Search Rutgers Law Library N.J. Court Opinions

31 ANIMAL PROTECTION LEAGUE OF NEW JERSEY v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 700

... 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

32 SOUTHGATE HEALTH CARE CENTER v. NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES -- rank: 697

... 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status:	unpublished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

33 IN THE MATTER OF THE NEW JERSEY FIREMEN'S ASSOCIATION -- rank: 697

... 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

34 BULLET HOLE, INC., et al. v. COL. CARSON DUNBAR, Superintendent, Division of New Jersey State Police, et al. -- rank: 697

... 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

35 /usr/local/share/www/libweb/collections/courts/appellate/a1826-15pub.opn.html -- rank: 695

... 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

36 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: 687

... 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

37 IN THE MATTER OF FORT MONMOUTH REUSE AND REDEVELOPMENT PLAN -- rank: 684

... 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

38 COMMUNICATIONS WORKERS OF AMERICA, AFL CIO VS NEW JERSEY DEPARTMENT OF PERSONNEL -- rank: 684

... 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

39 LEAGUE OF HUMANE VOTERS OF NEW JERSEY v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 681

... 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

40 CHARLES S. SLAUGHTER v. GOVERNMENT RECORDS COUNCIL -- rank: 668

... 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

41 NEW JERSEY DENTAL ASSOCIATION v. METROPOLITAN LIFE INSURANCE COMPANY -- rank: 665

... 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

42 /usr/local/share/www/libweb/collections/courts/appellate/a0984-20.opn.html -- rank: 652

... Catherine R. McCabe they were petitioning the DEP 'pursuant to N.J.S.A. 52:14B-4(f), N.J.A.C. 1:30-4.1 et ... the petition, advising petitioners of the applicable law: Pursuant to N.J.S.A. 52:14B-4(f), an interested person may petition an agency to adopt ... the authority of the agency to take the requested action. N.J.S.A. 52:14B-4(f)(3). The petition is seeking a repeal of portions ... adoption, amendment, and repeal of rules by state agencies. Under N.J.S.A. 52:14B-4(f), '[a]n interested person may petition an agency to ... has 'the authority . . . to take the . . . action' requested by petitioner. N.J.S.A. 52:14B-4(f)(3). Accordingly, the petition should have been submitted to ... the authority to take the action requested in the petition. N.J.S.A. 52:14B-4(f). Affirmed. 5.6, and because, like the other ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	24367

43 CONTINENTAL GYPSUM CO., Plaintiff v. DIRECTOR, DIVISION <br -- rank: 644

... 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

44 STATE OF NEW JERSEY IN THE INTEREST OF Y.C. -- rank: 641

... 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

45 PISCATAWAY TOWNSHIP BOARD OF EDUCATION v. CHRISTOPHER D. CERF -- rank: 633

... 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