N.J. Admin. Code § 11:3-18.4
Current through Register Vol. 56, No. 21, November 4, 2024
Section 11:3-18.4 - Procedures for review of prior approval filings(a) The time period for the Department's review of a prior approval filing shall commence the day after the filing is received. The filer shall concurrently provide a copy of the filing to the Division of Rate Counsel.(b) The Division of Rate Counsel shall notify the Department and the filer if it intends to intervene no later than 10 days after receipt of the filing.(c) The Department shall advise the filer if the filing is incomplete not later than 25 days after receipt of the filing. 1. The filing shall be deemed to be complete if the filer is not notified that the filing is incomplete.2. Notice to the filer that the filing has been found to be incomplete shall specify the missing item(s) or information. The Department shall send a copy of the notice that the filing is incomplete to the Division of Rate Counsel , if notice of the intent of the Division of Rate Counsel to intervene on the filing has been received.3. The Department may disapprove an incomplete filing as a nonconforming filing. Any resubmission of the filing after the deficiency has been cured shall be considered initial receipt.(d) If the Department requests further information from the filer, which information must be provided to the Department upon request pursuant to 11:3-16.8, 16.9 or 16.10, the filer shall submit the information to the Department and simultaneously to the Division of Rate Counsel within 10 days of the receipt of the request.(e) The Department deems the filing requirements set forth in N.J.A.C. 11:3-16 to be sufficient information to review and evaluate any rate change requested. Therefore, no supplemental information, other than limited clarifying or explanatory information as referenced in (e)1 and 2 below, shall be required. If necessary, the following procedures may be used to obtain clarifying or explanatory information. 1. Not later than 20 days after its receipt of a filing, the Division of Rate Counsel may request in writing that the filer provide information to clarify or explain information contained in the filing. Not later than 10 days after receipt of any such request, the filer shall provide the clarifying or explanatory information to the Division of Rate Counsel.2. Copies of any correspondence between the parties, and any additional information or documents supplied by the filer in response to a request from the Division of Rate Counsel shall also be simultaneously provided to the Department.(f) No later than 60 days after receipt of a filing, the Division of Rate Counsel shall file with the Department its report and recommendations, and simultaneously submit a copy to the filer.(g) Not later than 60 days after receipt of a filing by the Department either the filer or the Division of Rate Counsel pursuant to 17:29A-46.8 may request in writing a hearing on the filing. A request for hearing shall include a statement of facts and issues in sufficient detail so as to notify the Department and any other party of the matters in dispute.(h) Upon receipt of a request for a hearing, or not later than 75 days after receipt of a filing by the Department, the Commissioner shall determine whether the matter is a contested case and notify all parties in writing. 1. If no hearing is requested the Commissioner shall enter an appropriate final order disposing of all issues raised by the filing. The final order shall be issued not later than 90 days from receipt of the filing, except for good cause the Commissioner may extend the time to issue a final Order by not more than 30 days.2. If a hearing is requested the Commissioner may hear the matter; direct that the matter be transmitted to the Office of Administrative Law; or may appoint a salaried employee of the Department to hear the matter pursuant to N.J.S.A. 17:29A-14c.(i) The hearing shall be conducted pursuant to the provisions of N.J.S.A. 17:29A-14c and the Administrative Procedure Act, 52:14B-1 et seq., and applicable administrative rules, N.J.A.C. 1:1 and 1:11.N.J. Admin. Code § 11:3-18.4
Amended by R.1996 d.58, effective 2/5/1996.
See: 27 N.J.R. 3682(a), 28 N.J.R. 855(a).
Deleted provisions relating to the Public Advocate.
Recodified from N.J.A.C. 11:3-18.6 by R.2001 d.44, effective 2/5/2001.
See: 32 N.J.R. 3891(a), 33 N.J.R. 573(a).
Former N.J.A.C. 11:3-18.4, Procedures for review of annual informational filings, and 11:3-18.5, Procedures for review of rate flex filings, repealed.
Amended by R.2001 d.270, effective 8/6/2001.
See: 33 N.J.R. 1305(a), 33 N.J.R. 2694(a).
In first sentence of (d), inserted "either" following "Department" and inserted "or a registered intervenor pursuant to N.J.S.A. 17:29A-46.8" following "filer".
Amended by R.2007 d.371, effective 12/3/2007.
See: 39 N.J.R. 344(a), 39 N.J.R. 5084(a).
In (a), inserted "after" and the second sentence; added new (b); recodified former (b) and (c) as (c) and (d); in (c)2, added the second sentence; in (d), inserted a comma following "16.10" and substituted "and simultaneously to the Public Advocate within 10 days" for "within 15 days"; added new (e) and (f); recodified former (d) through (f) as (g) through (i); and in (g), substituted "the Public Advocate" for "a registered intervenor".
Amended by R.2010 d.230, effective 10/18/2010.
See: 41 N.J.R. 3363(a), 42 N.J.R. 2425(a).
Substituted "Division of Rate Counsel" for "Public Advocate" throughout.