New Jersey § 52:14b-3a

§ 52:14b-3a.

a. A State agency shall follow the administrative rule-making requirements set forth

in the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), and shall only implement rules that have been adopted in accordance with those

rule-making requirements. b. No State agency shall utilize regulatory guidance documents that have not been

adopted as rules in accordance with P.L.1968, c. 410 unless the agency makes such

documents readily available to the regulated community through appropriate means,

including but not limited to posting in a prominent place on the website for the agency. c. A regulatory guidance document that has not been adopted as a rule pursuant to

P.L.1968, c. 410, shall not: (1) impose any new or additional requirements that are not included in the State or

federal law or rule that the regulatory guidance document is intended to clarify or

explain; or (2) be used by the State agency as a substitute for the State or federal law or rule

for enforcement purposes. d. As used in this section, “ regulatory guidance document ” means any policy memorandum or other similar document used by a State agency to

provide technical or regulatory assistance or direction to the regulated community

to facilitate compliance with a State or federal law or a rule adopted pursuant to

P.L.1968, c. 410, but shall not include technical manuals adopted by the Department

of Environmental Protection pursuant to section 1 of P.L.1991, c. 422 ( C.13:1D-111 ). e. Nothing in this section shall be construed to require the disclosure of any information

or record that is protected from disclosure by law, court order or rule of court,

or to abrogate or erode any privilege or grant of confidentiality heretofore established

or recognized by the Constitution of this State, statute, court rule or judicial case

law.