N.J. Admin. Code § 13:69-1.5

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

Section 13:69-1.5 - Severability and preemption

(a) If any clause, sentence, subparagraph, paragraph, subsection, section, chapter or other portion of the Division's rules or the application thereof to any person or circumstance shall be held to be invalid, such holding shall not affect, impair or invalidate the remainder of the Division's rules or the application of such portion held invalid to any other person or circumstances, but shall be confined in its operation to the clause, sentence, subparagraph, paragraph, subsection, section, chapter or other portion thereof directly involved in such holding or to the person or circumstance therein involved.

(b) Notwithstanding the provisions of any other law to the contrary, no local government unit of this State may enact or enforce any ordinance or resolution conflicting with any provision of the Act or of the Division's rules or with any policy of this State expressed or implied in the Division's rules, whether by exclusion or inclusion. The Commission and Division may exercise any proper power or authority necessary to perform the duties assigned to each entity by law, and no specific enumeration of powers in the Act shall be read to limit the authority of the Division to administer the Act and the Division's rules.