reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1C - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 2 - GENERAL PROVISIONS › Section 13:1C-2.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules are adopted by the agency in satisfaction of the requirements of the ADA and regulations promulgated pursuant thereto, 28 C.F.R. 35.107.
(b) The purpose of these rules is to establish a designated coordinator whose duties shall include assuring that the agency complies with and carries out its responsibilities under the ADA. Those duties shall also include the investigation of any complaint filed with the agency pursuant to N.J.A.C. 13:1C-4.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1C - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 3 - DESIGNATED ADA COORDINATOR › Section 13:1C-3.1 - Designated ADA coordinator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The designated coordinator of ADA compliance and complaint investigation for the agency is:
ADA Coordinator
Department of Law and Public Safety
Hughes Justice Complex
CN 080
Trenton, New Jersey 08625
(b) All inquiries regarding the agency's compliance with the ADA and the availability of accommodation which would allow a qualified individual with a disability to receive services or participate in a program or activity provided by the agency should be directed to the designated coordinator identified in (a) above.
(c) All grievances alleging that the agency has failed to comply with or has acted in a way that is prohibited by the ADA should be directed to the designated ADA coordinator identified in this section, in accordance with the procedures set forth in N.J.A.C. 13:1C-4.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1C - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA GRIEVANCE PROCEDURE › Section 13:1C-4.1 - Grievance procedure

Current through Register Vol. 56, No. 14, July 15, 2024
A grievance alleging that the agency has failed to comply with the ADA or has acted in a way that is prohibited by the ADA shall be submitted either in writing or orally to the designated ADA coordinator identified in 13:1C-3.1 within 30 days of the grievant becoming aware of the alleged violation. A grievance alleging employment discrimination will be processed pursuant to the rules of the Department of Personnel, 4A:7-1.1 through 3.4, if those rules are applicable.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1C - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA GRIEVANCE PROCEDURE › Section 13:1C-4.2 - Grievance contents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A grievance submitted pursuant to this subchapter may be submitted in or on the form set forth at 13:1C-4.3.
(b) A grievance submitted pursuant to this subchapter shall include the following information:
1. The name of the grievant, and/or any alternate contact person designated by the grievant to receive communication or provide information for the grievant;
2. The address and telephone number of the grievant or alternate contact person; and
3. A description of manner in which the ADA has not been complied with or has been violated, including times and locations of events and names of witnesses if appropriate.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1C - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA GRIEVANCE PROCEDURE › Section 13:1C-4.3 - Grievance form

Current through Register Vol. 56, No. 14, July 15, 2024
The following form may be utilized for the submission of a grievance pursuant to this subchapter:
Americans with Disabilities Act Grievance Form
Date: .......................................
Name of grievant: ...........................
Address of grievant: ........................
Telephone number of grievant: ...............
Name, address and telephone number
of alternate contact person:
.....................................................................
.....................................................................
Agency alleged to have denied access:
Department: .................................
Division: ...................................
Bureau or office: ...........................
Location: ...................................
Incident or barrier: ........................
Please describe the particular way in which you believe you have been denied the benefits of any service, program or activity or have otherwise been subject to discrimination. Please specify dates, times and places of incidents, and names and/or positions of agency employees involved, if any, as well as names, addresses and telephone numbers of any witnesses to any such incident. Attach additional pages if necessary.
...............................................................................
..............................................................................
...............................................................................
...............................................................................
...............................................................................
...............................................................................
Proposed access or accommodation:
If you wish, describe the way in which you feel access may be had to the benefits described above, or that accommodation could be provided to allow access.
...............................................................................
...............................................................................
...............................................................................
A copy of the above form may be obtained by contacting the designated ADA coordinator identified at 13:1C-3.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1C - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA GRIEVANCE PROCEDURE › Section 13:1C-4.4 - Investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a grievance submitted pursuant to this subchapter, the designated ADA coordinator will notify the grievant of the receipt of the grievance and the initiation of an investigation into the matter. The designated ADA coordinator will also indicate a date by which it is expected that the investigation will be completed, which date shall not be later than 45 days from the date of receipt of the grievance unless a later date is agreed to by the grievant.
(b) Upon completion of the investigation, the designated ADA coordinator shall prepare a report for review by the designated decision maker for the agency. The designated decision maker shall render a written decision within 45 days of receipt of the grievance, if practicable or unless a later date is agreed to by the grievant, which decision shall be transmitted to the grievant and/or the alternate contact person if so designated by the grievant.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1D - PETITIONS FOR RULES › Subchapter 1 - RULEMAKING PETITION PROCEDURES › Section 13:1D-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall apply to petitions submitted pursuant to 52:14B-4(f)  to adopt a new rule, or amend or repeal any existing rule authorized by the Attorney General or by any agency within the Department of Law and Public Safety that is subject to the supervision of the Attorney General, except those agencies that have adopted their own rules on petitions for rulemaking.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1D - PETITIONS FOR RULES › Subchapter 1 - RULEMAKING PETITION PROCEDURES › Section 13:1D-1.2 - Procedures for petitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any interested person may petition the Attorney General, or any agency within the Department of Law and Public Safety subject to the supervision of the Attorney General, to adopt a new rule, or amend or repeal any existing rule within the authority of the Attorney General or agency. The petition must be in writing, signed by the petitioner, and must state clearly and concisely:
1. The full name and address of the petitioner;
2. The substance or nature of the rulemaking which is requested;
3. The problem or purpose which is the subject of the request;
4. The petitioner's interest in the request, including any relevant organization affiliation or economic interest;
5. The statutory authority under which the Attorney General, or agency within the Department of Law and Public Safety which is petitioned, may take the requested action; and
6. Existing Federal or State statutes and rules which the petitioner believes may be pertinent to the request.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1D - PETITIONS FOR RULES › Subchapter 1 - RULEMAKING PETITION PROCEDURES › Section 13:1D-1.3 - Procedure after receipt of petition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a petition, the relevant agency shall refer the petition for action, as appropriate.
(b) Within 15 days of receipt of a petition, the relevant agency shall prepare and file with the Office of Administrative Law, a notice of the petition's receipt for publication in the New Jersey Register, in compliance with N.J.A.C. 1:30-4.1(c).
(c) The relevant agency shall publish on its internet website each petition for rulemaking received, no later than the date of publication of the notice of receipt of the petition in the New Jersey Register pursuant to (b) above.
(d) Within 60 days of receipt of a petition, the relevant agency to which the petition was referred shall:
1. Deny the petition and provide a written statement of its reasons to the petitioner;
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, which shall conclude within 90 days of referral, and either grant or deny the petition pursuant to (d)1 or 2 above.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1E - DEPARTMENT OF LAW AND PUBLIC SAFETY › Subchapter 1 - ORGANIZATION › Section 13:1E-1.1 - Attorney General

Current through Register Vol. 56, No. 14, July 15, 2024
The Attorney General is the chief executive officer of the Department of Law and Public Safety. The Attorney General is a constitutional officer who is appointed by the Governor with the advice and consent of the Senate to serve during the term of office of the Governor. The Attorney General functions as the sole legal advisor to State agencies and the chief law enforcement officer for criminal matters.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1E - DEPARTMENT OF LAW AND PUBLIC SAFETY › Subchapter 1 - ORGANIZATION › Section 13:1E-1.3 - Other agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following agencies are allocated to the Department of Law and Public Safety, but are not subject to the supervision of the Attorney General:
1. The Human Relations Council develops policy proposals for the State and assists with coordinating efforts to promote prejudice reduction and prevention and deter crimes based upon the victim's race, color, religion, national origin, sexual orientation, ethnicity, gender or physical or cognitive disability;
2. The State Ethics Commission initiates, receives, hears and reviews complaints regarding violations of the New Jersey Conflicts of Interest Law. The Commission also reviews and approves codes of ethics issued by executive branch agencies and is responsible for enforcing sections of the Casino Control Act concerning pre-employment interests and post-employment restrictions on members of the Casino Control Commission and employees of the Division of Gaming Enforcement.
3. The Election Law Enforcement Commission enforces the New Jersey Campaign Expenditures and Reporting Law;
4. The Victims of Crime Compensation Board administers the Criminal Injuries Compensation Act. The Board provides Statewide victim-witness programs and information and conducts a victim counseling service;
5. The Juvenile Justice Commission is responsible for the management and operation of all State facilities and programs for juveniles involved in the juvenile justice system, adopts a Statewide Master Plan for effective provision of juvenile justice services and sanctions at the State, county and local level, administers the State/Community Partnership Grant Program, establishes county youth services commissions to implement the Partnership, and adopts standards for county juvenile detention facilities and programs; and
6. The Office of Homeland Security and Preparedness was established by Executive Order No. 5 (Corzine 2006). Included in the Office are the former Office of Counter Terrorism and the Domestic Security Preparedness Task Force. The Office of Homeland Security and Preparedness is responsible for planning, overseeing and distributing discretionary State and Federal homeland security and preparedness funding and is designated as the State Administrative Agency for all Federal homeland security funding. The Office of Homeland Security and preparedness is the central State agency responsible for gathering and disseminating intelligence and information relating to counter-terrorism to other law enforcement agencies. The main telephone number of the Office is (609) 584-4000. To report suspicious activity the public should call 1-866-4-SAFE-NJ (1-866-472-3365).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1E - DEPARTMENT OF LAW AND PUBLIC SAFETY › Subchapter 2 - GOVERNMENT RECORDS › Section 13:1E-2.1 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this subchapter apply to the Department of Law and Public Safety and all divisions and agencies in the Department, including those agencies allocated to the Department to satisfy the requirements of Article V, Section 4, Paragraph 1 of the New Jersey Constitution, commonly known as "in but not of" agencies that choose to adopt this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1E - DEPARTMENT OF LAW AND PUBLIC SAFETY › Subchapter 2 - GOVERNMENT RECORDS › Section 13:1E-2.2 - Custodian of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Attorney General shall designate a custodian of records for the Department of Law and Public Safety. The Department custodian of records shall coordinate the Department-wide public access to government records function. The Department custodian of records shall also act as the custodian of records for the Office of the Attorney General, responding to requests for access to government records directed to the Office of the Attorney General.
(b) In support of the Department of Law and Public Safety custodian of records designated under (a) above and to assure that each division and agency within the Department is responsive to requests for access to government records pursuant to the Open Public Records Act (OPRA), 47:1A-1 et seq., each division director, agency director, or governing body, as the case may be, shall designate a division or agency custodian of records or designee who shall be responsible for responding to requests for access to government records made, maintained, kept on file, or received in the ordinary course of business by that division or agency. In those matters designated by the Administrator of the Department, the division and agency custodian of records shall be accountable to and subject to the direction of the Department custodian of records. The Administrator of the Department may choose to designate the Department custodian as the custodian of records to respond to any request for access to records filed with the Department or any division or agency allocated to the Department.
(c) The address and other contact information for the Department custodian of records and each division or agency custodian of records shall be posted on the Department of Law and Public Safety website at
www.state.nj.us/lps/opra
and otherwise made available to the public.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1E - DEPARTMENT OF LAW AND PUBLIC SAFETY › Subchapter 2 - GOVERNMENT RECORDS › Section 13:1E-2.3 - Requests for government records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All requests for access to government records pursuant to 47:1A-1 et seq., made, maintained, kept on file, or received in the ordinary course of business by the Department of Law and Public Safety or a division or agency thereof, shall be in writing on a form approved by the Department, or in a written document that contains the information required in (b) below. For the purposes of this subchapter, "access" means inspection, examination, or copying.
(b) The requester shall provide the following information in his or her Open Public Records Act (OPRA) request:
1. A description of the specific, identifiable government record sought, method of access (inspection, examination, or copies), and, if copies are sought, the medium requested and mode of delivery;
2. A certification by the requester that he or she has or has not been convicted of an indictable offense under the laws of the State of New Jersey, any other state, or the United States; and
3. The maximum cost the requester has authorized to pay to obtain access and/or copies of the requested government records.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1E - DEPARTMENT OF LAW AND PUBLIC SAFETY › Subchapter 2 - GOVERNMENT RECORDS › Section 13:1E-2.5 - Deposit for fees

Current through Register Vol. 56, No. 14, July 15, 2024
The custodian of records may require a deposit equal to 50 percent of the estimated cost in advance of preparing copies when the requester is anonymous and the estimated cost exceeds $ 5.00.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1E - DEPARTMENT OF LAW AND PUBLIC SAFETY › Subchapter 2 - GOVERNMENT RECORDS › Section 13:1E-2.6 - Delivery of records

Current through Register Vol. 56, No. 14, July 15, 2024
The custodian of records shall notify the requester when the records are available and shall collect all fees and charges due, less any deposit required under 13:1E-2.5, prior to providing access to or copies of the requested government records.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1E - DEPARTMENT OF LAW AND PUBLIC SAFETY › Subchapter 2 - GOVERNMENT RECORDS › Section 13:1E-2.7 - Failure to respond

Current through Register Vol. 56, No. 14, July 15, 2024
Except as provided in 13:1E-2.8 or 2.9, if the custodian of records fails to grant or deny a completed request within seven business days after receiving the request or such additional time as may be allowed by law, this subchapter, or as may be agreed to by the requester, the failure to respond shall be deemed a denial of the request, unless the requester has elected not to provide a name, address, telephone number, or other means of contact. If the requester has elected not to provide contact information, the custodian of records shall not be required to respond until seven business days after the requester reappears before the custodian seeking a response to the original request.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1E - DEPARTMENT OF LAW AND PUBLIC SAFETY › Subchapter 2 - GOVERNMENT RECORDS › Section 13:1E-2.8 - Stored records

Current through Register Vol. 56, No. 14, July 15, 2024
If the requested record is in storage or is unavailable because it is in active use, the custodian of records shall so advise the requester within seven business days after the custodian receives the request. The custodian shall advise the requester of the date when the record will be made available for review by the custodian.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1E - DEPARTMENT OF LAW AND PUBLIC SAFETY › Subchapter 2 - GOVERNMENT RECORDS › Section 13:1E-2.9 - Requests for copies of a government record in a specified medium

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless otherwise specifically requested, copies of records shall be provided in printed form on ordinary business size paper. The requester may request that the agency provide a copy of a record in a specific medium. If the agency maintains the government record in the medium requested, the custodian of records shall provide the record in that medium.
(b) If the agency does not maintain the government record in the medium requested, the custodian of records shall convert the record to the medium requested if reasonable or provide a copy in some other meaningful medium. If a requester asks for copies of a record in a medium not routinely used by the agency, not routinely developed or maintained by the agency, or requiring a substantial amount of manipulation or programming of information technology, the custodian may charge, in addition to the actual cost of duplication, a special charge, which shall be reasonable and shall be based upon the cost of any extensive use of information technology and/or for the labor cost of providing the service actually incurred for the programming, clerical, and supervisory assistance required. The requester shall be given the opportunity to review and object to the charge prior to its being incurred. If the requester objects to the charge and refuses to withdraw the request, the custodian may deny the request after attempting to reach a reasonable solution that accommodates the interests of the requester and the agency.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1E - DEPARTMENT OF LAW AND PUBLIC SAFETY › Subchapter 2 - GOVERNMENT RECORDS › Section 13:1E-2.10 - Computation of time

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In computing any time period under 47:1A-1 et seq., and this subchapter, the business day a written request for access is received shall not be included. The last business day of the period so computed shall be included.
(b) For the purposes of 47:1A-1 et seq., and this subchapter, a request for access to government records is deemed to be complete when the requester provides the information required by 13:1E-2.3 and pays any deposit required by 13:1E-2.5.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1E - DEPARTMENT OF LAW AND PUBLIC SAFETY › Subchapter 2 - GOVERNMENT RECORDS › Section 13:1E-2.11 - Administrative closure

Current through Register Vol. 56, No. 14, July 15, 2024
When a requestor has failed to provide payment in full for the requested records, has failed to pick up or otherwise schedule delivery of the requested records, or has failed to schedule or keep an appointment with the custodian to inspect the requested records within 45 days of the issuance of an Open Public Records Act (OPRA) receipt by the custodian of records to the requestor, the custodian shall administratively close the request upon providing written notice to the requestor. The requestor remains liable for all costs and fees associated with the request when such request has been administratively closed by the custodian.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1E - DEPARTMENT OF LAW AND PUBLIC SAFETY › Subchapter 3 - CONFIDENTIALITY OF RECORDS › Section 13:1E-3.1 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this subchapter apply to the Department of Law and Public Safety and all divisions and agencies in the Department, including those agencies allocated to the Department to satisfy the requirements of Article V, Section 4, Paragraph 1 of the New Jersey Constitution, commonly known as "in but not of" agencies.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1E - DEPARTMENT OF LAW AND PUBLIC SAFETY › Subchapter 3 - CONFIDENTIALITY OF RECORDS › Section 13:1E-3.2 - Records designated confidential

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to records designated as confidential pursuant to the provisions of 47:1A-1 et seq., as amended and supplemented, any other law, regulation promulgated under the authority of any statute or Executive Order of the Governor, resolution of both houses of the Legislature, Executive Order of the Governor, Rules of Court, or any Federal law, Federal regulation, or Federal order, the following records shall not be considered government records subject to public access pursuant to 47:1A-1 et seq., as amended and supplemented:
1. Records concerning background investigations or evaluations for public employment, appointment to public office, or licensing, whether open, closed, or inactive;
2. Records, including standard operating procedures, manuals, and training materials, that may reveal: the identity of a confidential informant, a confidential source, a citizen informant, or undercover personnel; or an agency's surveillance, security, tactical, investigative, or operational techniques, measures, or procedures, which, if disclosed, would create a risk to the safety of persons, property, electronic data, or software, or compromise an agency's ability to effectively conduct investigations;
3. Records, including standard operating procedures, manuals, and training materials that may reveal: case or matter specific legal strategy or advice, attorney work product, attorney-client privileged material, or other privileged material;
4. Records, specific to an individual employee or employees - other than those records enumerated in 47:1A-10 as available for public access - and relating to or which form the basis of discipline, discharge, promotion, transfer, employee performance, employee evaluation, or other related activities, whether open, closed, or inactive, except for the final agency determination;
5. That portion of any inventory of State and local emergency resources compiled and any policies or plans compiled by an agency pertaining to the mobilization, deployment, or tactical operations involved in responding to emergencies, including employee emergency contact information, which, if disclosed, would substantially interfere with the State's ability to protect and defend the State and its citizens against acts of sabotage or terrorism, or which, if disclosed, would materially increase the risk or consequences of potential acts of terrorism or sabotage;
6. Records pertaining to the collective negotiations process; and
7. The duty assignment of an individual law enforcement officer or any personally identifiable information that may reveal or lead to information that may reveal such duty assignment, including, but not limited to, overtime data pertaining to an individual law enforcement officer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1E - DEPARTMENT OF LAW AND PUBLIC SAFETY › Subchapter 4 - RULEMAKING › Section 13:1E-4.1 - Applicability of rules

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter applies to all rules proposed under the authority of the Attorney General or under the authority of a division, office or board in the Department of Law and Public Safety that is subject to the supervision of the Attorney General. Agencies allocated to the Department of Law and Public Safety to fulfill the purposes of N.J. Const., Art. 5, Sec. 4, Par. 1, which are not subject to the supervision of the Attorney General, may incorporate this rule by reference into rules of practice adopted by such agencies.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1E - DEPARTMENT OF LAW AND PUBLIC SAFETY › Subchapter 4 - RULEMAKING › Section 13:1E-4.2 - Additional time for public comments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If sufficient public interest is demonstrated within 30 days of the publication of a rulemaking proposal in the New Jersey Register, the proposing agency shall provide an additional 30 days for submission of comments on the proposal. Agencies that provide an initial comment period of at least 60 days in the notice of proposal may elect to extend the comment period beyond 60 days but are not required by this rule to do so.
(b) Public interest in additional time to submit comments shall be determined by the agency based on written requests to the address to which comments are to be sent contained in the proposal. Public interest in additional time shall be sufficient to require an additional 30 days to submit comments if written comments received within 30 days of publication of the proposal in the New Jersey Register request additional time to present data, arguments or views that raise a substantial issue as to the impact of the proposal on the regulated community or the general public that has not been anticipated by the agency. Persons requesting additional time shall specify the impact or issue to be addressed.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1E - DEPARTMENT OF LAW AND PUBLIC SAFETY › Subchapter 4 - RULEMAKING › Section 13:1E-4.3 - Public hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The agency shall hold a public hearing on a rulemaking proposal at the request of a committee of the Legislature, or a governmental agency or subdivision, or if sufficient public interest in a public hearing is demonstrated within 30 days of the publication of the proposal in the New Jersey Register.
(b) Public interest in holding a public hearing shall be determined by the agency based on written requests to the address to which comments are to be sent contained in the proposal. Public interest in holding a public hearing shall be sufficient if:
1. At least 50 persons submit written requests to hold a public hearing to present data, arguments or views that raise a substantial issue as to the impact of the proposal on the regulated community or the general public that has not been anticipated by the agency; and
2. No other public hearing on the proposal has been scheduled or held by the agency under this rule or other applicable law or rule.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 1E - DEPARTMENT OF LAW AND PUBLIC SAFETY › Subchapter 4 - RULEMAKING › Section 13:1E-4.4 - Additional public notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to publication of the proposal in the New Jersey Register, agencies shall provide additional notice of the proposal using the following methods:
1. Distribution of a press release to the news media maintaining a press office in the State House Complex;
2. Posting the proposal or a summary of the substance of the proposal on the agency's website during the comment period, or if the agency does not maintain its own website, on the Department of Law and Public Safety website; and
3. One or more of the following methods:
i. Publication of the full text of the proposal or a summary of the substance of the proposal in a trade, industry or government publication generally used by the agency for distribution of official notices and information;
ii. Mailing of the full text of the proposal to a distribution list either electronically or through regular mail if the circumstances in (a)3i above do not apply and the agency uses a distribution list to communicate with the regulated community and interested parties generally;
iii. Publication of a notice summarizing the substance of the proposal and the time and method of submitting public comments in at least two newspapers of general circulation if the circumstances in (a)3i or ii above do not apply and the agency determines that the cost is justified; or
iv. Distribution of a general press release summarizing the substance of the proposed action if none of the circumstances in (a)3i, ii or iii above apply.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 1 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR STATE LICENSE › Section 13:2-1.1 - Filing of application; advertising

Current through Register Vol. 56, No. 14, July 15, 2024
Application for license must be filed on forms prescribed by the Director, Division of Alcoholic Beverage Control, in duplicate with the Division at or before the first insertion of advertisement and accompanied by the full annual license fee. If the application is to include as the licensed premises a building not yet constructed, plans for the proposed building shall accompany the application. The plans shall show the appearance and design of the proposed building, the type or types of exterior building material, and the overall room dimensions.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 1 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR STATE LICENSE › Section 13:2-1.2 - Applications by corporations, partnerships, limited liability companies, and other types of legal entities; building not yet constructed

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an applicant is a corporation, partnership, limited liability company, or other type of legal entity, insert in the Notice of Application the names and residences of all officers, directors, stockholders holding one percent or more of any of the stock of said corporation, general partners, members, and limited partners holding an interest of one percent or more. If in listing those, another corporation, partnership or other legal entity is noted, the Notice must also contain the required information concerning the officers, directors, stockholders, partners, or members of that corporation, partnership or other legal entity.
(b) If the application is to include as the licensed premises a building not yet constructed, also insert in the Notice the following: "Plans of building to be constructed may be examined at the Office of the Director of the Division of Alcoholic Beverage Control, 140 East Front Street, Trenton, New Jersey 08625".
(c) As used in this chapter, the term "legal entity" is defined as any association of natural persons, association, trust company, partnership, corporation, organization, limited liability company and the like.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 1 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR STATE LICENSE › Section 13:2-1.3 - Publication of notice of application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notice of application shall be published by all applicants for State licenses, except Transportation, Public Warehouse or Warehouse Receipts licenses, in the following form:
Click here to view form.
(b) Where the premises sought to be licensed are located in the State of New Jersey, the notice of application shall be published once a week for two weeks successively, at least seven days apart, in a newspaper printed in the English language, published and circulated in each municipality in which the premises or any portion thereof, for example, office, warehouse, salesroom, are located. If, however, there shall be no such newspaper, then the notice shall be published in a newspaper printed in the English language, published and circulated in the county or counties in which the licensed premises or any portion thereof are located.
(c) Where applicant does not maintain any licensed premises in the State of New Jersey, notice of application shall be published in the manner above described in the municipality wherein the duly authorized agent within the State upon whom service of process may be made is located.
(d) Where the applicant intends to conduct retail sales as may be authorized under its license, it shall provide an affidavit that a copy of notice in the proper form has been served personally or by ordinary mail on the clerk or board secretary of the municipality in which the retail sales will take place.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 1 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR STATE LICENSE › Section 13:2-1.4 - Proof of publication

Current through Register Vol. 56, No. 14, July 15, 2024
Proof of publication of notice of application for a license shall be furnished after second publication with copy of the dated advertisements attached.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 1 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR STATE LICENSE › Section 13:2-1.5 - Applicants for renewal of annual State licenses

Current through Register Vol. 56, No. 14, July 15, 2024
Applicants for renewal of annual State licenses issued by the Director are not required to advertise notice of application. In lieu thereof, the Director shall cause a general notice of application to be published once a week from the week of April 1 through the week of June 1 in a newspaper printed in the English language and published and circulated in the counties in which the premises of applicants for such renewals are located. The notice shall be published in the following form:
NOTICE OF
APPLICATION FOR RENEWAL OF
ALCOHOLIC BEVERAGE LICENSES
Notice is hereby given that applications to renew all annual alcoholic beverages licenses will be filed with the Director of the Division of Alcoholic Beverage Control or the municipal local license issuing authority and may be approved on or after May 1st of this year. Objection to any renewal should be made immediately in writing to the Municipal Clerk of the municipality where the license is located if that license sells alcoholic beverages to consumers or to the Director Div. of ABC, PO Box 087, Trenton, NJ 08625-0087 for any other type alcoholic beverage license. No individual notices will be published with respect to license renewal applications.
....................................................................
Director, Division of Alcoholic Beverage Control
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 1 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR STATE LICENSE › Section 13:2-1.6 - Objections; hearing

Current through Register Vol. 56, No. 14, July 15, 2024
The Director, upon receipt of a timely written objection duly signed by an objector, shall provide a hearing and all parties shall be notified of the date, hour and place thereof. No hearing need be held if no objection shall be lodged unless the Director deems one necessary in order to make his or her determination on the application. The Director shall not deny issuance, renewal or transfer of any license without first stating the reasons therefor and affording applicant the opportunity to be heard.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 1 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR STATE LICENSE › Section 13:2-1.7 - Changes in facts; application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever any change shall occur in any of the facts as set forth in any existing filed application concerning a State-issued license, the licensee shall file with the Director an amendment to the license application in a form prescribed by the Director reflecting the change not later than 10 days after the occurrence.
(b) Corporate licensees shall file with the Director an amendment to reflect any stockholder change resulting in any person acquiring one percent or more of its stock not later than 10 days after the occurrence. If the change affects less than one-third of the stock of the corporation, the licensee need only amend those pages that reflect the change in information. If the change affects one-third or more of the stock, a full application is required. Changes in partnerships and other types of legal entities shall be treated in the same manner as a stockholder change of a corporate licensee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 1 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR STATE LICENSE › Section 13:2-1.8 - Publication of notice of change in the structure of corporate, partnership, and other types of legal entities; form

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every corporate, partnership and other type of legal entity licensee shall, in addition to filing written notice with the Director of changes in ownership, cause to be published in the following form a notice of change in structure not later than 10 days after the occurrence whenever the change involves a new individual acquiring one percent or more of the ownership thereof.
Click here to view form.
(b) The notice of change in corporate structure shall be published once in a newspaper printed in the English language, published and circulated in each municipality in which the licensed premises is located. If, however, there shall be no such newspaper, then the notice shall be published in a newspaper printed in the English language, published and circulated in the county in which the licensed premises is located.
(c) Proof of publication of such notice shall be furnished by the licensee to the Director within 10 days after the date of publication with copy of the dated advertisement attached.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 2 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR MUNICIPAL LICENSE › Section 13:2-2.1 - Application forms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Application for license must be filed with the issuing authority, in triplicate, on forms prescribed by the Director, Division of Alcoholic Beverage Control at or before the first insertion of advertisement together with the full annual license fee and an additional $ 200.00 filing fee payable to the Division of Alcoholic Beverage Control. One copy of the application and the non-returnable filing fee of $200.00 shall be forwarded by the issuing authority to the Director immediately upon receipt thereof, and a second copy returned to the applicant. If the application is to include as the licensed premises a building not yet constructed, plans of the proposed building shall accompany the application. The plans shall show the appearance and design of the proposed building, the type or types of exterior building material and the overall room dimensions.
1. If an applicant is a corporation, partnership, limited liability company, or other legal entity, the names and residences of all those persons identified in 13:2-1.2(a)  shall be inserted in the application. If in listing those, another corporation, partnership, or other legal entity is noted, the notice shall also contain the names and addresses of the officers, directors, stockholders, partners, or members in that other entity noted.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 2 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR MUNICIPAL LICENSE › Section 13:2-2.2 - Form of notice of application

Current through Register Vol. 56, No. 14, July 15, 2024
Notice of application shall be published in the following form:
Data in image
*If the applicant is an individual, insert the name and residence address of that individual.
If the applicant is a corporation, partnership, limited liability company, or other legal entity, insert the names and residence addresses of all persons identified in N.J.A.C. 13:2-1.2(a).
If the applicant is a club, insert the name and residence address of all officers and the offices they fill respectively, and the names and residences of the directors, trustees or other governing officials.
**If the application is for a building not yet constructed, insert in the Notice the following: "Plans of building to be constructed may be examined at the office of the Municipal Clerk."Amended by R.1990 d.412, effective August 20, 1990.
See: 22 N.J.R. 1811(a), 22 N.J.R. 2508(c).
Amended Notice.
Amended by R.1995 d.450, effective August 21, 1995.
See: 27 N.J.R. 2051(a), 27 N.J.R. 3177(a).
Deleting enumeration of (a).
Amended by R.2000 d.342, effective August 21, 2000.
See: 32 N.J.R. 1717(a), 32 N.J.R. 3162(a).
Rewrote the notice.
Amended by R.2006 d.67, effective February 21, 2006.
See: 37 N.J.R. 3221(a), 38 N.J.R. 1193(a).
Added "limited liability company," to form.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 2 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR MUNICIPAL LICENSE › Section 13:2-2.3 - Issuing authority defined

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Issuing authority" in the form of notice in 13:2-2.2 usually means the governing board or body of the municipality, whatever the name may be, for instance the mayor and council, the township committee, and so forth, except where a municipal board of alcoholic beverage control has been created, in which case such board is the issuing authority.
(b) If the application is made by a member of the issuing authority or by a corporation, partnership, limited liability company, or other legal entity in which any member of the issuing authority is interested, directly or indirectly, the Director of the Division of Alcoholic Beverage Control is the issuing authority in the form of notice and the notice must state that any objections should be addressed to the Director, Division of Alcoholic Beverage Control, PO Box 087, Trenton, New Jersey 08625-0087. This subsection shall not apply to club licenses.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 2 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR MUNICIPAL LICENSE › Section 13:2-2.4 - Type of license defined

Current through Register Vol. 56, No. 14, July 15, 2024
"Type of license" in the form of notice in 13:2-2.2 requires the name or kind of license that is involved in the application. It must be worded strictly in accordance with the statutory language, for instance, "plenary retail consumption license", "plenary retail distribution license", "club license", and so forth.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL › Subchapter 2 - FILING OF APPLICATION AND ADVERTISING NOTICE OF APPLICATION FOR MUNICIPAL LICENSE › Section 13:2-2.5 - Publication of notice of application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The notice of application shall be published once a week for two weeks successively, at least seven days apart in a newspaper printed in the English language, published and circulated in the municipality in which the licensed premises is located. If, however, there shall be no such newspaper, then the notice shall be published in a newspaper printed in the English language, published and circulated in the county in which the licensed premises is located.
(b) Proof of publication of the notice of application for license shall be furnished after the second publication with copies of the dated advertisements attached.