N.J. Admin. Code § 10:1-3.2

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

Section 10:1-3.2 - Conducting of a public hearing

(a) The Department, in accord with the New Jersey Administrative Procedure Act (N.J.S.A.52:14B-1 et seq.) and the Office of Administrative Law Rules for Agency Rulemaking (N.J.A.C. 1:30), may conduct a public hearing on a proposed rulemaking, at its discretion, without the need for a specific request or the demonstration of sufficient public interest.

(b) The Department, in accord with the New Jersey Administrative Procedure Act (N.J.S.A.52:14B-1 et seq.) and the Office of Administrative Law Rules for Agency Rulemaking (N.J.A.C. 1:30), shall conduct a public hearing on a proposed rulemaking at the request of a Legislative Committee, a State agency, or a county, local or municipal governmental entity, if such request is made to the Department within 30 days following publication of the proposed rulemaking, or if sufficient public interest is demonstrated.

(c) Sufficient public interest is demonstrated with regard to the conducting of a public hearing when the following occurs:

1. In the case of the Division of Developmental Disabilities, the Division of Family Development, the Division of Medical Assistance and Health Services, and the Division of Mental Health Services, 100 or more individuals have either expressed the need for a public hearing on the rule proposal or disagreement with one or more substantive provisions of the rule proposal; or

2. In the case of all other Divisions and Department offices, 50 or more individuals have either expressed the need for a public hearing on the rule proposal or disagreement with one or more substantive provisions of the rule proposal.

(d) The Department shall not consider, in the calculation of the number of comments received, those comments that relate to specific recommended changes in the rule that the Department has agreed to make or does not have the legal authority to make.

N.J. Admin. Code § 10:1-3.2

Amended by R.2007 d.8, effective 1/2/2007.
See: 38 N.J.R. 3406(a), 39 N.J.R. 104(b).
In (c)1, inserted "and" following "Assistance and Health Services," and deleted "and the Division of Youth and Family Services," following "Division of Mental Health Services,".