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

52:14-6.18. Partial invalidity If any section, subsection, paragraph, sentence or other part of this act is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this act, but shall be confined in its effect to the section, su…

52:14-7 Residency requirements for State officers, employees; exceptions. 52:14-7. a. Every person holding an office, employment, or position (1) in the Executive, Legislative, or Judicial Branch of this State, or (2) with an authority, board, body, agency, commission, or instrum…

52:14-8. Appointment of certain officers by legislature in joint meeting All officers who, before and at the time when the present constitution of the state went into effect, were directed to be appointed by the council and general assembly in joint meeting, and whose appointment…

52:14-9. Election to office by joint meeting void upon failure to qualify within two months If any person elected to any office by the Senate and General Assembly in joint meeting shall neglect or refuse to qualify into such office within two months after being informed of his el…

52:14A-1. Short title This act shall be known and may be cited as the "Emergency Interim Executive Succession Act." L.1963, c. 117, s. 1, eff. June 28, 1963.

52:14A-10. Separability clause If a part of this act is invalid, all valid parts that are separable from the invalid part remain in effect. If a part of this act is invalid in one or more of its applications, the part remains in effect in all valid applications that are separable…

52:14A-2. Declaration of policy Because of the existing possibility of attack upon the United States of unprecedented size and destructiveness, and in order, in the event of such an attack to assure continuity of government through legally constituted leadership, authority and re…

52:14A-3. Definitions Unless otherwise clearly required by the context, as used in this act: (a) "Attack" means any attack or series of actions by an enemy of the United States causing, or which may cause, substantial damage or injury to property or persons in the United States i…

52:14A-4. Additional successors to office of Governor In the event that the Governor, for any reason, is not able to exercise and discharge the functions, powers and duties of his office, or is unavailable, the functions, powers and duties of such office shall devolve in the mann…

52:14A-5. Emergency interim successors for State officers All State officers, subject to such regulations as the Governor may issue, shall in addition to any deputy authorized pursuant to law to exercise all of the powers and discharge the duties of the office, designate by title…

52:14A-6. Formalities of taking office At the time of their designation, emergency interim successors shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Notwithstanding any other provision of l…

52:14A-7. Period in which authority may be exercised Officials and other persons authorized to act as Governor pursuant to this act and emergency interim successors are empowered to exercise the powers and discharge the duties of an office as herein authorized only after an attac…

52:14A-8. Removal of designees Until such time as the persons designated as emergency interim successors are authorized to exercise the powers and discharge the duties of an office in accordance with this act, including section 7 hereof, said persons shall serve in their designat…

52:14A-9. Disputes Any dispute, after an attack, arising under this act with respect to an office in the Executive Branch of the State Government (except a dispute of fact relative to the office of Governor) shall be adjudicated by the Governor (or other official exercising the p…

52:14B-1. Short title This act shall be known and may be cited as the "Administrative Procedure Act." L.1968, c. 410, s. 1, eff. Sept. 1, 1969.

52:14B-10 Evidence; judicial notice; recommended report and decision; final decision; effective date. 10. In a contested case: (a) (1) The parties shall not be bound by rules of evidence whether statutory, common law, or adopted formally by the Rules of Court. All relevant eviden…

52:14B-10.2 Monetary fine, civil penalty, cure period; conditions; report publicly; rules, regulations. 1. a. A State agency, department, or authority, in its sole discretion, may suspend enforcement of any monetary fine or civil penalty, for a period of 60 calendar days, that wo…

52:14B-11. Revocation, refusal to renew license, hearing required; exceptions 11. No agency shall revoke or refuse to renew any license unless it has first afforded the licensee an opportunity for hearing in conformity with the provisions of this act applicable to contested cases…

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…