N.J. Admin. Code § 1:30-4.3

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

Section 1:30-4.3 - Failure to respond to petition

(a) If an agency fails to act in accordance with the time frames set forth in N.J.A.C. 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 N.J.S.A. 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 N.J.A.C. 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.

N.J. Admin. Code § 1:30-4.3

Amended by47 N.J.R. 1311(b), Effective 6/15/2015