N.J. Admin. Code § 1:30-3.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 1:30-3.3 - Exceptions

(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 N.J.S.A. 52:14B-4(c);

4. For which the agency has published a notice of pre-proposal of the rule in accordance with N.J.A.C. 1:30-5.3(b) and (c); or

5. For which a comment period of at least 60 days is provided.

(b) A proposed rule falling within any of the exceptions in (a) above shall so indicate in the Summary of notice of proposal. If the rule falls under the exception in (a)1 above, the Summary shall include the specific citation of the Federal law requiring or authorizing the rule, and an explanation as to how failure to adopt the rule in a timely manner will prejudice the State.

N.J. Admin. Code § 1:30-3.3

Amended by 50 N.J.R. 1433(a), effective 6/18/2018