N.J. Admin. Code § 16:1A-3.1 - Procedure for filing a rulemaking petition

(a) Any interested person may petition the Department of Transportation for the promulgation, amendment, or repeal of any rule of the Department of Transportation. The petition shall be in writing, signed by the petitioner and must state clearly and concisely:

1. The full name and address of the petitioner;

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

3. The reasons for the request;

4. The petitioner's interest in the request, including any economic interests;

5. The statutory authority under which the Department of Transportation may take the requested action; and

6. Existing Federal and State statutes and rules which the petitioner believes may be pertinent to the request.

(b) The petition may be submitted by:

1. Regular mail at:

New Jersey Department of Transportation

Administrative Practice Officer

PO Box 600

Trenton, NJ 08625-0600;

2. Hand delivery at:

New Jersey Department of Transportation 1035 Parkway Avenue Ewing, NJ 08625;

3. Fax number: (609)530-4638; or

4. E-mail: NJDOTRules@dot.nj.gov.

(c) Upon acceptance of a petition which satisfies the requirements of (a) above, the Department shall file a notice of receipt of the petition within 15 days with the Office of Administrative Law for publication in the New Jersey Register.

(d) Within 60 days following receipt of a petition, the Department shall either:

1. Deny the petition, in which case the Department shall provide a written statement of its reasons to the petitioner, and include such reasons in its notice of action;

2. Grant the petition and initiate a rulemaking proceeding within 90 days of the granting of the 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 such referral. Upon conclusion of such further deliberations, the Department shall either deny the petition or grant the petition and initiate a rulemaking proceeding within 90 days. The Department shall mail the results of these further deliberations to the petitioner and submit the results to the Office of Administrative Law for publication in the New Jersey Register.

(e) Within 60 days of receiving the petition, the Department 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 shall include:

1. The name of the petitioner;

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

3. The signature of the Commissioner, or his or her designee, signifying that the petition was duly considered pursuant to law;

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

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

(f) The Department shall publish each notice of action on a petition for rulemaking on its Internet website, no later than the date of publication of the notice in the New Jersey Register.

(g) The procedures outlined in this section to petition the Department for the promulgation, amendment or repeal of a rule shall apply to all Department rules, except in those cases where a special or alternative petition procedure is specifically designated.

Notes

N.J. Admin. Code § 16:1A-3.1

Amended by 47 N.J.R. 498(a), effective 2/17/2015 Amended by 49 N.J.R. 3363(a), effective 10/2/2017