The initial function of the Council will be to adopt the reliability rules currently utilized by the PSC and to monitor the ISO's compliance with those rules. Thus, it is unlikely that the Council will have a matter before the PSC before October 1999. It prohibits a former State officer or employee from rendering services for compensation in relation to any case, proceeding, application or transaction with respect to which such person was directly concerned and in which he or she personally participated during the period of the individual's State service or which was under his or her active consideration during that period. The Commission's prior opinions demonstrate that, in the context of the restrictions of the lifetime bar, a single transaction can change in nature and over a period of time. In Advisory Opinion No. 93-2, a former State employee who worked on legislation was barred from working on regulations implementing a bill that was enacted.
Regulations are the devices by which legislative directives and intent are executed.
Regulations must follow the programmatic outline articulated by the Legislature in statute. By necessity, regulations implementing legislation affect the very parties addressed by the legislation. Regulations are inextricably connected to the enabling legislation they seek to effectuate. The knowledge, experience and expertise gained in drafting a statute become invaluable tools when seeking to shape the regulations needed to accomplish the mission of that statute. This knowledge may also be used to influence and effectuate significant policy determinations that were not otherwise articulated or successfully incorporated into the original statute.