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 with 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, defined as at least $50 million in a calendar year.

The bill also introduces a requirement for agencies to file a notice of intent for rule-making at least 90 days prior to formal proposals, detailing how the public can engage in the process. Agencies are 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. Furthermore, the bill establishes that if an agency's rejection or modification of an administrative law judge's decision is overturned in court, the agency will be liable for the plaintiff's attorneys' fees. Overall, these amendments aim to streamline administrative processes and enhance public engagement in rule-making.

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