[Second Reprint]

ASSEMBLY, No. 2464

STATE OF NEW JERSEY

214th LEGISLATURE

INTRODUCED MARCH 4, 2010

Sponsored by:

Assemblyman  JOHN J. BURZICHELLI

District 3 (Salem, Cumberland and Gloucester)

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

Co-Sponsored by:

Assemblywoman McHose, Senators Oroho and Addiego

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 amended by the General Assembly on March 15, 2010.

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.    ¹a.¹  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.

¹b.   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.¹

²d.   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).²

     2.    This act shall take effect immediately.