New Jersey § 52:14b-4

§ 52:14b-4.

(a) Prior to the adoption, amendment, or repeal of any rule, except as may be otherwise

provided, the agency shall: (1) Give at least 30 days' notice of its intended action. The notice shall include a statement of either the terms or substance of the intended

action or a description of the subjects and issues involved, and the time when, the

place where, and the manner in which interested persons may present their views thereon. The notice shall be mailed to all persons who have made timely requests of the agency

for advance notice of its rule-making proceedings and, in addition to any other public

notice required by law, shall be published in the New Jersey Register. Notice shall also be distributed to the news media maintaining a press office to

cover the State House Complex, and made available for public viewing through publication

on the agency's Internet website. Each agency shall additionally publicize the intended action and shall adopt rules

to prescribe the manner in which it will do so. In order to inform those persons most likely to be affected by or interested in

the intended action, each agency shall distribute notice of its intended action to

interested persons, and shall publicize the same, through the use of an electronic

mailing list or similar type of subscription-based e-mail service. Additional publicity methods that may be employed include publication of the notice

in newspapers of general circulation or in trade, industry, governmental or professional

publications, distribution of press releases to the news media and posting of notices

in appropriate locations, including the agency's Internet website. The rules shall prescribe the circumstances under which each additional method shall

be employed; (2) Prepare for public distribution at the time the notice appears in the Register,

and make available for public viewing through publication on the agency's Internet

website, a statement setting forth a summary of the proposed rule, as well as a clear

and concise explanation of the purpose and effect of the rule, the specific legal

authority under which its adoption is authorized, a description of the expected socio-economic

impact of the rule, a regulatory flexibility analysis, or the statement of finding

that a regulatory flexibility analysis is not required, as provided in section 4 of

P.L.1986, c. 169 ( C.52:14B-19 ), a jobs impact statement which shall include an assessment of the number of jobs

to be generated or lost if the proposed rule takes effect, an agriculture industry

impact statement as provided in section 7 of P.L.1998, c. 48 ( C.4:1C-10.3 ), a housing affordability impact statement , a smart growth development impact statement, as provided in section 31 of P.L.2008, c. 46 ( C.52:14B-4.1b ) , and a racial and ethnic community criminal justice and public safety impact statement

as required in section 3 of P.L.2017, c. 286 ( C.2C:48B-2 ) ; (3) Afford all interested persons a reasonable opportunity to submit data, views,

comments, or arguments, orally or in writing. The agency shall consider fully all written and oral submissions respecting the

proposed rule, including any written submissions that are received by the agency through

its e-mail systems or electronic mailing lists. If within 30 days of the publication of the proposed rule sufficient public interest

is demonstrated in an extension of the time for submissions, the agency shall provide

an additional 30-day period for the receipt of submissions by interested parties. The agency shall not adopt the proposed rule until after the end of that 30-day

extension. The agency shall conduct a public hearing on the proposed rule at the request of a

committee of the Legislature, or a governmental agency or subdivision, or if sufficient

public interest is shown, provided such request is made to the agency within 30 days

following publication of the proposed rule in the Register. The agency shall provide at least 15 days' notice of such hearing, shall publish

such hearing notice on its Internet website, and shall conduct the hearing in accordance

with the provisions of subsection (g) of this section. The head of each agency shall adopt as part of its rules of practice adopted pursuant

to section 3 of P.L.1968, c. 410 ( C.52:14B-3 ) definite standards of what constitutes sufficient public interest for conducting

a public hearing and for granting an extension pursuant to this paragraph; and (4) Prepare for public distribution, and make available for public viewing through

publication on the agency's Internet website, a report listing all parties offering

written or oral submissions concerning the rule, summarizing the content of the submissions

and providing the agency's response to the data, views, comments, and arguments contained

in the submissions. (b) A rule prescribing the organization of an agency may be adopted at any time without

prior notice or hearing. Such rules shall be effective upon filing in accordance with section 5 of P.L.1968,

c. 410 ( C.52:14B-5 ) or upon any later date specified by the agency. (c) If an agency finds that an imminent peril to the public health, safety, or welfare

requires adoption of a rule upon fewer than 30 days' notice and states in writing

its reasons for that finding, and the Governor concurs in writing that an imminent

peril exists, the agency may proceed to adopt the rule without prior notice or hearing,

or upon any abbreviated notice and hearing that it finds practicable. The agency shall publish, on its Internet website, a summary of any rule adopted

pursuant to this subsection, and the statement of reasons for the agency's finding

that an imminent peril exists. Any rule adopted pursuant to this subsection shall be effective for a period of

not more than 60 days, unless each house of the Legislature passes a resolution concurring

in its extension for a period of not more than 60 additional days. The rule shall not be effective for more than 120 days unless repromulgated in accordance

with normal rule-making procedures. (d) No rule hereafter adopted is valid unless adopted in substantial compliance with

P.L.1968, c. 410 ( C.52:14B-1 et seq. ). A proceeding to contest any rule on the ground of noncompliance with the procedural

requirements of P.L.1968, c. 410 ( C.52:14B-1 et seq. ) shall be commenced within one year from the effective date of the rule. (e) An agency may file a notice of intent with respect to a proposed rule-making proceeding

with the Office of Administrative Law, for publication in the New Jersey Register

at any time prior to the formal notice of action required in subsection (a) of this

section. The notice shall be for the purpose of eliciting the views of interested parties

on an action prior to the filing of a formal rule proposal. Such notice shall be distributed to interested persons through the use of an electronic

mailing list or similar type of subscription-based e-mail service, and made available

for public viewing through publication on the agency's Internet website. The agency shall afford all interested persons a reasonable opportunity to submit

data, views, comments, or arguments, orally or in writing, on the proposed action,

and shall fully consider all written and oral submissions, including any written submissions

received by the agency through its e-mail systems or electronic mailing lists. An agency may use informal conferences and consultations as means of obtaining the

viewpoints and advice of interested persons with respect to contemplated rule-making. An agency may also appoint committees of experts or interested persons or representatives

of the general public to advise it with respect to any contemplated rule-making. (f) An interested person may petition an agency to adopt a new rule, or amend or repeal

any existing rule. Such petition may be submitted to the agency through mail, e-mail, electronic mailing

list, or through any other means. Each agency shall prescribe by rule the form for the petition and the procedure

for the consideration and disposition of the petition. The petition shall state clearly and concisely: (1) The substance or nature of the rule-making which is requested; (2) The reasons for the request and the petitioner's interest in the request; (3) References to the authority of the agency to take the requested action. The petitioner may provide the text of the proposed new rule, amended rule or repealed

rule. Within 60 days following receipt by an agency of any such petition, the agency shall

either: (i) deny the petition, giving a written statement of its reasons; (ii) grant

the petition and initiate a rule-making proceeding within 90 days of granting the

petition; or (iii) 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 agency shall either deny the

petition and provide a written statement of its reasons or grant the petition and

initiate a rule-making proceeding within 90 days. Upon the receipt of the petition, the agency shall file a notice stating the name

of the petitioner and the nature of the request with the Office of Administrative

Law for publication in the New Jersey Register. Notice of formal agency action on such petition shall also be filed with the Office

of Administrative Law for publication in the Register, and shall be made available

for public viewing through publication on the agency's Internet website. If an agency fails to act in accordance with the time frame set forth in the preceding

paragraph, upon written request by the petitioner, the Director of the Office of Administrative

Law shall order a public hearing on the rule-making petition and shall provide the

agency with a notice of the director's intent to hold the public hearing if the agency

does not. If the agency does not provide notice of a hearing within 15 days of the director's

notice, the director shall schedule, and provide the public with a notice of, that

hearing at least 15 days prior thereto. Hearing notice shall also be made available for public viewing through publication

on the agency's Internet website. If the public hearing is held by the Office of Administrative Law, it shall be conducted

by an administrative law judge, a person on assignment from another agency, a person

from the Office of Administrative Law assigned pursuant to subsection o. of section

5 of P.L.1978, c. 67 ( C.52:14F-5 ), or an independent contractor assigned by the director. The petitioner and the agency shall participate in the public hearing and shall

present a summary of their positions on the petition, a summary of the factual information

on which their positions on the petition are based and shall respond to questions

posed by any interested party. The hearing procedure shall otherwise be consistent with the requirements for the

conduct of a public hearing as prescribed in subsection (g) of section 4 of P.L.1968,

c. 410 ( C.52:14B-4 ), except that the person assigned to conduct the hearing shall make a report summarizing

the factual record presented and the arguments for and against proceeding with a rule

proposal based upon the petition. This report shall be filed with the agency and delivered or mailed to the petitioner. A copy of the report shall be filed with the Legislature along with the petition

for rule-making. (g) All public hearings shall be conducted by a hearing officer, who may be an official

of the agency, a member of its staff, a person on assignment from another agency,

a person from the Office of Administrative Law assigned pursuant to subsection o.

of section 5 of P.L.1978, c. 67 ( C.52:14F-5 ) or an independent contractor. The hearing officer shall have the responsibility to make recommendations to the

agency regarding the adoption, amendment or repeal of a rule. These recommendations shall be made public. At the beginning of each hearing, or series of hearings, the agency, if it has made

a proposal, shall present a summary of the factual information on which its proposal

is based, and shall respond to questions posed by any interested party. Hearings shall be conducted at such times and in locations which shall afford interested

parties the opportunity to attend. A verbatim record of each hearing shall be maintained, and copies of the record

shall be available to the public at no more than the actual cost, which shall be that

of the agency where the petition for rule-making originated.