N.J. Admin. Code § 13:2-36.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 13:2-36.1 - Advisory opinions

(a) Other than in proceedings instituted pursuant to 52:14B-8 (Declaratory Rulings), a written request for an interpretation, application, or other inquiry concerning the Division of Alcoholic Beverage Control's regulations, policies or practices shall only be considered if it sets forth issues not previously articulated by the Division or involves a substantial question of general applicability.

(b) All requests shall be sent to the Director, Division of Alcoholic Beverage Control, PO Box 087, Trenton, New Jersey 08625-0087, and any request and corresponding advisory opinion may be reproduced in Bulletins issued by the Division which are publicly available upon subscription. Requests which are hypothetical in nature may not receive Division response. All requests shall contain a certification that the requesting party is not aware that the subject matter of the inquiry is presently an issue pending in any Federal or State court or any administrative adjudicatory forum. If the requesting party is aware that the subject matter of the inquiry is an issue pending in any court or forum, the nature of the proceedings and identification of the court or forum shall be fully described in the request for the advisory opinion.

Amended by R.1990 d.412, effective 8/20/1990.
See: 22 N.J.R. 1811(a), 22 N.J.R. 2508(c).
In (a), "a written request" was "a written non-hypothetical request"; added new (b), with Division address for submitting requests; redesignated existing (b) as (c).
Amended by R.1995 d.450, effective 8/21/1995.
See: 27 N.J.R. 2051(a), 27 N.J.R. 3177(a).
Added certification of the legal status of the inquiry subject matter in (b) and deleted (c).
Amended by R.2000 d.342, effective 8/21/2000.
See: 32 N.J.R. 1717(a), 32 N.J.R. 3162(a).
In (b), substituted "may" for "will" following "nature".