Bill Text: NJ S1783 | 2010-2011 | Regular Session | Amended

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Bill Title: Requires all State agency rules be published in NJ Register, and prohibits use of regulatory guidance documents except under certain circumstances.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-12-15 - Substituted by A2464 (2R) [S1783 Detail]

Download: New_Jersey-2010-S1783-Amended.html

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[First Reprint]

SENATE, No. 1783

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MARCH 15, 2010

 

 

Sponsored by:

Senator  STEVEN V. OROHO

District 24 (Sussex, Hunterdon and Morris)

Senator  DAWN MARIE ADDIEGO

District 8 (Burlington)

 

 

 

 

SYNOPSIS

     Requires all State agency rules be published in NJ Register, and prohibits use of regulatory guidance documents except under certain circumstances.

 

CURRENT VERSION OF TEXT

     As reported by the Senate State Government, Wagering, Tourism & Historic Preservation Committee on March 10, 2011, with amendments.

  

An Act concerning State agency rule-making and supplementing P.L.1968, c.410 (C.52:14B-1 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  A State agency shall follow the administrative rule-making requirements set forth in the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and shall only implement rules that have been adopted in accordance with those rule-making requirements.

     Unless specifically authorized by State law, a State agency shall not utilize regulatory guidance documents unless the documents have been adopted as rules in accordance with P.L.1968, c.410.

     b.    Notwithstanding the provisions of subsection a. of this section to the contrary, a State agency may implement a regulatory guidance document without specific authorization by State law when the State agency determines that regulatory guidance is necessary in order to clarify or explain a component of a new rule or adopted amendments to an existing rule, provided that the regulatory guidance document is posted in a prominent place on the website for the agency.

     A regulatory guidance document authorized pursuant to this subsection, until such time as it is adopted as a rule pursuant to P.L.1968, c.410, shall not:

     (1)   impose any new or additional requirements that are not included in the rule that the regulatory guidance document is intended to clarify or explain; or

     (2)   be used by the State agency for enforcement purposes.

     c.     Within 30 days after the date of enactment of this act, each State agency shall make public in a prominent place on the website for the agency all regulatory guidance documents used by the agency that are specifically authorized by State law and clearly identify the State law providing the authorization for each regulatory guidance document.

     ¹d.   As used in this section, "regulatory guidance document" means any policy memorandum or other similar document used by a State agency to provide technical or regulatory assistance or direction in the implementation of a State or federal law or a rule adopted pursuant to P.L.1968, c.410 where the document itself has not been adopted pursuant to P.L.1968, c.410, but shall not include technical manuals adopted by the Department of Environmental
Protection pursuant to section 1 of P.L.1991, c.422 (C.13:1D-111).¹

 

     2.    This act shall take effect immediately.