N.J. Admin. Code § 7:26-1.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 7:26-1.2 - Construction and severability

(a) These rules shall be liberally construed to permit the Department to discharge its statutory function.

(b) If any subchapter, section, subsection, provision, clause, or portion of this chapter, or the application thereof to any person, is adjudged unconstitutional or invalid in any judicial or administrative proceeding, such decision shall be confined in its operation to the subchapter, section, subsection, provision, clause, portion, or application directly involved in the controversy in which such judgment shall have been rendered, and it shall not affect or impair the remainder of this chapter or the application thereof to other persons.

As amended, R.1984 d.279, effective 7/2/1984.
See: 16 New Jersey Register 986(a), 16 New Jersey Register 1766(a).
Formerly the Department and the Bureau of Solid Waste Management.
Amended by R.1992 d.100, effective 3/2/1992.
See: 23 New Jersey Register 2453(b), 24 New Jersey Register 788(a).
Severability clarified that if any provision of a rule is invalidated in any judicial or administrative proceeding, all other provisions of the rule remain in effect.