New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 30 - RULES FOR AGENCY RULEMAKING › Subchapter 1 - GENERAL PROVISIONS › Section 1:30-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
"Act" means the Administrative Procedure Act,
				  52:14B-1
				  et seq.
"Administrative correction or change" means a correction or
				  change to the text of a rule without formally promulgating the amendment (see
				  1:30-2.7 ).
"Adopt" means the action whereby a rule is officially
				  approved and authorized for promulgation by an adopting agency.
"Adopting agency" means that agency authorized by law to
				  conduct a rulemaking proceeding.
"Agency" or "State agency" is defined in
				  52:14B-2(a).
"Adopting agency head" means either that person designated by
				  statute as authorized to promulgate rules, or the principal executive officer
				  or an authorized adopting agency.
"Amend" means to modify, alter, revise, or suspend the
				  operative effect of a previously promulgated rule.
"Appendix" means any collateral material that serves to
				  clarify, illustrate, or explain a rule.
"Code" means the New Jersey Administrative Code, published
				  pursuant to
				  52:14B-7(a).
"Codify" means to devise, pursuant to
				  52:14B-7(f),
				  the form in which rules are published to achieve a logical and consistent
				  arrangement of the provisions.
"Director" means the Director of the Office of Administrative
				  Law.
"Division of Administrative Rules" means that Division of the
				  Office of Administrative Law to which documents shall be submitted for
				  publication in the New Jersey Register; that reviews such documents for
				  compliance with this chapter and the Act; that maintains permanent records
				  concerning rule promulgation; and that provides assistance to agencies
				  concerning the preparation, consideration, publication, and interpretation of
				  rules.
"Document" means any writing submitted to the Office of
				  Administrative Law by an agency for the purpose of filing, publishing, or other
				  processing pursuant to law. The singular of this term refers to the entirety of
				  each writing although such writing establishes or affects more than one rule or
				  subject matter, or consists of more than one page or part.
"Effective" means that a rule, pursuant to the Constitution,
				  the Act and this chapter, has been duly adopted, filed with the Office of
				  Administrative Law, and in the case of a new rule, amendment, or repeal,
				  promulgated in the New Jersey Register. A readoption is effective upon timely
				  filing with the OAL.
"Electronic mailing list" means a computer program that
				  allows agency website visitors, at their discretion, to subscribe to, or
				  unsubscribe from, an e-mail discussion group or e-mail mailing list controlled
				  by the agency, and which program enables the agency to automatically send
				  e-mail messages to multiple e-mail addresses on the user-generated subscriber
				  list.
"Emergency adoption" means the promulgation of an amendment,
				  repeal, or new rule without public comment in response to an imminent peril to
				  the public health, safety, and welfare (see
				  N.J.S.A.
				  52:14B-4(c)  and
				  N.J.A.C.
				  1:30-6.5).
"Executive Order No. 27 (1994)" means the 27th executive
				  order issued by Governor Whitman in 1994. Commonly referred to as the "Federal
				  standards" provision, the executive order requires a statement or analysis as
				  to whether a rule exceeds standards or requirements imposed by Federal law.
				  Federal law includes statutes, rules, regulations, orders, directives, or
				  guidelines.
"Exempt agency" means any agency excluded from the
				  requirements of the Act because it does not meet the definition of "agency" in
				  N.J.S.A.
				  52:14B-2(a).
"Exempt rule" means any rule of an exempt agency or a rule of
				  a non-exempt agency that, pursuant to
				  N.J.S.A.
				  52:14B-5.1(e), does not
				  require an expiration date.
"File" means the action whereby a copy of a document is
				  received by the Division of Administrative Rules; notated with the date of
				  receipt; entered into the registry; and thereafter accepted for publication by
				  the Director. All documents accepted for publication shall be considered filed
				  as of the date of receipt.
"Intra-agency statement" means a communication between
				  members of a single agency that does not substantially impact upon the rights
				  or legitimate interests of the regulated public.
"Inter-agency statement" means a communication between
				  separate agencies that does not substantially impact upon the rights or
				  legitimate interests of the regulated public.
"Joint proposal and joint adoption" is the process by which
				  two or more agencies, with concurrent or complementary jurisdiction, jointly
				  propose and adopt identical rules, at the same time. The process may be
				  mandated by legislation or voluntarily initiated, where appropriate.
"Negotiating a rule" means the process whereby an agency
				  requests, and the OAL provides a representative to conduct a preliminary,
				  non-adversarial proceeding with respect to a contemplated rulemaking
				  proceeding, and which results in a rule presented to the "adopting agency" head
				  in the form required by
				  1:30-5.1.
"Notice of adoption" means that document described in
				  N.J.A.C.
				  1:30-6.1, which must be submitted to the
				  Office of Administrative Law for filing and then published in the New Jersey
				  Register to give legal effect to a proposed rulemaking.
"Notice of petition for rulemaking" means that document
				  described in
				  N.J.A.C.
				  1:30-4.1, which must be submitted to the
				  Office of Administrative Law for publication in the Register when a request for
				  agency rulemaking action is made by an interested person, pursuant to
				  N.J.S.A.
				  52:14B-4(f).
"Notice of pre-proposal" means that document described in
				  N.J.A.C.
				  1:30-5.3, which must be submitted to the
				  Office of Administrative Law for publication in the New Jersey Register, when
				  an agency determines to conduct, pursuant to
				  N.J.S.A.
				  52:14B-4(e), a preliminary
				  proceeding with respect to a contemplated rulemaking proceeding or when,
				  pursuant to
				  N.J.A.C.
				  1:30-5.3, a pre-proposal shall be
				  submitted.
"Notice of proposal" means that document described in
				  N.J.A.C.
				  1:30-5.1, which must be submitted to the
				  Office of Administrative Law for filing and then published in the New Jersey
				  Register and distributed to the Legislature and interested persons.
"OAL" means the New Jersey Office of Administrative Law,
				  which is in, but not of, the Department of the Treasury.
"Operative" means that the adopting agency shall enforce and
				  the affected public shall obey the terms of an effective rule. Unless otherwise
				  specified in the rule or notice of adoption of the rule, a rule becomes
				  operative when effective.
"Organizational rule" means a rule promulgated pursuant to
				  N.J.S.A.
				  52:14B-3(l), including a
				  description of the structure of the agency; the persons from whom and places
				  from which information, applications, and other forms may be obtained; and the
				  persons to whom and places to which applications, requests, and other
				  submissions may be made.
"Person" means any natural individual, association, board,
				  venture, partnership, corporation, organization, institution, and governmental
				  instrumentality recognized by law for any purpose whatsoever.
"Pre-proposal" means a preliminary proceeding for the purpose
				  of eliciting ideas, views, and comments of interested persons on a contemplated
				  rulemaking proceeding, pursuant to
				  N.J.A.C.
				  1:30-5.3(b). This
				  preliminary proceeding precedes the filing of a formal rule proposal.
"Promulgate" means to proclaim officially in the Register and
				  thereby render effective a new rule, amendment, or repeal that was duly adopted
				  by an agency and filed with the Office of Administrative Law.
"Propose" means the action whereby an adopting agency submits
				  a notice of proposed rule to the Office of Administrative Law for filing and
				  publication by the Director.
"Public hearing" means a legislative type proceeding
				  conducted either as part of a rulemaking or to consider a possible rulemaking
				  that affords the public an opportunity to present to the promulgating agency
				  oral and written comments, arguments, data, and views on the rulemaking or the
				  contemplated rulemaking.
"Readopt" means to conduct a rulemaking proceeding for the
				  purpose of continuing in effect an emergency rule that would otherwise expire
				  pursuant to
				  N.J.S.A.
				  52:14B-4(c) (see
				  N.J.A.C.
				  1:30-6.5), or a rule that expires pursuant to
				  N.J.S.A.
				  52:14B-5.1(see
				  N.J.A.C.
				  1:30-6.4). In a rulemaking proceeding to
				  readopt a rule, the rule continues in effect upon the timely filing of the
				  notice of adoption with the Office of Administrative Law.
"Register" means the "New Jersey Register" published pursuant
				  to
				  52:14B-7(b).
"Registry" means the serial list of documents submitted for
				  filing with the Director.
"Repeal" means to conduct a rulemaking proceeding to declare
				  void a rule, the effect of which is to terminate the legal effect of such rule
				  prospectively only. Any rule so terminated shall continue thereafter to be
				  enforced in and applied to all proceedings, formal or otherwise, initiated
				  pursuant to rule or to law prior to the effective date of such repeal.
"Rule" or "administrative rule" is defined in
				  52:14B-2(e).
				  For purposes of determining effective dates, there are five types of rules: new
				  rules, amendments, repeals, readoptions, and emergency rules.
"Rule activity" means any agency action with respect to a
				  rule authorized or required by the Administrative Procedure Act,
				  52:14B-1
				  et seq., and including a petition for a rule, a pre-proposal for a rule, and
				  rulemaking proceeding.
"Rulemaking proceeding" means those steps that shall be
				  followed pursuant to the Act and this chapter, for a rule to be validly
				  promulgated, and which include the procedures for proposal of a rule, N.J.A.C.
				  1:30-5, the proper adoption of a rule, and the procedures upon adoption of a
				  rule, N.J.A.C. 1:30-6.
"Signature of agency head" shall include the actual, physical
				  signature of the agency head, the prior-approved stamp or electronic signature,
				  or the submission of a notice for publication through an e-mail address
				  approved by the agency for the purpose of submitting notices approved by the
				  agency head to the OAL.
"URL address" means a Uniform Resource Locator address, that
				  is used for the purposes of Internet navigation and is commonly referred to as
				  a website link, and which uses a protocol, such as "http", and a domain name to
				  identify, and provide website visitors with direct access to, a particular
				  Internet file or website page.