N.J. Admin. Code § 19:25-2.6

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

Section 19:25-2.6 - Public hearings for rulemaking

(a) The Commission shall hold a public hearing on a rulemaking notice of proposal at the request of a committee of the Legislature, or a governmental agency or subdivision, or if sufficient public interest in a public hearing is demonstrated within 30 days of the publication of the notice of proposal in the New Jersey Register, or whenever deemed appropriate by the Commission.

(b) Sufficient public interest in holding a public hearing for rulemaking shall be determined by the Commission based on written requests submitted to the addresses to which comments are to be sent contained in the notice of proposal. Public interest in holding a public hearing shall be sufficient if:

1. At least 20 persons submit written requests for a public hearing to present data, arguments, or views that raise a substantial issue as to the impact of the notice of proposal on the regulated community or the general public that has not been anticipated by the Commission. Such written submission shall include the basis for the hearing request;

2. Written comment submitted pursuant to N.J.A.C. 1:30-5.4 does not constitute a request for a public hearing for purposes of determining sufficient public interest in holding a public hearing, unless such comment specifically contains a request for a hearing pursuant to (b)1 above; and

3. No other public hearing on the notice of proposal has been scheduled or held by the Commission under this rule or other applicable law or rule.

(c) For the purposes of (b)1 above, a professional organization, law firm, corporation, partnership, association, or any other organization or groups of persons that submit(s) a request for a public hearing on behalf of a group of interested parties shall be considered one person.

(d) Any public hearing held under (a) above may be held in conjunction with an open public meeting of the Commission or as otherwise determined by the Commission, consistent with the requirements of N.J.A.C. 1:30-5.5. The Commission shall not be required to hold more than one public hearing on any notice of proposal.

N.J. Admin. Code § 19:25-2.6

Adopted by 48 N.J.R. 334(a), effective 2/16/2016