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 formulating proposed rules on their websites, as well as extending the public comment period from 30 to 60 days. Agencies are mandated to focus each rule proposal on a single object, prohibiting the bundling of unrelated proposals, and must include socio-economic impact statements that estimate the financial effects of the proposed rules. 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 contemplated rule-making at least 90 days prior to formal proposals, detailing how the public can engage in the process. Agencies are also required to 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) will maintain an updated online database of rule-making actions, including public comments and data, with daily updates. Lastly, the bill establishes that if an agency head'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