Search Rutgers Law Library N.J. Court Opinions

16 IN RE READOPTION OF N.J.A.C. 14:2 -- rank: 767

... 14:2, the BPU invited comments from the public. See N.J.S.A. 52:14B-4(a). Appellants provided comments in opposition to the readoption of ... fully all written and oral submissions respecting the proposed rule," N.J.S.A. 52:14B-4(a)(3), and prepare for the public a report providing the agency's response to the comments submitted. N.J.S.A. 52:14B-4(a)(4). Responses must be meaningful, reasoned and supported. See ... adopted in substantial compliance with the Act is invalid, see N.J.S.A. 52:14B-4(d). That said, it would be premature to set aside ...

docket:	a3913-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-18
status:	unpublished
citation:
Document Size:	34801

17 MILFORD BOROUGH BOARD OF EDUCATION v. CHRISTOPHER D. CERF -- rank: 765

... 2(e); N.J.S.A. 52:14B-3(2); N.J.S.A. 52:14B-4(a)(1). Thus, the question whether rulemaking or a less ... statement describing the "procedure or practice requirements of any agency"); N.J.S.A. 52:14B-4(a) (requiring rulemaking prior to the amendment or repeal of ...

docket:	a1584-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-12
status:	unpublished
citation:
Document Size:	44019

18 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 762

... statutory authorization and compliance with the Administrative Procedure Act ("APA"), N.J.S.A. 52:14B-4. For the reasons that follow, we reject these facial challenges ...

docket:	a2448-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-26
status:	published
citation:
Document Size:	109184

19 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 762

... statutory authorization and compliance with the Administrative Procedure Act ("APA"), N.J.S.A. 52:14B-4. For the reasons that follow, we reject these facial challenges ...

docket:	a2138-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-26
status:	published
citation:
Document Size:	109184

20 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 762

... statutory authorization and compliance with the Administrative Procedure Act ("APA"), N.J.S.A. 52:14B-4. For the reasons that follow, we reject these facial challenges ...

docket:	a1459-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-26
status:	published
citation:	433 N.J.Super. 327 79 A.3d 467
Document Size:	109382

21 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 762

... statutory authorization and compliance with the Administrative Procedure Act ("APA"), N.J.S.A. 52:14B-4. For the reasons that follow, we reject these facial challenges ...

docket:	a3256-11xx
court:	NJ Superior Court Appellate Division
decided:	2013-11-26
status:	unpublished
citation:
Document Size:	109194

22 ROBERT A. NOLAN v. GURBIR S. GREWAL -- rank: 756

... can be promulgated only on notice and in compliance with N.J.S.A. 52:14B-4' of the APA. Woodland Priv. Study Grp. v. State, 109 ... Doe v. Poritz, 142 N.J. 1, 95 (1995) (quoting N.J.S.A. 52:14B-4). 'No rule . . . is valid unless adopted in substantial compliance with' these procedures. N.J.S.A. 52:14B-4(d). 'The 'essential purpose of notice and comment opportunities is ... rior to the adoption, amendment, or repeal of any rule.' N.J.S.A. 52:14B-4(a). These exceptions allow the executive branch to avoid the ...

docket:	a4614-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-26
status:	Unpublished
citation:
Document Size:	62580

23 GEORGE HARMS CONSTRUCTION CO. V. NEW JERSEY TURNPIKE AUTHORITY -- rank: 743

... agency must comply with the notice-and-comment provision of N.J.S.A. 52:14B-4. That provision essentially requires that prior to the adoption of ... this agency action is subject to the strict requirements of N.J.S.A. 52:14B-4. We believe that the substantive issues transcend those procedural issues ... and response as frequently occurs in the rulemaking context, see N.J.S.A. 52:14B-4, might have better explained how Harms's present employees might ... parties and other persons who have construction-industry interests. See N.J.S.A. 52:14B-4. In addition, if the TPA were ultimately to authorize and ...

docket:	a-113-93
court:	njsupreme
decided:	1994-07-07
status:
citation:	137 N.J. 8
Document Size:	119992

24 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. RADIATION DATA, INC -- rank: 740

... accordance with the public notice and comment procedures prescribed by N.J.S.A. 52:14B-4(a). In re Highlands Master Plan, 421 N.J. Super ... or replaces . . . any . . . existing rule.' Ibid. (alteration in original) (quoting N.J.S.A. 52:14B-4.9). As we have already noted, in the RPA the ... fully all written and oral submissions respecting [a] proposed rule,' N.J.S.A. 52:14B- - 4(a)(3), and prepare for the public a report containing the agency's response to the comments submitted. N.J.S.A. 52:14B-4(a)(4). The agency's responses must be meaningful, reasoned ...

docket:	a1777-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-02
status:	Unpublished
citation:
Document Size:	84245

25 IN RE HIGHLANDS MASTER PLAN OF UNDERSTANDING BETWEEN THE HIGHLANDS COUNCIL AND THE COUNCIL ON AFFORDABLE HOUSING -- rank: 732

... to persons who have made timely requests for such notice, N.J.S.A. 52:14B-4(a)(1); to publish the proposed rule in the New Jersey Register, N.J.S.A. 52:14B-4(a)(3); to afford all interested persons reasonable opportunity to ... contents of those submissions, and providing the agency's responses. N.J.S.A. 52:14B-4(a)(4). Thus, unlike the provisions of the Highlands Act ... if it chooses, informally seek the views of interested parties. N.J.S.A. 52:14B-4(e). Moreover, while the Highlands Act requires the Council to ... agency or subdivision, or if sufficient public interest is demonstrated." N.J.S.A. 52:14B-4(a)(3). And although the Highlands Act does not require ... be adopted in accordance with the procedures set forth in N.J.S.A. 52:14B-4(a), which were summarized earlier in this opinion. See ...

docket:	a1026-08
court:	NJ Superior Court Appellate Division
decided:	2011-08-15
status:	published
citation:	421 N.J. Super. 614 25 A.3d 1172
Document Size:	49105

26 ESTATE OF WINIFRED SKORSKI v. NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY -- rank: 718

... notice of the proposed rule in the New Jersey Register, N.J.S.A. 52:14B-4(a)(1), '[a]fford all interested persons a reasonable opportunity ... grant. A-3314-17T2 16 arguments, orally or in writing,' N.J.S.A. 52:14B-4(a)(3), and '[p]repare for public distribution . . . a report ... the data, views, comments, and arguments contained in the submissions,' N.J.S.A. 52:14B-4(a)(4). 'As an alternative to acting formally through rulemaking ... proposed rule in the New Jersey Register, in accordance with N.J.S.A. 52:14B-4, within ninety days. 5 5 Although we are constrained to ...

docket:	a3314-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-20
status:	Unpublished
citation:
Document Size:	52579

27 ANIMAL PROTECTION LEAGUE OF NEW JERSEY v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 715

... rule must be adopted in "substantial compliance" with the APA. N.J.S.A. 52:14B-4(d). Under the APA, prior to adopting or amending any ... an administrative agency must give notice of its intended action, N.J.S.A. 52:14B-4(a)(1), and afford interested parties a "reasonable opportunity to submit data, views, or arguments, orally or in writing." N.J.S.A. 52:14B-4(a)(3). Public comments should be "given a meaningful role ... to the data, views and arguments contained in the submissions." N.J.S.A. 52:14B-4(a)(3)-(4). Among the purposes of the APA is ... received as well as its responses to such comments. See N.J.S.A. 52:14B-4(a)(4). Appellants next maintain that respondents provided disingenuous responses ... and shall respond to questions posed by any interested party." N.J.S.A. 52:14B-4(g). Appellants maintain that at the May 11, 2010 ...

docket:	a1603-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-01
status:	published
citation:	423 N.J. Super. 549 34 A.3d 784
Document Size:	81728

28 BULLET HOLE, INC., et al. v. COL. CARSON DUNBAR, Superintendent, Division of New Jersey State Police, et al. -- rank: 713

... is subject to the formal notice and comment requirements of N.J.S.A. 52:14B-4. In making this qualitative determination, we have generally considered: (1 ...

docket:	A1661-98
court:	NJ Superior Court Appellate Division
decided:	2000-12-20
status:	published
citation:	335 N.J. Super. 562
Document Size:	62006

29 IN THE MATTER OF THE NEW JERSEY FIREMEN'S ASSOCIATION -- rank: 713

... See N.J. Const. , Art. V, § 4, para. 6; N.J.S.A. 52:14B-4. The statute also authorizes consideration of why a person is ... public notice and comment under the Administrative Procedure Act (APA), N.J.S.A. 52:14B-4; nor are they available for public viewing in accord with ...

docket:	a2810-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-18
status:	published
citation:	443 N.J.Super. 238 128 A.3d 716
Document Size:	124357

30 SOUTHGATE HEALTH CARE CENTER v. NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES -- rank: 713

... federal Medicare regulation that has not been adopted pursuant to N.J.S.A. 52:14B-4. For the reasons stated below, we modify and affirm the ... was issued in 1985 but not adopted in accordance with N.J.S.A. 52:14B-4. Bulletin 85-5 provided for depreciation of assets with an ... because the bulletin had not been adopted in accordance with N.J.S.A. 52:14B-4. Nevertheless, the Commissioner determined that he had the authority to ... describes the organization, procedure or practice requirements of any agency." N.J.S.A. 52:14B-4. The Commissioner's decision has two components, which must be ... stated in the state and federal laws and state regulations. N.J.S.A. 52:14B-4. Moreover, there is no evidence that any nursing facility, including ... b)(7)(iii) without adopting that regulation in accordance with N.J.S.A. 52:14B-4. We conclude that on these facts, the Commissioner's ...

docket:	a6152-06
court:	njappellate
decided:	2009-01-21
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	61157