REAL ESTATE COMMISSION 11:5-10.6
1. Whether comments received indicated a previously unrecognized impact on regulated entities or persons; or
2. Whether comments received raise unanticipated issues related to the notice of proposal.
(d) Where a 30-day extension of the comment period under (c) above is granted, the proposal shall not be adopted until the Commission has considered all comments received during the entire comment period as extended.
New Rule, R.2003 d.440, effective November 3, 2003. See: 34 New Jersey Register 4043(a), 35 New Jersey Register 5109(a). Section was – Procedure for the consideration and disposition of rulemaking petitions”, was recodified to N.J.A.C. 11:5-10.7.
11:5-10.4 Public hearings concerning proposed adoption of new rule, or proposed amendment or repeal of existing rule
(a) The Commission may hold a public hearing to gather information concerning any proposed rule, amendment, or repeal.
(b) The Commission shall publish a notice of the place, date and time of the hearing at least 15 business days before the date of the hearing.
(c) If, during the comment period following the publication of any proposal to adopt a new rule, or amend or repeal any existing rule, sufficient public interest in holding a public hearing on the proposal is demonstrated, the Commission shall conduct such a hearing. The Commission shall provide at least 15 days notice of such a public hearing, which shall be conducted in accordance with the procedures established in N.J.S.A. 52:14B-1 et seq. and N.J.A.C. 1:30.
(d) In determining whether sufficient public interest has been demonstrated for purposes of conducting a public hearing pursuant to N.J.A.C. 1:30-5.5, the Commission shall consider a request for such a hearing that has been submitted on a form prescribed by the Department of Banking and Insurance. Such a request shall be submitted within 60 days following the publication of the notice of proposal in the New Jersey Register.
1. A person interested in having a public hearing held on a notice of proposal shall submit an application on a form prescribed by the Department of Banking and Insurance to New Jersey Real Estate Commission, Department of Banking and Insurance, PO Box 328, Trenton, NJ 08625-0328. The application shall contain the following information:
i. The person’s name, address, telephone number, agency or association (if applicable);
ii. The citation and title of the proposed rule and the date the notice of proposal was published in the New Jersey Register; and
iii. The reasons a public hearing regarding the notice of proposal is considered necessary pursuant to (e) below.
(e) Sufficient public interest for the purpose o f holding a public hearing pursuant to N.J.A.C. 1:30-5.5 shall be demonstrated if the Commission determines that the consideration of additional data, findings and/or analysis regarding the notice of proposal is necessary in order to ensure that the proposed rulemaking does not violate the intent of the statutory authority.
Amended by R2003 d.440, effective November 3, 2003. See: 34 New Jersey Register 4043(a), 35 New Jersey Register 5109(a). Added (c) through (e).
11:5-10.5 Petitions for rulemaking—scope
N.J.A.C. 11:5-10.5, 10.6 and 10.7 shall apply to all petitions made by interested persons for the adoption of a new rule, or the amendment or repeal of any existing rule by the New Jersey Real Estate Commission, in accordance with N.J.S.A. 52:14B-4(f).
Recodified from N.J.A.C. 11:5-10.1 and amended by R.2003 d.440, effective November 3, 2003. See: 34 New Jersey Register 4043(a), 35 New Jersey Register 5109(a). Rewrote the section.
11:5-10.6 Procedure for the submission of petitions for rulemaking
(a) Any interested person may petition the Real Estate Commission to adopt a new rule, or amend or repeal an existing rule. Such interested person shall be deemed a “petitioner.” The petitioner may include with any petition the text of the proposed new rule, amended rule or repealed rule. All petitions for rulemaking shall clearly and concisely state:
1. The full name and address of the petitioner;
2. The substance or nature of the rulemaking action which is requested;
3. The reasons for the request;
4. The petitioner’s interest in the request, including, without limitation, any relevant organizational affiliation or economic interest; and
5. References to the Commission’s authority to take the requested action.
(b) A petitioner shall submit a petition to the following address:
New Jersey Real Estate Commission PO Box 328 Trenton, New Jersey 08625-0328
(c) A petitioner shall file a petition by forwarding an original and two copies to the Commission at the address indicated in (b) above.