New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 6 - PROCEDURE UPON ADOPTION › Section 1:30-6.1 - Notice of adoption

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an agency adopts a proposed rule,
				the agency shall prepare a "notice of adoption" and submit the notice to the
				OAL. The notice of adoption shall comply with the requirements of this
				section.
(b) The notice of adoption
				shall contain, 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 adopting agency (for example, the Division or Bureau)
				originating the notice;
3. A
				caption describing the subject matter of what is adopted;
4. The N.J.A.C. citation for any adopted new
				rule and the existing citation for any rule (s) amended, repealed, or
				readopted;
5. After "Proposed:",
				the publication date of the notice of proposal and the New Jersey Register
				citation of that notice;
6. After
				"Adopted:", the date of adoption and the name, title, and signature of the
				adopting agency head or any other person authorized by statute to adopt agency
				rules;
7. After "Filed:", the date
				the notice of adoption is filed with the OAL and whether the proposed
				rulemaking is adopted "without change" from the proposal, with "non-substantial
				changes not requiring additional public notice or comment (see
				N.J.A.C.
				1:30-6.3)," with "substantial changes to
				proposal after additional notice and public comment, pursuant to
				N.J.S.A.
				52:14B-4.1," or some combination
				thereof;
8. After "Authority:", a
				citation to the specific N.J.S.A. statutory authority for the rulemaking 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 must have been made in the proposal
				Summary;
9. After "Effective
				Date:", the effective date of the notice of adoption;
10. If applicable, after "Operative Date:",
				the operative date of the notice of adoption, if later than the date of
				Register publication;
11. After
				"Expiration Date:", the expiration date(s) of the rule(s) adopted, amended,
				repealed, or readopted established in accordance with NJ.A.C. 1:30-6.4. If the
				rule(s) affected is exempt from having an expiration date, a statement of that
				exemption, including its basis, shall be provided;
12. If appropriate, a Summary of Hearing
				Officer's Recommendations and Agency Responses pursuant to
				1:30-5.5;
13. A Summary of Public Comments and Agency
				Responses, that shall include a summary of the comments, arguments, data and
				views received, and points of controversy developed during the rulemaking
				proceeding; the reasons for adopting the public comments accepted; and the
				reasons for rejecting the public comments rejected.
i. Except for commenters requesting
				confidentiality or commenters whose confidentiality is protected by law, this
				summary shall include the names of all persons who submitted oral or written
				comments, arguments, data, and views concerning the notice of proposal. If the
				person is commenting on behalf of an entity, the adopting agency shall list as
				the commenter either the person and the entity for which the person is
				commenting, or the entity alone;
14. Summary of Changes Upon Adoption,
				describing any changes between the rules as proposed and adopted, and the
				reasons for the changes. Changes upon adoption described and explained in the
				notice of adoption in response to a comment need not be included in this
				summary, in which case this portion of the notice would be a Summary of
				Agency-Initiated Changes;
15. A
				Federal Standards Statement (or a Federal Standards Analysis and agency head
				certification) as required by
				N.J.A.C.
				1:30-5.1(c)4.
i. If there are no changes upon adoption, the
				statement or analysis published as part of the notice of proposal may be
				included;
ii. If there are changes
				upon adoption that affect whether or not the rule exceeds Federal standards or
				requirements or that require reproposal, the changes shall be evaluated and a
				new statement or analysis prepared pursuant to
				N.J.A.C.
				1:30-5.1(c)4iii;
				and
16. The text of any
				changes between the rules as proposed and as adopted, specifically indicating
				additions and deletions.