Skip to main navigationSkip to News Headlines
NJ Division of Consumer Affairs
Global Navigation
Division of Consumer Affairs
The State of New Jersey Office of The Attorney General (Dept. of Law & Public Safety) The State of New Jersey NJ Home Services A to Z Departments/Agencies OAG Frequently Asked Questions
OAG Home
OAG Contact
Division of Consumer Affairs Alerts and Recalls
Division of Consumer Affairs Alerts and Recalls
Office of the Attorney General Homepage Division of Consumer Affairs, Director
Division of Consumer Affairs, Director
Division of Alcoholic Beverage Control
Division of Consumer Affairs
Division of Consumer Affairs Highlights
Division of Consumer Affairs Topics in a A-Z List Format
Office of Consumer Protection (OCP)
New Jersey Bureau of Securities
Office of Weights and Measures
Legalized Games of Chance Control Commission
Alternative Dispute Resolution
Professions and Occupations List
Contact the Division of Consumer Affairs
Division of Consumer Affairs in Spanish
Division of Criminal Justice
Division on Civil Rights
Division of Gaming Enforcement
Division of Highway Traffic Safety
Division of Law
Juvenile Justice Commission
NJ Racing Commission
State Athletic Control Board
Division of NJ State Police
Victims of Crime Compensation Office
Subscribe to Buyer Beware Alerts
OPRA - Open Public Records Act

RULE PROPOSALS
VOLUME 44, ISSUE 15
ISSUE DATE: AUGUST 6, 2012
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
UNIFORM REGULATIONS

 

44 N.J.R. 2036(a)

Proposed New Rules: N.J.A.C. 13:45C-2.6 and 2.7
 
Authorized By: Jeffrey S. Chiesa, Attorney General.
 
Authority: N.J.S.A. 5:8-6, 45:1-17(b), 49:3-67, and 52:17B-137.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2012-102.
 
Submit written comments by October 5, 2012 to:
   Eric T. Kanefsky, Acting Director
   New Jersey Division of Consumer Affairs
   124 Halsey Street
   P.O. Box 45027
   Newark, NJ 07101
 
The agency proposal follows:
 
Summary
A notice of proposal for new rules N.J.A.C. 13:45C-2 and 3 (proposal) giving the Division of Consumer Affairs (Division), all boards, committees, and units within the Division and the Legalized Games of Chance Control Commission authority to waive specific regulatory requirements under limited circumstances, and subject to certain conditions, was published in the New Jersey Register on August 1, 2011 at 43 N.J.R. 1816(b). The Division received comments about the effects [page=2037] of the proposed rules. The comment period closed September 30, 2011. The proposed new rules were adopted without substantive change and became effective upon publication in the April 16, 2012 New Jersey Register at 44 N.J.R. 1277(a).
In November 2011, one of the commenters on the proposal raised additional objections to new rules at N.J.A.C. 13:45C-2 and 3 on procedural grounds, including that the new rules did not provide how to apply for a waiver or who in an agency has authority to grant a waiver. The Division notes that how to apply for a waiver has been provided for at N.J.A.C. 13:45C-2.3. The commenter also objected to new rules at N.J.A.C. 13:45C-2 and 3 because there was no requirement that decisions about waivers be made public. The Division is proposing new N.J.A.C. 13:45C-2.6 and 2.7, to address this and other objections.
Proposed new N.J.A.C. 13:45C-2.6(a) requires an agency to notify an applicant of any items missing from an application. Subsection (b) provides that the decision to grant or deny an application for a waiver lies with the agency head. Subsection (c) provides that in the case of a board, discussions of, and decisions on, applications for a waiver shall be made in public session, except that discussion of an application may be conducted in closed session, as set forth in N.J.S.A. 10:4-12.b. Under subsection (d), the agency head must issue the decision with the reasons for it, in writing. Subsection (e) requires that written notice of the decision must be given to the applicant and that an applicant whose application for a waiver is denied must be afforded an opportunity to submit additional written information, which, in the discretion of the agency head, may be supplemented by an opportunity to be heard. Subsection (f) provides that this decision, excluding materials described in N.J.S.A. 10:4-12.b(3), shall be reported in minutes in the case of a board, and, in all cases, posted on the agency's website. Subsection (g) provides that nothing contained in N.J.A.C. 13:45C-2 shall preclude a decision by an agency head on an application for a waiver to require substantially equivalent compliance with the regulatory requirement rather than grant or deny the waiver.
Except for rules concerning an applicant or an application, proposed new N.J.A.C. 13:45C-2.7 contains parallel provisions for waivers granted by an agency on its own initiative as to those discussed in regards to N.J.A.C. 13:45C-2.6.
A 60-day comment period is provided for in this notice of proposal and, therefore, this notice is excepted from the rulemaking calendar requirements pursuant to N.J.A.C. 1:30-3.3(a)5.
 
Social Impact
The proposed new rules will give guidance to individuals and entities seeking to have specific regulatory requirements waived or relaxed. Fundamental consumer protection will not be diminished because statutory mandates are not subject to waiver and the waiver or relaxation of regulatory requirements must be consistent with the underlying purposes of the agency's laws and rules.
 
Economic Impact
The effects of the proposed new rules may have positive economic ramifications in that the new rules will help create an atmosphere where licensees, applicants, businesses, and consumers are not unduly burdened by regulatory requirements. It is not anticipated that the proposed new rules will have a negative economic impact.
 
Federal Standards Statement
A Federal standards analysis is not required because the proposed new rules are not subject to any Federal standards or requirements.
 
Jobs Impact
Although the proposal is expected to enhance the business climate in the State and may help businesses grow, encourage businesses to locate, and new businesses to be established in New Jersey, helping to grow and create and sustain jobs, it will not be at the expense of consumer protection. It is not anticipated that the proposed new rules will have a direct impact on the increase or decrease of jobs in the State.
 
Agriculture Industry Impact
The proposed new rules will have no impact on the agriculture industry in the State.
 
Regulatory Flexibility Statement
A regulatory flexibility analysis is not required because the proposed new rules do not impose reporting, recordkeeping, or other compliance requirements on small businesses, as discussed in the Summary above. The proposed new rules, along with N.J.A.C. 13:45C-2, authorize waivers from strict compliance with rules and the use of measures to encourage compliance rather than the punitive imposition of penalties.
 
Housing Affordability Impact Analysis
The proposed new rules will have an insignificant impact on affordable housing in New Jersey and it is extremely unlikely that the rules would evoke a change in the average costs associated with housing because the proposed new rules concern applications for waivers from strict compliance with rules and the procedures for making decisions and for making such decisions regarding waivers public.
 
Smart Growth Development Impact Analysis
The proposed new rules will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed new rules concern applications for waivers from strict compliance with rules and the procedures for making decisions and for making such decisions regarding waivers public.
 
Full text of the proposed new rules follows:
 
13:45C-2.6   Procedure for application for a waiver
 
(a) An agency that receives an application for a waiver under this subchapter shall notify the applicant of any missing items or when the application is complete. For the purpose of this subchapter, a waiver shall include the relaxation of a regulatory requirement or permission for substantially equivalent compliance with the requirement.
 
(b) The decision to grant or deny an application for a waiver under this subchapter shall be made by the agency head or his or her designee. For the purpose of this section, the agency head is, as appropriate:
 
1. The board, if the agency is a professional or occupational licensing board, committee, or subunit of a board or committee;
 
2. The Commission; or
 
3. The Director of the Division or his or her designee.
 
(c) In the case of a board, the discussions of, and decisions on applications for a waiver shall be made in public session, except that discussion of an application may be conducted in closed session if permitted by N.J.S.A. 10:4-12.b.
 
(d) The agency head shall issue a decision, in writing, granting or denying the application for a waiver, or relaxing the regulatory requirement sought to be waived, stating the reasons for the decision. The decision of the agency head shall be final.
 
(e) Notice of the decision shall be given in writing to the applicant. An applicant whose application for a waiver under this subchapter is denied shall be given an opportunity to submit additional written information, which, in the discretion of the agency head, may be supplemented by an opportunity to be heard.
 
(f) A decision granting or denying an application for a waiver, excluding material described in N.J.S.A. 10:4-12.b(3), in the case of a board, shall be reported in the minutes and posted on its website; in the case of the Commission it shall be posted on its website; or in the case of the Division, it shall be posted on the website of the appropriate unit.
 
(g) Nothing contained in this subchapter shall preclude a decision by an agency head on an application for a waiver to require substantially equivalent compliance with the regulatory requirement rather than grant or deny the waiver.
 
13:45C-2.7   Waiver by an agency on its own initiative
 
(a) The decision by an agency to waive a regulatory requirement under this subchapter on its own initiative shall be made by the agency head or his or her designee. For the purpose of this section, the agency head is, as appropriate:
 
1. The board, if the agency is a professional or occupational licensing board, committee, or subunit of a board or committee;
 
2. The Commission; or
 
3. The Director of the Division or his or her designee.
 
(b) In the case of a board, a decision to waive a regulatory requirement shall be made in public session.
 
(c) The agency head shall issue a decision to waive a regulatory requirement in writing, stating the reasons for the decision. The decision of the agency head shall be final.
 
(d) A decision by a board to waive or relax a regulatory requirement shall be reported in the minutes and posted on its website; in the case of the Commission it shall be posted on its website; or in the case of the Division, it shall be posted on the website of the appropriate unit.


 


 


 

If you wish to submit comments about this rule proposal, please fill out the form below. When you have completed the form, click the "Submit Your Comments" button below.

Last Name :

First Name:

Professional Organization, Association or Affiliation, if any:

E-Mail Address:

Comments:

       

   
Contact Us | Privacy Notice | Legal Statement | Accessibility Statement
NJ Home Logo
Divisional: DCA Home | Complaint Forms | Proposals | Adoptions | Contact DCA
Departmental: OAG Home | Contact OAG | About OAG | OAG News | OAG FAQs
Statewide: NJ Home | Services A to Z | Departments/Agencies | FAQs
Copyright State of New Jersey
This page is maintained by DCA. Comments/Questions: email

Page last modified: