Number 14, Pages 1833-2026
Total Page:16
File Type:pdf, Size:1020Kb
You're viewing an archived copy from the New Jersey State Library. IN THIS ISSUE "INDEX OF PROPOSED RULES" VOLUME 16 NUMBER 14 July 16, 1984 Indexed 16 N.J.R. 1833-2026 (Includes rules filed through June 29, 1984) The New Jersey Register supplements the New Jersey Administrative Code. To complete your research ofthe latest State Agency rule changes, see the Rule Adoptions in This Issue, the Rule Adoptions in the July 2 issue, and the Index of Adopted Rules beginning on Page 1816 of that issue. TABLE OF RULES IN THIS ISSUE RULE PROPOSALS HEALTH Worker and Community Right to Know Act ..... 1869(a) ADMINISTRATIVE LAW Worker and Community Right to Know: Transcripts at public expense for use on appeal .. I834(a) Trade Secrets 1924(a) COMMUNITY AFFAIRS HIGHER EDUCATION Local Finance Board: local authorities 1835(a) Monitoring of violence and hazing on campus 1930(a) EDUCATION Tuition-free job training courses I931(a) Readopt Supplement to Standards for State Educational Opportunity Fund: Approval of Teacher Education 1841(a) undergraduate grants 1932(a) School districts: long-range facilities plans I850(a) HUMAN SERVICES Evaluation: readopt Statewide Assessment rules . l852(a) Administration Manual: utilization of ENVIRONMENTAL PROTECTION insuran~e benefits 1933(a) Worker and Community Right to Know: Food Stamp Program: resource eligibility 1934(a) Trade Secrets l854(a) Food Stamp Program: maximum allowable Worker and Community Right to Know: income I935(a) designation of hazardous substances 1861 (a) Readopt Family Day Care Standards 1936(a) Project MR floodway delineations in Warren, INSURANCE Hunterdon, Sussex and Morris counties 1863(a) Required courses for licensees in property Floodway delineation along Green Brook in and casualty field 1940(a) Somerset and Union counties 1864(a) Required courses for licensees in life and Floodway delineation along Bear Brook in health field I943(a) Park Ridge, Bergen County 1865(a) Readable policies: Affidavit of Compliance 1945(a) Supplemental Project I floodway delineations Correction: Gender Blended Mortality Tables I946(a) in the Passaic River Basin 1865(b) Ocean and bay pound nets I866(a) (Continued on Back Cover) You're viewing an archived copy from the New Jersey State Library. ADMINISTRATIVE LAW PROPOSALS R.-...JLE PR.OP<>S~LS ADMINISTRATIVE LAW The agency proposal follows: Summary The Office of Administrative Law occasionally receives re (a) quests to provide the transcript of an administrative hearing at public expense for use on appeal. However, the Office of Administrative Law does not have the authority to make any OFFICE OF ADMINISTRATIVE LAW decision on such requests. The procedure for applications for a transcript at public Uniform Administrative Procedure Rules of expense for use on appeal is set forth in the New Jersey Court Rules at R. 2:5-3(d). The proposed amendment simply in Practice forms the parties that the application should not be made to Verbatim Record of Proceedings; Sound and the OAL, but to the Appellate Court pursuant to the Court Stenographic Recordings; Requesting Rule. In Federal appeals, the applications must be made ac Transcript; Cost cording to the Federal Court Rules. Social Impact It is anticipated that the proposed amendment will elimi Proposed Amendment: N.J.A.C. 1:1-3.3 nate confusion as to the process to be used to apply for a transcript of an administrative hearing at public expense. Authorized By: Ronald I. Parker, Acting Director, Of fice of Administrative Law. Economic Impact Since the amendment makes it clear that applications for a Authority: N.J.S.A. 52: 14F-5(e), (f) and (g). transcript at public expense should not be made to the OAL, but rather to the Appellate Division or to the Federal courts, Interested persons may submit, in writing, data, views or the proposed amendment should eliminate those applications arguments relevant to the proposal on or before August 15, which were incorrectly made to the OAL in the past. 1984. These submissions and any inquiries about submissions and responses should be addressed to: Full text of the proposal follows (additions indicated in Steven L. Lefelt, Deputy Director boldface thus). Office of Administrative Law 185 Washington Street SUBCHAPTER 3. CONDUCT OF CONTESTED CASES Newark, NJ 07102 GENERALLY At the close of the period for comments, the Office of Admin istrative Law thereafter may adopt this proposal, with any I: 1-3.3 Verbatim record of proceedings; sound and steno minor changes not in violation of the rulemaking procedures graphic recordings; requesting transcript; cost at N.J.A.C. 1:30-3.5. The adoption of these rules becomes (a)-(d) (No change.) effective upon publication in the Register of a notice of their (e) Any party or person entitled by Federal statute or regu adoption. lation to copy and inspect the verbatim transcript may arrange This proposal is known as PRN 1984-380. with the Clerk to review any transcript filed under (b) or (d) The official publication containing notices of proposed rules and rules adopted by State agencies NEW JERSEY REGISTER pursuant to the New Jersey Constitution, Art. V, Sec. IV, Para. 6 and the Administrative Procedure Act, N.J.S.A. 52:14B-I et seq. Issued monthly since September 1969, and twice monthly since November 1981. Material published in the New Jersey Register is the property of the State of New Jersey. However, it may be copied, reproduced or republished by any person for any purpose whatsoever without permission, providing that no such reproduction or republication shall bear the title "New Jersey Register" or "Official Rules Publication" without the written permission of the Director, Office of Administrative Law. The New Jersey Register (ISSN 0300-6069) is published the first and third Monday of each month by Administrative Publications of the Office of Administrative Law, CN 301, Trenton, New Jersey 08625. Telephone: (609) 292-6060. Subscriptions, payable in advance, are one year, $50 ($120 by First Class Mail); back issues when available, $5.00 each. Make checks payable to Administrative Publications. POSTMASTER: Send address changes to: New Jersey Register, CN 301, Trenton, New Jersey 08625. Second Class Postage paid in Trenton, New Jersey and additional mailing offices. The NEWJERSEYADMINISTRA TIVE CODE is published on a continuing basis by Administrative Publications ofthe Office ofAdministrative Law. Subscription rates for this 32-volume, regularly updated set ofall State administrative rules are available on request. The Code is sold either in the full set or in one to three volumes depending on the Department coverage desired. (CITE 16 N.J.R. 1834) NEW JERSEY REGISTER, MONDAY, JULY 16, 1984 You're viewing an archived copy from the New Jersey State Library. PROPOSALS COMMUNITY AFFAIRS above and shall also be permitted to hear and receive a copy providing for oversight by the State over local authority budg of any sound recorded proceeding pursuant to (c) above. All ets. The proposed budgetary controls will reinforce and pro applications to obtain a transcript of any proceeding at public tect the fiscal integrity of the local authorities and local units expense for use on appeal shall be made to the Appellate creating, joining or contracting with the authorities. Finally, Court pursuant to New Jersey Court Rule 2:5-3 or in case of the new rules will provide the budgetary controls to safeguard Federal appeals pursuant to applicable Federal Court Rules. public funds. (f) (No change.) Economic Impact Compliance by local authorities may result in a slight in crease in administrative costs since the proposed budget rules will require a new procedure of submitting introduced author ity budgets, together with supporting information, to the Di rector of the Division of Local Government Services for his COMMUNITY AFFAIRS review and approval prior to adoption. This procedure has proved successful with municipal budgets. In addition to en (a) suring the financial integrity of authorities, compliance with these rules will provide a uniform budgetary system that LOCAL FINANCE BOARD should maintain the creditability of the investment commu nity and enhance the investment ratings of the local authori Local Authorities ties. Full text of the proposed new rules follows. Proposed New Rules: N.J.A.C. 5:31 CHAPTER 31 LOCAL AUTHORITIES Authorized By: Local Finance Board, Barry P. Clark, Executive Secretary. SUBCHAPTER 1. GENERAL PROVISIONS Authority: N.J.S.A. 40A:5A-I et seq. (L.1983 c.313). 5:31-1.1 Scope Interested persons may submit in writing, data, views or This chapter shall constitute the rules governing the prepa arguments relevant to the proposal on or before August 15, ration, introduction, approval, adoption and execution after 1984. These submissions, and any inquiries about submissions adoption of any budget by a local authority, the accounting and responses, should be addressed to: principles and policies for such authorities, the administration Barry P. Clark, Executive Secretary of financial affairs of such authorities, the annual audit of the Local Finance Board books, accounts and financial transactions of such authori 363 West State Street ties, and financial reporting practices of such authorities un Trenton, NJ 08625 der the Local Authorities Fiscal Control Law, L.1983, c.3I3. The Local Finance Board thereafter may adopt this proposal without further notice (see N.J.A.C. I:30-3.5). The adoption 5:31-1.2 Definitions becomes effective upon publication in the Register of a notice The following words and terms as used in this chapter, shall of adoption. have the following meanings, unless the context clearly indi This proposal is known as PRN 1984-391. cated otherwise. "Act" means the Local Authorities Fiscal Control Law, The agency proposal follows: L.1983, c.3I3 (N.J.S.A. 40A:5A-l et seq.) "Authority" means a body, public and corporate, created Summary by one or more municipalities or counties pursuant to any law The proposed new rules govern the review and approval of authorizing that creation, which law provides that the public local authority budgets by the Director, Division of Local body so created has at least the following powers: Government Services.