The bill proposes significant amendments to the "Administrative Procedure Act" aimed at enhancing transparency and public participation in the rule-making process by state agencies. Key provisions include the requirement for agencies to publish all public comments and data used in rule formulation on their websites, as well as extending the public comment period from 30 to 60 days. The bill mandates that rule proposals focus on a single object, prohibits bundling of unrelated proposals, and requires socio-economic impact statements to include dollar estimates of the proposed rule's effects. Additionally, if 50 or more commenters request an extension or public hearing, agencies must comply, and a public hearing is required for proposals with a projected substantive increase in expenditures of at least $50 million in a calendar year.

Furthermore, the bill introduces a requirement for agencies to file a notice of intent for rulemaking at least 90 days prior to formal proposals, which must include details on public engagement. It also mandates that agencies review and respond to petitions regarding conflicts with existing rules and analyze their rules for consistency with other regulations before readoption. The Office of Administrative Law (OAL) is tasked with maintaining an updated online database of rulemaking actions, including public comments and data, and must provide daily updates. Lastly, the bill establishes that agencies will be liable for plaintiffs' attorneys' fees if they reject or modify an administrative law judge's decision that is later overturned by a court.

Statutes affected:
Introduced: 52:14B-3, 52:14B-4, 52:14B-5.1, 52:14B-7.1, 52:14B-10