N.J. Admin. Code § 1:30-2.1

Current through Register Vol. 56, No. 17, September 3, 2024

Section 1:30-2.1 - Clarity of rules

(a) In order to be accepted for filing, a document shall be written in a reasonably simple and understandable manner that is easily readable.

1. The document shall be drafted to provide adequate notice to:

i. Affected persons; and

ii. Interested persons with some subject matter expertise.

2. The document shall conform to commonly accepted principles of grammar.

3. The document shall contain sentences that are as short as practical, and be organized in a sensible manner.

4. The document shall not contain double negatives, confusing cross references, convoluted phrasing, or unreasonably complex language.

5. Terms of art and words with multiple meanings that may be misinterpreted shall be defined.

6. The document shall be sufficiently complete and informative as to permit the public to understand accurately and plainly the legal authority, purposes, and expected consequences of the adoption, readoption, or amendment of the rule.

(b) Any rule activity or notice that does not comply with the standard of clarity set forth in (a) above shall be subject to the provisions of N.J.A.C. 1:30-1.12.

(c) The provisions of (a) above shall not apply to any administrative rule that a State agency adopts to conform to a model code, Federal rule, interstate agreement, or other similar regulatory measure not written by the State agency but incorporated into an administrative rule. The State agency shall include in the Summary of the notice of proposal for such rule, a description of the rule, which complies with (a) above. For a regulatory measure incorporated by reference, as amended and supplemented, into a rule, in accordance with N.J.A.C. 1:30-2.2(c)1ii, the requirement for a notice of proposal Summary description in compliance with (a) above shall apply only to the notice of proposal in which the initial incorporation by reference was proposed.

(d) The Governor may, upon written request of a State agency, waive the requirements of this section with respect to the readoption, without amendment, of any rule or provision of a rule.

N.J. Admin. Code § 1:30-2.1

Amended by 50 N.J.R. 1433(a), effective 6/18/2018