State of New Jersey
Executive Order #133

Governor James E. McGreevey

WHEREAS, Executive Order No. 131 (2004), declaring a State of Emergency, was issued on September 18, 2004; and

WHEREAS, it is necessary to amend Executive Order No. 131 to add a paragraph that was inadvertently omitted;

NOW, THEREFORE, I, JAMES E. McGREEVEY, 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. Executive Order No. 131 (2004) is amended to add the following paragraph:

    9. The executive head of any agency or instrumentality of the State government with authority to promulgate rules may, for the duration of this Executive Order, subject to my prior approval and in consultation with the State Director of Emergency Management, waive, suspend or modify any existing rule the enforcement of which would be detrimental to the public welfare during this emergency, notwithstanding the provisions of the Administrative Procedure Act or any law to the contrary. Any such waiver, modification or suspension shall be promulgated in accordance with N.J.S.A. App. A-9-45.

  2. This paragraph shall be retroactive to September 18, the date of the declaration of the Emergency.

GIVEN, under my hand and seal this 21st day
of September in the Year of Our Lord, Two
Thousand and Four, and of the Independence
of the United States, the Two Hundred and Twenty-Ninth.

/s/ James E. McGreevey


/s/ Mark J. Fleming
Deputy Chief Counsel to the Governor