Title 52, Title 52: STATE GOVERNMENT, DEPARTMENTS AND OFFICERS

52:14B-12. Administrative review Whenever under statute or agency rule there is a mode of administrative review within an agency, such review shall remain unimpaired and any judicial review shall be from the final action of the agency. The administrative review within the agency …

52:14B-13. Effect of act on prior proceedings Nothing in this act shall be deemed to affect any agency proceeding initiated prior to the effective date hereof. L.1968, c. 410, s. 13.

52:14B-14. Severability If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and t…

52:14B-15. General repealer All acts and parts of acts which are inconsistent with the provisions of this act are, to the extent of such inconsistency, hereby repealed; but such repeal shall not affect pending proceedings. L.1968, c. 410, s. 15.

52:14B-16. Short title This act shall be known and may be cited as the "New Jersey Regulatory Flexibility Act." L. 1986, c. 169, s. 1, eff. Dec. 4, 1986.

52:14B-17. "Small business" defined As used in this act, "small business" means any business which is resident in this State, independently owned and operated and not dominant in its field, and which employs fewer than 100 full-time employees. L. 1986, c. 169, s. 2, eff. Dec. 4, …

52:14B-18. Approaches In developing and proposing a rule for adoption, the agency involved shall utilize approaches which will accomplish the objectives of applicable statutes while minimizing any adverse economic impact of the proposed rule on small businesses of different types…

52:14B-19. Regulatory flexibility analysis In proposing a rule for adoption, the agency involved shall issue a regulatory flexibility analysis regarding the rule, which shall be included in the notice of a proposed rule as required by subsection (a) of section 4 of P.L. 1968, c. …

52:14B-2 Definitions. 2. As used in this act: "Administrative adjudication" or "adjudication" includes any and every final determination, decision, or order made or rendered in any contested case. "Administrative rule" or "rule," when not otherwise modified, means each agency sta…

52:14B-20. Considered one rule In order to avoid duplicative action, an agency may consider a series of closely related rules as one rule for the purposes of complying with section 4 of this act. L. 1986, c. 169, s. 5, eff. Dec. 4, 1986.

52:14B-21. Description of effects of rule In complying with the provisions of section 4 of this act, an agency may provide either a quantifiable or numerical description of the effects of a proposed rule or more general descriptive statements, if quantification is not practicable…

52:14B-21.1 Definitions relative to creation of uniform application form. 1. As used in this act: "Department" means the Department of State. "Financial assistance program" or "program" means any program offered by a State agency to a small business that allows a small business t…

52:14B-21.2 Establishment, maintenance of program. 2. The department shall, in consultation with the New Jersey Economic Development Authority, establish and maintain a program to assist small businesses in identifying financial assistance programs, offered by any State agency, f…

52:14B-21.3 Rules, regulations. 3. The department may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate the purposes of this act. L.2011, c.123, s.3.

52:14B-22. State policy to reduce confusion, costs in complying with State regulations 1. It is the declared policy of the State to reduce, wherever practicable, confusion and costs involved in complying with State regulations. Confusion and costs are increased when there are mul…

52:14B-23. Administrative agency standards, statement relative to federal requirements 2. On or after the effective date of this act, each administrative agency that adopts, readopts or amends any rule or regulation described in section 3 of this act shall, in addition to all the…

52:14B-24. Applicability of act relative to federal requirements 3. This act shall apply to any rule or regulation that is adopted, readopted or amended under the authority of or in order to implement, comply with or participate in any program established under federal law or und…

52:14B-25 Definitions relative to certain mandate requirements, procedures for small municipalities. 13. a. For the purposes of this section: "State mandate" means a program, service or activity that is to be performed or implemented by a local unit for or on behalf of its reside…

52:14B-26 Definitions relative to State and local agency business permits. 1. As used in this act: "Local agency" means any department of a political subdivision of this State, or any division, office, agency, or bureau thereof that issues a permit to a business. "Permit" means a…

52:14B-27 Periodic review of permits. 2. a. Consistent with the requirements of applicable statutes, the head of each State agency shall periodically conduct a comprehensive written review of all permits issued by the State agency, in order to identify: (1) those permits that can…

52:14B-28 System of review of business permits issued. 3. The Secretary of State or other State officer or employee as the Governor may designate to manage this program within the Department of State shall develop a system of consolidated and contemporaneous review of State and l…

52:14B-29 Designation of contact person. 4. Concerning any large, complex project having a significant potential employment or investment impact, the Secretary of State or other State officer or employee designated by the Governor pursuant to section 3 of P.L.2011, c.34 (C.52:14B…

52:14B-3 Additional requirements for rule-making. 3. In addition to other rule-making requirements imposed by law, each agency shall: (1) adopt as a rule a description of its organization, stating the general course and method of its operations and the methods whereby the public …

52:14B-3.1. Findings, declarations 1. The Legislature finds and declares that: a. Under the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) all interested persons are afforded reasonable opportunity to submit data, views or arguments, orally…

52:14B-3.2. Definitions 2. As used in this act: "Permit decision" means a decision by a State agency to grant, deny, modify, suspend or revoke any agency license, permit, certificate, approval, chapter, registration or other form of permission required by law, other than a licens…

52:14B-3.3. Appeal of permit decision by third party 3. a. Except as otherwise required by federal law or by a statute that specifically allows a third party to appeal a permit decision, a State agency shall not promulgate any rule or regulation that would allow a third party to …

52:14B-30 Report to Governor, Legislature. 5. a. The Secretary of State, or other State officer or employee designated by the Governor pursuant to section 3 of P.L.2011, c.34 (C.52:14B-28), shall submit, no less than biennially, a report to the Governor and, pursuant to section 2…

52:14B-31 Information required to be posted on State agency website. 2. a. Notwithstanding any law, rule, or regulation to the contrary, each State agency shall post, in a visible and publicly-accessible location on the agency's Internet website: (1) the complete and current text…

52:14B-3a Regulations relative to State agency rule-making; "regulatory guidance document" defined. 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 …

52:14B-4 Adoption, amendment, repeal of rules. 4. (a) Prior to the adoption, amendment, or repeal of any rule, except as may be otherwise provided, the agency shall: (1) Give at least 30 days' notice of its intended action. The notice shall include a statement of either the terms…

52:14B-4.1. Rules, submission to Legislature; referral to committee 1. Every rule hereafter proposed by a State agency shall be submitted by the Office of Administrative Law to the Senate and General Assembly within two business days of its receipt by the office, and the Presiden…

52:14B-4.10 Changes to agency rule, certain, upon adoption. 1. a. Notwithstanding any other provision of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), or rule adopted pursuant thereto, to the contrary, where, following a notice of proposal and upon con…

52:14B-4.1a. Compliance with interagency rules required; OAL review for clarity 9. a. The director is authorized to refuse to accept from an agency a notice of proposal or notice of adoption which adopts, readopts or amends a rule or regulation, if the director determines that th…

52:14B-4.1b Housing affordability impact analysis. 31. a. In proposing a rule for adoption, the agency involved shall issue a housing affordability impact analysis regarding the rule, which shall be included in the notice of a proposed rule as required by subsection (a) of sectio…

52:14B-4.3. Concurrent resolution of Legislature to invalidate rules in whole or in part 3. If, pursuant to Article V, section 4, paragraph 6 of the New Jersey Constitution, the Senate and General Assembly adopt a concurrent resolution invalidating a rule or regulation, in whole …

52:14B-4.8. Votes on concurrent resolutions; recordation A vote by the Senate or General Assembly on a concurrent resolution on any action authorized by this act shall be a recorded vote. L.1981, c. 27, s. 8.

52:14B-4.9. Proposed rule which revises, rescinds or replaces proposed, existing or suspended rule as new rule Any rule proposed by a State agency which revises, rescinds or replaces either (1) any proposed or existing rule or (2) any rule which has been suspended shall be consid…

52:14B-5. Filing of rules; concurrent resolution of the Legislature; effect of publication 5. (a) Each agency shall file with the Director and Chief Administrative Law Judge of the Office of Administrative Law a certified copy of each rule adopted by it. (b) Deleted by amendment,…

52:14B-5.1 Expiration of rules; continuation. 10. a. (Deleted by amendment, P.L.2011, c.45) b. Every rule adopted on or after the effective date of P.L.2001, c.5 (C.52:14B-4.1a et al.) shall expire seven years following the effective date of the rule unless a sooner expiration da…

52:14B-7. New Jersey Administrative Code; New Jersey Register; publication 7. (a) The director shall compile, index, and publish a publication to be known as the "New Jersey Administrative Code," containing all effective rules adopted by each agency. The code shall be periodicall…

52:14B-7.1 OAL to establish, maintain Internet publication of a State rule-making database. 1. a. The Office of Administrative Law shall establish and maintain, at a publicly accessible location on its Internet website, a searchable database that identifies the number, nature, an…

52:14B-8. Declaratory rulings Subject to the provisions of section 4(b) and 4(e) of chapter 20, laws of 1944, as amended and supplemented (C. 52:17A-4b and 4e), an agency upon the request of any interested person may in its discretion make a declaratory ruling with respect to the…

52:14B-9 Notice and hearing in contested cases. 9. (a) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice. (b) The notice shall include in addition to such other information as may be deemed appropriate: (1) A statement of the ti…

52:14B-9.1 Process for consideration and settlement of contested case. 4. Each State agency shall develop and implement a process for the consideration and settlement of a contested case. The process shall be set forth in writing and filed with the Director of the Office of Admin…