N.J. Admin. Code § 1:30-3.3 - Exceptions
(a) TThe provisions of
N.J.A.C.
1:30-3.1 and 3.2 shall not apply to any
rulemaking:
1. Required or authorized by
Federal law, when failure to adopt rules in a timely manner will prejudice the
State;
2. Subject to a specific
statutory authorization requiring promulgation in a lesser time period than
addition to a calendar would permit;
3. Involving an imminent peril subject to
provisions of
N.J.S.A. 52:14B-4(c);
4. For which the agency has published a
notice of pre-proposal of the rule in accordance with
N.J.A.C.
1:30-5.3(b) and (c);
or
5. For which a comment period of
at least 60 days is provided.
(b) A proposed rule falling within any of the
exceptions in (a) above shall so indicate in the Summary of notice of proposal.
If the rule falls under the exception in (a)1 above, the Summary shall include
the specific citation of the Federal law requiring or authorizing the rule, and
an explanation as to how failure to adopt the rule in a timely manner will
prejudice the State.
Notes
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