVE LAW › Subchapter 3 - DISCIPLINE OF ADMINISTRATIVE LAW JUDGES › Section 1:31-3.1 - General causes for discipline

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Director of the Office of Administrative Law may discipline an administrative
				law judge for:
1. Willful misconduct
				including misconduct which, although not directly pertaining to judicial
				duties, brings the office into disrepute or is prejudicial to the
				administration of justice;
2.
				Willful, persistent, or negligent failure of a judge to perform judicial
				duties, including incompetent performance of judicial duties;
3. Intemperance, including injudicious
				personal conduct, recurring loss of temper or control, abuse of alcohol, or the
				abuse of controlled dangerous substances;
4. Any conduct which constitutes a violation
				of the OAL Office Policies for Administrative Law Judges or the Code of
				Judicial Conduct for Administrative Law Judges; or
5. Other sufficient cause.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 31 - ORGANIZATION OF THE OFFICE OF ADMINISTRATIVE LAW › Subchapter 3 - DISCIPLINE OF ADMINISTRATIVE LAW JUDGES › Section 1:31-3.2 - Complaints and forms of discipline

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon
				becoming aware of any circumstance, statement, criticism, or complaint, which
				is not obviously unfounded or frivolous, which does not relate solely to a
				matter subject to an appeal, and which indicates that an administrative law
				judge has committed any conduct described in
				1:31-3.1, the Director may initiate
				proceedings to impose disciplinary sanctions. Such sanctions shall include, but
				not be limited to:
1. The issuance of a
				private reprimand;
2. The issuance
				of a public reprimand;
3. The
				imposition of a fine;
4. A
				suspension of up to six months; or
5. A recommendation to the Governor for
				removal, pursuant to Art. V, Sec. IV, Par. 5 of the New Jersey Constitution.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 31 - ORGANIZATION OF THE OFFICE OF ADMINISTRATIVE LAW › Subchapter 3 - DISCIPLINE OF ADMINISTRATIVE LAW JUDGES › Section 1:31-3.3 - Minor discipline

Current through Register Vol. 56, No. 14, July 15, 2024
When the Director seeks to impose a written or oral
				  reprimand, public or private, an administrative law judge shall receive formal
				  notification of the charges and shall be afforded an opportunity to review the
				  charges and to respond to the Director either orally or in writing. No formal
				  hearing will be provided. The notice to the judge shall specify in ordinary and
				  concise language the charges against the judge and the alleged facts upon which
				  they are based. The decision of the Director shall be final.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 31 - ORGANIZATION OF THE OFFICE OF ADMINISTRATIVE LAW › Subchapter 3 - DISCIPLINE OF ADMINISTRATIVE LAW JUDGES › Section 1:31-3.4 - Penalty beyond reprimand

Current through Register Vol. 56, No. 14, July 15, 2024
When the Director believes that a penalty greater than an
				  oral or written reprimand may be appropriate, the Director may forward the
				  matter to the Office of Administrative Law Advisory Committee on Judicial
				  Conduct or issue a formal complaint and order in accordance with
				  1:31-3.8.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 31 - ORGANIZATION OF THE OFFICE OF ADMINISTRATIVE LAW › Subchapter 3 - DISCIPLINE OF ADMINISTRATIVE LAW JUDGES › Section 1:31-3.5 - Establishment of OAL Advisory Committee on Judicial Conduct

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There is
				established an OAL Advisory Committee on Judicial Conduct to investigate
				complaints referred by the Director concerning judicial conduct and to give
				advisory opinions, recommendations, and reports to the Director of the Office
				of Administrative Law. The Committee shall consist of three members who shall
				be appointed by the Director for terms expiring respectively one, two, and
				three years after appointment, whose respective successors shall be appointed
				upon the expiration of such terms and annually thereafter to serve three-year
				terms. A Committee member may be reappointed at the discretion of the Director.
				The Director may appoint any administrative law judge to serve as a member of
				the Committee. If willing to serve, retired administrative law judges or
				retired judges of the Superior Court of New Jersey may be eligible for
				appointment to the Committee at the discretion of the Director. The Director
				shall appoint one member to serve as Chairperson. All appointments to fill
				vacancies shall be for the unexpired term.
(b) No action of the Committee shall be valid
				unless concurred to by a majority of its membership.
(c) An employee of OAL designated by the
				Director will serve as secretary to the Committee.
(d) The Committee shall be provided with
				clerical and administrative assistance as may be needed to perform its
				function. If a criminal investigation is required, the matter shall be referred
				to the Attorney General.
(e) All
				papers filed with and proceedings before the Committee shall be confidential.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 31 - ORGANIZATION OF THE OFFICE OF ADMINISTRATIVE LAW › Subchapter 3 - DISCIPLINE OF ADMINISTRATIVE LAW JUDGES › Section 1:31-3.6 - Preliminary investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Committee shall conduct a preliminary investigation at the request of the
				Director. To perform a preliminary investigation, the Committee may utilize the
				following methods:
1. It may request that the
				Director provide sufficient resources to conduct an investigation of the
				matter.
2. Unless the circumstances
				render it unnecessary or inappropriate, the Committee may require the
				complainant to file with the Committee a statement signed under oath against
				the judge.
3. The Committee shall
				notify the judge of the nature of the charge, the name of the person making it
				where appropriate, and that the judge has the opportunity to present within
				such reasonable time as the Committee shall fix, such matters as the judge may
				choose with respect to it. This includes the right to appear before the
				Committee, with or without counsel, and to make a statement under oath as the
				judge deems appropriate. If deemed appropriate, the Committee may request that
				the complainant make a supplemental statement under oath. These statements, if
				oral, shall be sound recorded.
4.
				The notice to the judge shall specify in ordinary and concise language the
				charges against the judge and the alleged facts upon which they are based.