Search Rutgers Law Library N.J. Court Opinions

16 COLUMBIA FRUIT FARMS, INC v. DEPARTMENT OF COMMUNITY AFFAIRS -- rank: 767

... 300 (citing Metromedia, 97 N.J. at 334); see also N.J.S.A. 52:14B-4(d) (stating a rule must be adopted in 'substantial compliance ... the agency for advance notice of its rule-making proceedings[,]' N.J.S.A. 52:14B-4(a)(1), '[a]fford all interested persons a reasonable opportunity ... submit data, views, comments, or 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). Whether an agency must undertake formal rulemaking for ...

docket:	a3155-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-13
status:	Published
citation:
Document Size:	34834

17 FARRUGGIO'S BRISTOL v. NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT -- rank: 764

... intended action before adopting or repealing a rule or regulation. N.J.S.A. 52:14B-4(a)(1). The notice must be given at least thirty ...

docket:	a4932-18
court:	NJ Superior Court Appellate Division
decided:	2021-11-18
status:	Unpublished
citation:
Document Size:	41802

18 EDUCATION LAW CENTER v. NEW JERSEY DEPARTMENT OF EDUCATION -- rank: 762

... Beginning June 1, 2008 , 205 N.J. 339 , 358 (2011); N.J.S.A. 52:14B-4.10; N.J.A.C. 1:30-6.3. However ... of its original rule proposal on October 18, 2010. See N.J.S.A. 52:14B-4.10(e) (stating that a rule proposal, followed by a ...

docket:	a5191-09
court:	NJ Superior Court Appellate Division
decided:	2012-04-03
status:	unpublished
citation:
Document Size:	41935

19 IMO Provision of Basic Generation Service for the Period Beginning June 1, 2008 -- rank: 756

... uding provision of notice and an opportunity to comment. See N.J.S.A. 52:14B-4(a). 1 However, that does not end the inquiry. A ... at least thirty days before the adoption of the regulation. N.J.S.A. 52:14B-4(a)(1). The notice must include a statement of the ... of analyses of the expected impact of the proposed rule. N.J.S.A. 52:14B-4(a)(2). Interested persons must be given a reasonable opportunity ... all written and oral submissions respecting the proposed rule.” N.J.S.A. 52:14B-4(a)(3). Finally, a report must be “[p]repare ... the data, views and arguments contained in the submissions.” N.J.S.A. 52:14B-4(a)(4). 2 We are well aware that the governing ...

docket:	a-75-09
court:	NJ Supreme Court
decided:	2011-03-10
status:
citation:	205 N.J. 339 15 A.3d 829
Document Size:	115773

20 IN RE READOPTION OF N.J.A.C. 14:2 -- rank: 751

... 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

21 MILFORD BOROUGH BOARD OF EDUCATION v. CHRISTOPHER D. CERF -- rank: 748

... 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

22 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 745

... 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

23 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 745

... 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

24 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 745

... 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

25 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 745

... 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

26 ROBERT A. NOLAN v. GURBIR S. GREWAL -- rank: 740

... 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

27 GEORGE HARMS CONSTRUCTION CO. V. NEW JERSEY TURNPIKE AUTHORITY -- rank: 727

... 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

28 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. RADIATION DATA, INC -- rank: 724

... 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

29 IN RE HIGHLANDS MASTER PLAN OF UNDERSTANDING BETWEEN THE HIGHLANDS COUNCIL AND THE COUNCIL ON AFFORDABLE HOUSING -- rank: 716

... 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

30 ESTATE OF WINIFRED SKORSKI v. NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY -- rank: 703

... 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