NJ Assembly Approves Bill Granting Final Decision-Making Power to Office of Administrative Law

In an effort to streamline administrative law hearings, the New Jersey Assembly recently approved a bill granting the Office of Administrative Law final agency decision-making power in certain contested state agency cases, including those from the Department of Environmental Protection.  Under A-1521, passed on April 29, 2013, the department heads of ten state agencies would no longer have the ability to reject or modify administrative decisions, thereby giving final effect to administrative law judge determinations.  The nine other agencies include, the Department of Education, Department of Health and Senior Services, Department of Community Affairs, Department of Children and Families, Division of Family Development, Division of Civil Rights, Department of Law and Public Safety, Civil Service Commission, and the New Jersey Motor Vehicle Commission.   The bill also authorizes agency heads to issue orders, made available to the public, granting immediate final effect to administrative law decisions in other appropriate contested agency cases not specifically provided for in the legislation.

As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.

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