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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
Governor
Attest:
/s/ William
Harla
Deputy Chief Counsel to the Governor
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