N.J. Admin. Code § 17:30-3.9

Current through Register Vol. 56, No. 21, November 4, 2024

Section 17:30-3.9 - Petitions for rulemaking; procedure

(a) As used in this section, "initiate a rulemaking proceeding" means the submission of a notice of proposal to the Office of Administrative Law for publication in the next available issue of the New Jersey Register.

(b) Any interested person may petition the Commission to promulgate, amend, or repeal any rule of the Commission. Such petition must be in writing, signed by the petitioner, and must state clearly and concisely:

1. The full name and address of the petitioner;

2. The reasons for the request;

3. A description of the substance or nature of the rulemaking that is requested and the draft text of the proposed rule or rules;

4. A complete disclosure of the petitioner's interest in the request, including, without limitation, any relevant organizational affiliation or economic interest and the financial effect upon petitioner if the request were brought into effect;

5. The statutory authority under which the Commission may take the requested action; and

6. Any existing Federal or State statutes and rules that the petitioner believes may be pertinent to the request.

(c) Petitions for the promulgation, amendment, or repeal of a rule by the Commission shall be captioned "Petition for Rulemaking Action" and shall be sent by email to crc.rules@crc.nj.gov or in hard copy addressed to:

Cannabis Regulatory Commission

Office of the Executive Director

PO Box 216

Trenton, New Jersey 08625-0216

(d) Any document submitted to the Commission that is not in substantial compliance with this section shall not be deemed to be a petition for rulemaking requiring further agency action.

(e) Within 15 days of receipt of a petition in compliance with this section, the Commission will file a notice of petition with the Office of Administrative Law for publication in the New Jersey Register in accordance with N.J.A.C. 1:30-4.1(c). The notice will include the following:

1. The name of the petitioner;

2. The substance or nature of the rulemaking action that is requested;

3. The problem or purpose that is the subject of the request; and

4. The date the petition was received.

(f) Within 60 days following receipt of any such petition, the Commission shall:

1. Deny the petition, giving a written statement of its reasons;

2. Grant the petition and initiate a rulemaking proceeding within 90 days of granting the petition; or

3. Refer the matter for further deliberations which shall be concluded within 90 days of referring the matter for further deliberations. Upon conclusion of such further deliberations, the Commission shall either deny the petition and provide a written statement of its reasons or grant the petition and initiate a rulemaking proceeding within 90 days. The results of these further deliberations will be mailed to the petitioner and submitted to the Office of Administrative Law for publication in the New Jersey Register.

(g) Within 60 calendar days of receiving the petition, the Commission shall mail to the petitioner, and file with the Office of Administrative Law for publication in the New Jersey Register, a notice of action on the petition, which will include:

1. The name of the petitioner;

2. The New Jersey Register citation for the notice of petition, if that notice appeared in a previous New Jersey Register;

3. Certification by the Executive Director and Chair of the Commission that the petition was duly considered pursuant to law;

4. The nature or substance of the Commission's action upon the petition; and

5. A brief statement of reasons for the Commission's action.

N.J. Admin. Code § 17:30-3.9

Adopted by 53 N.J.R. 1583(a), effective 8/19/2021

Amended by 55 N.J.R. 402(a), effective 3/6/2023