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16 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

17 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status:	unpublished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

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:	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

20 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

21 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

22 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

23 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

24 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

25 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

26 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

27 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

28 /usr/local/share/www/libweb/collections/courts/appellate/a1826-15pub.opn.html -- rank: 710

... policy in conformity with the rulemaking procedures of the APA, N.J.S.A. 52:14B-4 to -5, and remand to the Commissioner for commencement of ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	25375

29 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 IN THE MATTER OF THE BOARD' -- rank: 702

... CTA modifications through formal rulemaking in accordance with the APA. N.J.S.A. 52:14B-4. They contend the Board's order establishes a uniform policy ... description of the expected socio-economic impact of the rule," N.J.S.A. 52:14B-4(a)(2), and prepare and distribute "a report listing all ... the data, views, comments, and arguments contained in the submissions," N.J.S.A. 52:14B-4(a)(4). The record supports Rate Counsel's position. These ... description of the expected socio-economic impact of the rule," N.J.S.A. 52:14B-4(a)(2), and prepare and distribute a report "summarizing the ... the data, views, comments, and arguments contained in the submissions," N.J.S.A. 52:14B-4(a)(4). We do not consider these APA requirements to ...

docket:	a1153-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	57744

30 COMMUNICATIONS WORKERS OF AMERICA, AFL CIO VS NEW JERSEY DEPARTMENT OF PERSONNEL -- rank: 699

... the scope of powers which may lawfully be delegated under N.J.S.A. 52:14B-4 or from an adjudicative ruling. The appeal contests a January ... adopted without utilizing the rule-making processes set forth in N.J.S.A. 52:14B-4, such programs escape the legislative scrutiny provided under N.J ... the words "outside the provision of this title" used in N.J.S.A. 52:14B-4, may together pass constitutional muster. Footnote: 1 N.J.A ...

docket:	a3195-95
court:	njappellate
decided:	1997-03-31
status:	published
citation:	<a href=
Document Size:	23267