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Emergency Rule Adoption and Concurrent Proposal
If the department 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 department may proceed without prior notice or hearing, or upon any abbreviated notice and hearing the department finds practicable, to adopt the rule.
Emergency rules are effective for not more than 120 days and require repromulgation in accordance with normal rule-making procedures. See NJSA 52:14B-4(c).
In these instances, the department allows a minimum period of 30 days for comments on the concurrent rule proposal. At the close of the period for comments, the department may thereafter adopt the proposal without change, or with changes not in violation of the rulemaking procedures at N.J.A.C. 1:30-4.3.
Interested persons may submit comments or information concerning any of the rule proposals in the New Jersey Register until the date indicated in the proposal. Submissions and any inquires about submission should be addressed to the agency officer specified for a particular proposal.