New Jersey State Bar Association - The voluntary Bar Association of New Jersey, serving members since 1899.

Capitol Report

July 22, 2013

 

This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement as amicus in appellate court matters. To find out more, visit njsba.com.

 

ABOUT THE NEW JERSEY OFFICE OF LEGISLATIVE AND REGULATORY AFFAIRS

 

The Office of Legislative and Regulatory Affairs handles a wide variety of duties for the state Department of Banking and Insurance. Those duties include of producing and issuing most of the documents by which the statutory authority of the defendant is executed, including but not limited to, rulemaking, orders, bulletins and public notices, according to its website.

 

The office additionally, serves as the department’s liaison with the state Office of the Attorney General on all legal matters and with the state Office of Administrative Law in preparing and submitting contested cases and issuing final administrative decisions.

 

ADOPTED REGULATIONS

 

Administrative Law

N.J.A.C. 1:10B – The measure was authorized by Laura Sanders, the acting director of the Office of Administrative Law. It authorizes the adoption of special rules for the matters transferred to the Office of Administrative Law by the Division of Medical Assistance and Health Services, involving applicants for or recipients of Medicaid or medically needy benefits and services. 

 

N.J.A.C. 1:30 – The measure was authorized by Laura Sanders, the acting director of the Office of Administrative Law. It authorizes the adoption that the rules for agency rulemaking are readopted and shall remain in effect for seven years.

 

Continuing Legal Education

N.J.A.C. 13:40-15, 14 (PDF) – Adoption of an amendment for continuing education requirements.  

 

Health Law

N.J.S.A. 10:59 (PDF) – The measure was authorized by Jennifer Velez, the commissioner of the Department of Human Services. It marks the readoption of the rule for the medical supplier manual, which regulates the provisions of medical supplier services and durable medical equipment under the Medicaid and New Jersey Family Care programs. 

 

Land Use Law

N.J.A.C. 7:7E (PDF) – The measure was authorized by Bob Martin, the commissioner of the Department of Environmental Protection. It marks the readoption of the rule for coastal zone management, which would govern the use and development of coastal resources. 

 

PROPOSED REGULATIONS

 

Casino Law

N.J.S.A. 13:69A-5.2B, 5.15A, and 9.8A (PDF) – The measure was authorized by David A, Rebuck, the Director of the state department of Gaming Enforcement. It proposes amendments and new rules for applications for casino licensees; junket enterprises not employed by a casino licensee or applicant and effects persons doing business with casino licensees.

 

The deadline to comment for this proposal is August 30.

 

Family Law 

N.J.A.C. 10:121-1.1, 1.2, 1.3 and 2.1 (PDF) – This measure was authorized by Allison Blake, the commissioner for the Department of Children and Families. It proposes the new adoption of amendments from the state Division of Youth and Family Services (DYFS) to the state Division of Child Protection and Permanency (CP&P), and amends technical terms within the adoptions. 

 

The deadline to comment on this proposal is September 13.

 

Labor and Employment Law

N.J.A.C. 19:12 (PDF) – This measure was authorized by P. Kelly Hatfield, the chair of Public Employment Relations. Proposes to readopt the rule with amendments to resolve negotiations between public employers and the representations of public employees.

 

The deadline to comment for this proposal is August 30.

 

School Law

N.J.A.C. 19:38A (PDF) – This measure was authorized by Marc Larkins, the chief executive officer of the New Jersey Schools Development Authority. It proposes rules with only technical amendments for prequalification of contractors and professional services consultants for the New Jersey Schools Construction Program. 

 

The deadline to comment for this proposal is August 30.