New Jersey Administrative Code Title 15A - PUBLIC ADVOCATE
Here’s a refined overview of New Jersey Administrative Code – Title 15A: PUBLIC ADVOCATE:
1. 📌 Title Scope & Status
Title 15A covers the rules governing the Public Advocate (also known as the Department or Office of the Public Advocate). (regulations.justia.com, dspace.njstatelib.org)
Many sections are currently reserved, with only specific parts active.
2. 📋 Chapters & Subchapters
• Chapter 1 – Department of the Public Advocate (Reserved)
Historically included organizational rules (§ 15A:1‑1.1 to :1‑1.3) (law.cornell.edu).
This chapter expired on September 12, 2014, following a statutory sunset. (law.cornell.edu)
• Chapter 2 – Reserved
• Chapter 3 – Office of the Ombudsperson for the Institutionalized Elderly (Procedure Rules)
Active content lives in Subchapter 2: “Procedures Required Prior to Withholding or Withdrawing Life‑Sustaining Treatment from Elderly, Institutionalized Residents” (§ 15A:3‑2.1 to :3‑2.6, plus an appendix) (law.cornell.edu).
Earlier Subchapter 1 (General Provisions & Definitions) was also part of Chapter 3; those definitions were recodified in current NJAC Title 17 (Treasury‑General) rule 17:41. (nj.gov)
3. ⚖️ Highlight: § 15A:1‑1.1 – Public Advocate
Under § 15A:1‑1.1 (within Chapter 1), the Public Advocate was defined as the head of the Department, appointed by the Governor with Senate confirmation, serving a gubernatorial term. The Office was responsible for:
Advocacy & counsel for the mentally ill or developmentally disabled
Investigating complaints against State government
Representing public interests in utility rate proceedings
Ensuring public interest representation overall
Safeguarding health, safety, & welfare of the elderly (law.cornell.edu)
→ These organizational provisions are now inactive, due to statutory repeals extinguishing Chapter 1 in 2014. (law.cornell.edu)
4. 🏥 Subchapter 2: Elder Care Rules (§ 15A:3‑2.x)
Applies to matters such as withdrawing or withholding life‑sustaining treatment from institutionalized elderly residents.
Key sections include:
§ 15A:3‑2.1 – Purpose
§ 15A:3‑2.2 – Definitions
§ 15A:3‑2.3 – Duty to report
§ 15A:3‑2.4‑:3‑2.6 – Procedures and guidelines for DNR/DNH orders (law.cornell.edu)
These guidelines reference landmark NJ Supreme Court cases: Conroy, Farrell, Peter, and Jobes—establishing robust standards and required oversight before such decisions are carried out. (nj.gov)
5. 🔄 Recodification to NJAC Title 17
Effective May 18, 2015, the Public Advocate’s Chapter 3 rules—specifically regarding the institutionalized elderly—were recodified to Title 17, Chapter 41 (“Office of the Ombudsperson for the Institutionalized Elderly Practice and Procedure Rules”) under the Department of Treasury. (nj.gov)
So, while originally enacted under Title 15A, those rules now reside in Title 17: a refocus highlighting organizational changes following the Public Advocate’s sunset.
✅ Summary Table
Title 15A Status
Contents
Chapter 1 – Reserved, expired 9/12/2014
Organizational rules about the Public Advocate (§ 15A:1‑1.x) — now inactive.
Chapter 2 – Reserved
No active content.
Chapter 3, Subchapter 2 – Active until recodification
Rules governing withholding life‑sustaining treatment preferences for institutionalized elderly (§ 15A:3‑2.1–:3‑2.6).
📘 In Essence
Today, Title 15A serves mostly as historical interest— Chapter 1 is inactive, and the substantive provisions on elderly ombudsman duties have been transferred to Title 17.
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