State of New Jersey
Executive Order #97

Governor James J. Florio

WHEREAS, one of the most important objectives of government is to promote public confidence in its integrity and effectiveness; and

WHEREAS, to that end, we must examine the regulatory process to ensure that it is efficient, sensible, and open to the greatest possible degree of public participation; and

WHEREAS, when a regulatory system works well, it provides government with an invaluable opportunity to engage in a meaningful and productive dialogue with the people, and should create a partnership between the government and its citizens; and

WHEREAS, we must guarantee the people of this State greater access to, and greater participation in the rulemaking process; and

WHEREAS, we must work harder to create a regulatory system that carries out the mandates of the law more effectively and at the same time reduces delay and minimizes burdens for our citizens; and

WHEREAS, we must be willing to continually improve the regulatory system, to ensure that it promotes economic development in this State; and

WHEREAS, it is always appropriate to consider revisions to the system, in order to guarantee a system that adapts to changing times and modern challenges; and

WHEREAS, improvements to the regulatory system should not be accomplished by adding new layers of bureaucracy or increasing the size of government; and

WHEREAS, in 1978, Governor Brendan Byrne issued Executive Order No. 66, which required all future regulations to expire no later than five years after adoption; and

WHEREAS, although this action has worked well to improve the regulatory environment in New Jersey, we must continue to build upon these improvements and consider new actions to carry out the goals articulated in Executive Order No. 66;

NOW, THEREFORE, I, JAMES J. FLORIO, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

1. I hereby direct my Chief Counsel to conduct a comprehensive review of the State's regulatory system, and to present me with recommendations for improvement no later than October 1, 1993. He shall be authorized to provide interim reports.

2. In preparing these recommendations, the Chief Counsel shall convene an Advisory Panel, composed of members to be designated by him, but which shall, at a minimum, be composed of representatives of the private sector, members of the Legislature, other Cabinet Members, and the Director of the Office of Administrative Law. In addition, the Chief Counsel shall consult with the Governor's Management Review Commission as he may deem appropriate. The Chief Counsel shall serve as the Chairman of this Advisory Panel, and shall meet with the Panel in a time and manner he deems most appropriate.

3. The Chief Counsel, in consultation with the Advisory Panel, shall prepare a final report setting forth recommendations for improving the State's regulatory system in a manner designed to maximize efficiency, eliminate duplicative and inconsistent regulations, and provide the greatest degree of effective public participation in the rulemaking process. In particular, the Chief Counsel shall consider the following issues, as well as others he deems relevant:

a. The Chief Counsel shall consider appropriate mechanisms for maximizing public access and participation in the rulemaking process, including:

(1) mandating public hearings under certain circumstances;

(2) improving current provisions allowing members of the public to initiate proceedings for the promulgation, repeal or modification of regulations;

(3) providing opportunities prior to formal proposal for members of the public to comment on regulatory issues; and

(4) improving the current notice requirements for proposed rules to ensure that interested members of the public are made aware of rule proposals.

b. The Chief Counsel shall consider the feasibility of instituting a process of ongoing review of all regulations to eliminate outdated, unnecessary, or duplicative regulations.

c. The Chief Counsel shall examine ways to ensure that rulemaking proposals provide full and fair disclosure which can be easily understood by members of the public.

d. The Chief Counsel shall evaluate procedures for expediting the rulemaking process where appropriate.

e. The Chief Counsel shall examine the scope and effectiveness of Executive Order No. 66 (Byrne) to determine if the sunset requirements set forth therein should be revised or expanded.

f. The Chief Counsel shall review the designation and role of Administrative Practice Officers and make recommendations for changes that would enhance the regulatory process.

g. The Chief Counsel shall make recommendations on how the Office of Administrative Law can most efficiently and effectively review regulations submitted to it for publication.

4. In a manner to be determined by the Chief Counsel, every State department, authority, or instrumentality with rulemaking authority shall forthwith commence a review of the regulatory process in its current form within that department, authority, or instrumentality, and shall recommend changes to the regulatory process.

5. Every State department, authority, and instrumentality of the State of New Jersey shall provide the Chief Counsel and the Advisory Panel with all assistance and cooperation in the implementation of this Order.

6. This Order shall take effect immediately.

GIVEN, under my hand and seal this
2nd day of August in the Year of Our
Lord, one thousand nine hundred and
ninety-three, and of the Independence
of the United States, the two hundred
and eighteenth.

/s/ Jim Florio


/s/ William Harla
Deputy Chief Counsel to the Governor