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EO-1: Governor Christie directs all proposed rules and regulations frozen and suspended for 90 days

EO-1: Governor Christie directs all proposed rules and regulations frozen and suspended for 90 days

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Orders and Directs all proposed regulations and rules, except as herein provided, are hereby frozen and suspended for a period of 90 days
Orders and Directs all proposed regulations and rules, except as herein provided, are hereby frozen and suspended for a period of 90 days

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Published by: Governor Chris Christie on Aug 03, 2011
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08/04/2011

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EXECUTIVE ORDER NO. 1W
HEREAS
, New Jersey’s citizens, their government, and allpersons doing business in this State have a mutual investment inthe promulgation of administrative rules and regulations thatare reasonable, comprehensible, consistent, predictable andresponsive; andW
HEREAS
, among my priorities as Governor of the State of NewJersey and in furtherance of my constitutional authority tosupervise the principal departments and agencies of StateGovernment is the establishment of a new common sense approachto the promulgation and adoption of administrative rules andregulations under the direction of a “Red Tape Review Group” tobe created in the Department of State under the direction of theLieutenant Governor; andW
HEREAS
,
 
a preliminary review of rules and regulations hasrevealed that over 800 pages of proposed administrative rulesare currently published in the New Jersey Register, and a reviewof those rules shows that approximately 154 rule proposals canbe frozen without compromising the public health, safety orwelfare and without prejudicing the rights of the people of theState of New Jersey; andW
HEREAS
, in order to perform its function of reviewingproposed administrative rules over a period of 90 days, the RedTape Review Group must be afforded a sufficient opportunity toexamine proposed administrative rules and regulations prior totheir adoption, and thereafter make recommendations on thosecontemplated rules that are unworkable, overly-proscriptive orill-advised; andW
HEREAS
, this review of proposed administrative rules isespecially necessary in order to address the current economicand fiscal situation in New Jersey, and to ensure that the
 
2
regulatory processes of State Government do not have the effectof preventing this State from attracting new businessenterprises, constraining the growth and expansion of thosebusinesses presently operating in this State, and mostimportantly, hindering the creation of jobs for New Jerseycitizens at a time of unprecedented economic distress;NOW THEREFORE, I, CHRIS CHRISTIE, Governor of the State ofNew Jersey, by virtue of the authority vested in me by theConstitution and by the Statutes of this State, do hereby, ORDERand DIRECT:1. All proposed regulations and rules, except as hereinprovided, are hereby frozen and suspended for a period of 90days commencing on the effective date of this Executive Order.A list of those proposed regulations and rules that are frozenis included in the attached Appendix A. The suspension of theproposed administrative regulations and rules shall beundertaken in a manner consistent with the rules for agencyrulemaking and the procedures of the Office of AdministrativeLaw.2. With respect to any proposed administrative regulationor rule that may have been transmitted to the Office ofAdministrative Law, but has not been published in the New JerseyRegister, the head of the State agency proposing the regulationor rule shall withdraw the proposed regulation or rule in amanner consistent with the Rules for Agency Rulemaking andprocedures of the Office of Administrative Law.3. The provisions of Section 1 and Section 2 of thisExecutive Order shall not apply to any proposed administrativeregulation if the failure to adopt same would:a.
 
Adversely impact public safety or security;b.
 
Adversely impact the public health;
 
3
c.
 
Prejudice the State of New Jersey with respect tothe receipt of monies from the federal government or the abilityto obtain any certifications from the federal government;d.
 
Prevent the application of powers, functions andduties essential to the operations of the State agency inquestion; ore. Adversely impact compliance with any judicialdeadline.4. A list of those proposed regulations and rules thatpursuant to this Order are not frozen is included in theattached Appendix B.5. The head of each State agency shall review the list ofproposed administrative regulations and rules that are frozenand suspended pursuant to Section 1 of this Executive Order. Nolater than 10 days after the effective date of this ExecutiveOrder, the head of each State agency shall transmit to theLieutenant Governor:a.
 
Notification of any proposed administrativeregulation or rule that should be suspended in addition to theproposed administrative rules set forth in Section 1 of thisExecutive Order. The Lieutenant Governor may, following suchnotification, suspend the proposed administrative regulation andrule; andb.
 
Notification of any proposed administrativeregulation or rule, the suspension or withdrawal of which wouldresult in any of the conditions enumerated in Section 3 of thisExecutive Order. The Lieutenant Governor may, upon a findingthat any of the conditions in Section 3 of this Executive Orderhave been met, rescind the suspension or withdrawal of theproposed administrative regulation or rule.6. The expiration date of any administrative regulation orrule of any State agency that would otherwise expire between

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