New Jersey § 45:1-17

§ 45:1-17.

a. Notwithstanding the provisions of any State law, rule, or regulation to the contrary,

a regulatory officer shall, in order to provide antitrust immunity to a board consistent

with federal law, establish and implement a protocol consistent with the provisions

of this section applicable to the proposed regulations, actions and decisions of any

board under the regulatory officer's purview for which: (1) the majority of members are active market participants of the profession or occupation

regulated by that board; and (2) but for a vacancy or vacancies in the membership of the board, that board would

otherwise have a majority of members that are active market participants. The regulatory officer shall review any potentially anticompetitive regulation, action,

or decision proposed by a board that is under the regulatory officer's purview and

meets the criteria set forth in paragraph (1) or (2) of this subsection, to determine

whether the proposed regulation, action, or decision displaces competition and, if

so, whether it is consistent with and furthers or promotes clearly articulated and

affirmatively expressed State policy or the inherent, logical, or ordinary result

of that policy. If it is determined as a result of that review that the proposed regulation, action

or decision is not consistent with and does not further or promote clearly articulated

and affirmatively expressed State policy, or is not the inherent, logical or ordinary

result of the board's statutorily-delegated authority, or both, the regulatory officer

shall disapprove, veto, modify, amend or remand to the board for the development of

a factual record of the proposed regulation, action or decision, as may be necessary

or appropriate. A proposed regulation, action, or decision shall not take effect unless the regulatory

officer has conducted the review authorized by this section and taken additional action

as may be necessary or appropriate under this section, provided that nothing in this

section shall be construed to create a private right of action, except as provided

in subsection c. of this section, or preclude any action to address possible anticompetitive

impacts after the proposed regulation, action, or decision takes effect. For the purposes of this subsection, no person licensed by the board whose action

or decision is under review pursuant to the protocol established pursuant to this

subsection shall be permitted to serve as a regulatory officer's designee for the

review of that board's actions or decisions. b. A person serving as a member of a board shall not be liable in any action for damages

to any person in a civil action as a result of any action taken or recommendation

or decision made within the scope of the person's function as a member of the board

which was subject to review in accordance with the protocol established pursuant to

subsection a. of this section, unless the person acted in bad faith or with malice. The Attorney General shall defend the person in any civil suit and the State shall

provide indemnification for any damages awarded in any resulting civil action, unless

the person acted in bad faith or with malice. c. A person may file a complaint relating to any proposed regulation, action, or decision

of a board that the person alleges is potentially anticompetitive. The regulatory officer who is responsible for establishing or implementing the protocol

to review any potentially anticompetitive regulation, action, or decision proposed

by the board shall review the complaint to determine whether the proposed regulation,

action, or decision was reviewed pursuant to subsection a. of this section. The regulatory officer shall review the proposed regulation, action, or decision,

pursuant to the protocol established in subsection a. of this section, if: (1) the regulatory officer determines that the proposed regulation, action, or decision

was not reviewed pursuant to subsection a. of this section but is potentially anticompetitive;

or (2) the complaint provides new information that was not previously considered during

the regulatory officer's review of the proposed regulation, action, or decision. In this case, the regulatory officer shall take the new information into account

and may continue to rely on the outcome of the prior review or may take action to

disapprove, veto, modify, amend or remand to the board for the development of a factual

record of the proposed regulation, action, or decision, as may be necessary or appropriate. The regulatory officer shall issue a written response to the person who filed the

complaint advising that person accordingly. d. As used in this section: “ Active market participant ” means a member of a board who: (1) is licensed or certified by the board; or (2) owns or shares ownership in a business or professional practice that provides

any service that is subject to the regulatory authority of the board. “ Board ” means a board, committee, commission, or any other entity created by law to act

on behalf of the State of New Jersey to license or otherwise regulate a profession

or occupation in this State. “ Regulatory officer ” means: (1) the Attorney General or the Attorney General's designee or designees, in the case

of the boards located within the Division of Consumer Affairs in the Department of

Law and Public Safety; or (2) the commissioner or the commissioner's designee or designees, in the case of a

board located within another principal department of the Executive Branch of State

government.