This executive
order rescinded by EO #71 Whitman.
WHEREAS, there
has been a marked increase in the number and complexity of permits,
licenses, certificates and other approvals that businesses and all
other sectors of the economy must obtain from an increasing variety
of State agencies to undertake various commercial, industrial, and
residential projects or activities in the State; and
WHEREAS, this
expanding maze of regulation has made the cost of doing business
in the State higher than in other states in many instances; and
WHEREAS, the
inefficiencies resulting from the excessive cost of regulation have
impeded the overall development of the economy and the growth of
the State's individual businesses; and
WHEREAS, such
inefficiencies have also discouraged the location of new businesses
and the expansion of existing ones in the State;
WHEREAS, the
combined effects of the inefficiencies have adversely affected the
business climate in the State; and
WHEREAS, it
is possible to uphold existing standards for the public health,
safety and welfare while at the same time expediting compliance
with regulations; and
WHEREAS, State
government must provide leadership in transforming the State business
climate into one that is supportive of and open towards business;
and
WHEREAS, there
is a need for a single office to coordinate exclusively an efficient
and timely process for submission, evaluation, and resolution of
applications for business permits, licenses, certificates and other
approvals;
NOW, THEREFORE,
I, CHRISTINE TODD WHITMAN, Governor of the State of New Jersey,
by virtue of the authority vested in me by the Constitution and
laws of the State of New Jersey, do hereby ORDER and DIRECT:
1. There
is hereby created the Office of the Business Ombudsman (hereinafter
"Office") to be located in the Department of State.
2. The Secretary
of State shall serve as the Business Ombudsman or appoint her
designee to this position.
3. The Business
Ombudsman shall be empowered to lead the Office in its primary
responsibility of directing a comprehensive effort to assist businesses
in dealing efficiently with State regulations.
4. Specifically,
the Office shall function to provide guidance to persons who inquire
about business permits, licenses, certificates and other business-related
approvals. Any such similar functions of the Office of Business
Advocacy in the Department of Commerce and Economic Development
shall be transferred to the Office. The files, books and records
of the Office of Business Advocacy that are relevant to its function
of providing guidance to persons who inquire about business permits,
licenses, certificates and other approvals shall be transferred
from the Office of Business Advocacy to the Office.
5. Consistent
with the consolidation of the aforementioned functions of the
Office of Business Advocacy into the Office, the Secretary of
State, or her designee, shall replace the Chief of the Office
of Business Advocacy on the Cabinet Committee on Permit Coordination
(hereinafter "Cabinet Committee"), which Cabinet Committee was
reconstituted pursuant to Executive Order No. 100 of Governor
Thomas H. Kean. Moreover, the Secretary of State, or her designee,
shall replace the Commissioner of Commerce and Economic Development
as Chairperson of the Cabinet Committee, and the Office shall
assume the roles performed by the Office of Business Advocacy
for the Cabinet Committee. The Secretary of State shall appoint
an Executive Director of the Cabinet Committee.
6. All functions
currently performed by the Office of Business Advocacy that do
not relate to providing guidance to persons who inquire about
business permits, licenses, certificates and other business-related
approvals shall remain in said Office of Business Advocacy in
the Department of Commerce and Economic Development.
7. The Office
is hereby directed to provide guidance to persons who inquire
about business permits, licenses, certificates and other approvals
that are required to do business in this State.
8. The Business
Ombudsman is hereby authorized to appoint and remove such staff
as may be required to fulfill the mandates of this Order, subject
to the provisions of Title 11A (Civil Service Act) of the Revised
Statutes, when relevant, other applicable statutes, and the appropriations
limit for the Office. Any persons appointed by the Business Ombudsman
under this Order shall be designated employees of the Department
of State.
9. The Business
Ombudsman shall maintain the Office and such other quarters as
deemed necessary to the proper functioning of the Office.
10. The
Office is authorized to call upon any department, office, division
or agency of this State to supply it with data and other information
or assistance as deemed necessary to discharge the duties of the
Office under this Order. Each department, office, division or
agency of this State is hereby required, to the extent not inconsistent
with law, to cooperate with the Business Ombudsman and provide
such information and assistance as is necessary to accomplish
the purpose of this Order. Notwithstanding anything in this Order
to the contrary, the Office shall not supplant the function of
any department, office, division or agency of the State to review
and approve any governmental permit, license, certificate or other
approvals.
11. This
Order shall take effect immediately.
GIVEN,
under my hand and seal,
this 5th day of April in the Year of
Our Lord, one thousand nine hundred
and ninety-four, and of the Independence
of the United States, the two hundred
and eighteenth.
Christine
Todd Whitman
GOVERNOR
Attest: Peter
Verniero
Chief Counsel to the Governor
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