Search Rutgers Law Library N.J. Court Opinions

31 IN THE MATTER OF FORT MONMOUTH REUSE AND REDEVELOPMENT PLAN -- rank: 699

... APA imposes notice and comment requirements on agencies promulgating rules. N.J.S.A. 52:14B-4. Prior to an agency adopting, amending, or repealing a rule ...

docket:	a0924-08
court:	NJ Superior Court Appellate Division
decided:	2010-10-27
status:
citation:
Document Size:	43958

32 LEAGUE OF HUMANE VOTERS OF NEW JERSEY v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 696

... rule must be adopted in 'substantial compliance' with the APA. N.J.S.A. 52:14B-4(d). Prior to adopting or amending a rule, an agency ... submit data, views, comments, or arguments, orally or in writing.' N.J.S.A. 52:14B-4(a)(1), (3). Public comments should be 'given a meaningful ... the data, views, comments, and arguments contained in the submissions.' N.J.S.A. 52:14B-4(a)(4). Appellants' first contention is that the Council did ... and shall respond to questions posed by any interested party.' N.J.S.A. 52:14B-4(g). In Animal Protection League, we explained that the Council ... fully all written and oral submissions respecting the proposed rule[.]' N.J.S.A. 52:14B-4(a)(3). Finally, appellants argue, as they did in regard ...

docket:	a4630-15
court:	NJ Superior Court Appellate Division
decided:	2019-02-13
status:	Unpublished
citation:
Document Size:	44916

33 CHARLES S. SLAUGHTER v. GOVERNMENT RECORDS COUNCIL -- rank: 683

... rule would have expired five years after its effective date, N.J.S.A. 52:14B-4, but also would be exempt from the APA's sunset ...

docket:	a0163-08
court:	superior court appellate division
decided:	2010-06-04
status:	Published
citation:	413 N.J. Super. 544 997 A.2d 235
Document Size:	54835

34 NEW JERSEY DENTAL ASSOCIATION v. METROPOLITAN LIFE INSURANCE COMPANY -- rank: 680

... may petition the Commissioner for an amendment of the regulations. N.J.S.A. 52:14B-4. Considering the Department's stated intention to amend them, the ...

docket:	a2916-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-15
status:	published
citation:	424 N.J. Super. 160 36 A.3d 1066
Document Size:	46827

35 CONTINENTAL GYPSUM CO., Plaintiff v. DIRECTOR, DIVISION <br -- rank: 658

... is the failure to provide for the procedural requirements of N.J.S.A. 52:14B-4. These procedural requirements ensure fairness by providing public notice, an ...

docket:	02150-99
court:
decided:	2000-11-01
status:
citation:	19 N.J. Tax 221
Document Size:	107311

36 STATE OF NEW JERSEY IN THE INTEREST OF Y.C. -- rank: 655

... in J.J. , or with the Administrative Procedures Act (APA), N.J.S.A. 52:14B-4. See N.J.S.A. 52:14B-4(d) ("No rule hereafter adopted is valid unless adopted in ... in conformity with the procedures required by the APA. See N.J.S.A. 52:14B-4. Almost two years after J.J. was decided, the agency ... promulgated without following the required APA procedures set forth in N.J.S.A. 52:14B-4. If the JJC believed it had an emergent need to ... J. required that it adopt regulations before conducting transfers. See N.J.S.A. 52:14B-4(c) (adoption of emergency regulations); Cnty. of Hudson v. Dep ...

docket:	a1030-13
court:	NJ Superior Court Appellate Division
decided:	2014-06-05
status:	published
citation:	436 N.J.Super. 29 91 A.3d 636
Document Size:	40718

37 PISCATAWAY TOWNSHIP BOARD OF EDUCATION v. CHRISTOPHER D. CERF -- rank: 647

... for rulemaking with the State Board of Education pursuant to N.J.S.A. 52:14B-4(f) to address the concerns raised in their brief. This ...

docket:	a3202-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-02
status:	unpublished
citation:
Document Size:	23674

38 NEW JERSEY OUTDOOR ALLIANCE v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 644

... public comment as prescribed by the Administrative Procedure Act ('APA'), N.J.S.A. 52:14B-4, and by Metromedia, Inc. v. Director, Division 5 We express ... public notice and comment and formal rulemaking under the APA, N.J.S.A. 52:14B-4. This argument fails because settled precedent establishes that such a ... A:9-30 to -63, or via emergency rulemaking under N.J.S.A. 52:14B-4(c), neither of which was invoked here. A-0525-18T4 ...

docket:	a0525-18
court:	NJ Superior Court Appellate Division
decided:	2018-11-16
status:	Unpublished
citation:
Document Size:	74511

39 Communications Workers of America, AFL-CIO v. Department of Personnel -- rank: 639

... without first conducting rulemaking hearings under the Administrative Procedure Act, N.J.S.A. 52:14B-4. Our opinion should not be construed, however, as preventing the ... to adhere to the rule-making process set forth in N.J.S.A. 52:14B-4 to -4.1.     The Court points out that the appointing ...

docket:	a-88-97
court:	njsupreme
decided:	1998-05-11
status:
citation:	154 N.J. 121
Document Size:	41365

40 IN THE MATTER OF ADOPTION OF THE COMPREHENSIVE BLACK BEAR MANAGEMENT POLICY -- rank: 633

... complaint statistics; and Violated the Administrative Procedure Act 3 at N.J.S.A. 52:14B-4 ("APA") by failing to "consider fully" and respond to public ... 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). In addition, "[t]he agency shall consider fully ... to the data, views, and arguments contained in the submissions." N.J.S.A. 52:14B-4(a)(3)-(4). A rule is not valid "unless adopted in substantial compliance" with these provisions. N.J.S.A. 52:14B-4(d). Over 9,000 comments were received. Many of the ...

docket:	a1603-10_1
court:	New Jersey Superior Court Appellate Division
decided:	2010-12-03
status:	unpublished
citation:
Document Size:	50221

41 /usr/local/share/www/libweb/collections/courts/trial/actedxx-10.opn.html -- rank: 631

... 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:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	57031

42 IN THE MATTER OF THE APPLICATION FOR MEDICINAL MARIJUANA ALTERNATIVE TREATMENT CENTER FOR PANGAEA HEALTH AND WELLNESS, LLC -- rank: 631

... to evaluate applications in accordance with the original 2011 regulations. N.J.S.A. 52:14B-4 mandates that prior to the adoption of a regulation, an ... rule is considered a 'new rule' subject to these provisions. N.J.S.A. 52:14B-4.9. Once a regulation is in effect, it has 'the ...

docket:	a2204-18
court:	NJ Superior Court Appellate Division
decided:	2020-11-25
status:	Published
citation:
Document Size:	125791

43 /usr/local/share/www/libweb/collections/courts/appellate/a3256-11red.opn.html -- rank: 631

... 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:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	57034

44 VIRTUA HEALTH, INC v. POONAM ALAIGH, M.D. -- rank: 620

... other provider, from filing a petition for rulemaking pursuant to N.J.S.A. 52:14B-4(f) with the Department for its consideration concerning any future ...

docket:	a2371-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-14
status:	unpublished
citation:
Document Size:	62633

45 LIBERTY HOUSE NURSING HOME - v. NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES - -- rank: 612

... ability to comment by the regulated community as mandated by N.J.S.A. 52:14B-4. Both parties filed exceptions to the ALJ's determination. DHSS ...

docket:	a1069-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-05
status:	unpublished
citation:
Document Size:	33551