Rutgers Law

New Jersey Statutes, Title: 48, PUBLIC UTILITIES

    Chapter 2: Board of Public Utilities continued; membership; terms.

      Section: 48:2-40: Issuance of order; effective dates; service; posting on Internet; rehearing.

          48:2-40. a. A majority vote of the board shall be necessary to the issuance of an order.

b. (1) After the effective date of P.L.2011, c.63, the board shall issue every order in written form.

(2) If a matter is an emergency that affects public health and safety, the board may issue a temporary order on the matter orally, but shall within 14 days thereafter issue the order as a written order that does not differ substantively from the oral order. Any board order issued orally may be made effective immediately, but, regardless of its effective date, if that order is not issued in written form within 14 calendar days thereafter, or the written order is substantively different from the oral order, the oral order shall be void and of no effect as of the 15th calendar day after its issuance.

c. The board shall issue any written order by filing a copy thereof with the board secretary. Every written order issued by the board shall be:

(1) served upon the person or public utility affected thereby within seven calendar days from its filing by personally delivering or by mailing a certified copy thereof in a sealed package with postage prepaid to the person affected or to an officer or agent of the public utility upon whom a summons may be served; and

(2) posted on its public document search system, established pursuant to section 2 of P.L.2021, c.96 (C.48:2-10.2), within seven calendar days from its filing.

d. All written orders of the board shall become effective upon service thereof or upon such dates after the service thereof as may be specified therein.

e. The board at any time may order a rehearing and extend, revoke, or modify an order made by it.

amended 2011, c.63, s.1; 2021, c.96, s.5.

This section added to the Rutgers Database: 2021-07-06 17:15:41.

Older versions of 48:2-40 (if available):

Court decisions that cite this statute: CLICK HERE.