N.J. Admin. Code § 6A:6-4.2

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

Section 6A:6-4.2 - Department response to a petition for rulemaking

(a) The Department will file a notice of petition with the Office of Administrative Law for publication in the New Jersey Register within 15 days of receipt of the rulemaking petition, pursuant to N.J.A.C. 1:30-4.1(c). The notice of petition shall include:

1. The name of the petitioner;

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

3. The problem or purpose identified by the petition; and

4. The date the petition was received.

(b) The President, in consultation with the Commissioner, shall determine within 60 days of the rulemaking petition's receipt the course of action for responding to the petition, pursuant to N.J.A.C. 1:30-4.2. The course of action shall be to:

1. Deny the petition, in which case the Commissioner shall provide to the petitioner a written statement of the reasons and include the reasons in the notice of action. The President and the Commissioner shall inform the State Board if such an action is taken on a petition;

2. Grant the petition and initiate a rulemaking proceeding within 90 days of granting the petition. The President and the Commissioner shall inform the State Board if such an action is taken on a petition; or

3. Refer the matter for further deliberations, the nature of which shall be specified to the petitioner and in the notice of action and which shall conclude within 90 days of the referral. Upon conclusion of further deliberations, the President, in consultation with the Commissioner, shall either deny the petition or grant the petition and initiate a rulemaking proceeding within 90 days. The Commissioner shall mail to the petitioner the results of the further deliberations and submit the results to the Office of Administrative Law for publication in the New Jersey Register.

(c) Within 60 days of receiving the rulemaking petition, the Department shall mail to the petitioner a notice of action on the petition, pursuant to N.J.A.C. 1:30-4.2(b), and shall file it with the Office of Administrative Law for publication in the New Jersey Register. The notice of action shall include:

1. The petitioner's name;

2. The New Jersey Register citation for the notice of petition;

3. Certification by the Commissioner that the petition was duly considered pursuant to law; and

4. The nature or substance of the action upon the petition.

(d) If the State Board fails to act on the rulemaking petition within the time frames set forth above and in N.J.A.C. 1:30-4.2, the petitioner may request a public hearing by submitting a written request to the Office of Administrative Law, pursuant to N.J.A.C. 1:30-4.3.

(e) The Department shall make available on its website at www.state.nj.us/education all petitions for rulemaking received and all notices of action filed, pursuant to N.J.S.A. 52:14B-3.

N.J. Admin. Code § 6A:6-4.2

Amended by 47 N.J.R. 101(c), effective 1/5/2015