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.

Further amendments include the requirement for agencies to file a notice of intent for rule-making at least 90 days prior to formal proposals, which must detail how the public can engage in the process. Agencies are also tasked with ensuring their rules do not conflict with other state or federal regulations. The Office of Administrative Law (OAL) is directed to maintain an updated online database of rule-making actions, including all public comments and data. Lastly, the bill establishes that if an agency's rejection or modification of an administrative law judge's decision is overturned by a court, the agency will be liable for the plaintiff's attorney fees.

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