Search Rutgers Law Library N.J. Court Opinions

46 IN THE MATTER OF KENNETH NICOSIA FLOOD HAZARD GENERAL PERMIT, ETC. -- rank: 630

... distinction is reflected by the difference within the APA between N.J.S.A. 52:14B-4(a)(4) (providing for public distribution of 'the agency's ... outside of this appeal through a petition for rulemaking under N.J.S.A. 52:14B-4(f). B. Appellants' second point—which their counsel declared at ...

docket:	a2921-22
court:	appellate
decided:	2024-07-26
status:	Published
citation:
Document Size:	45860

47 NEW JERSEY OUTDOOR ALLIANCE v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 630

... 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status:	Unpublished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

48 Communications Workers of America, AFL-CIO v. Department of Personnel -- rank: 625

... 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

49 IN THE MATTER OF ADOPTION OF THE COMPREHENSIVE BLACK BEAR MANAGEMENT POLICY -- rank: 620

... 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

50 IN THE MATTER OF THE APPLICATION FOR MEDICINAL MARIJUANA ALTERNATIVE TREATMENT CENTER FOR PANGAEA HEALTH AND WELLNESS, LLC -- rank: 617

... 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

51 /usr/local/share/www/libweb/collections/courts/appellate/a3256-11red.opn.html -- rank: 617

... 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

52 /usr/local/share/www/libweb/collections/courts/trial/actedxx-10.opn.html -- rank: 617

... 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

53 VIRTUA HEALTH, INC v. POONAM ALAIGH, M.D. -- rank: 606

... 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

54 LIBERTY HOUSE NURSING HOME - v. NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES - -- rank: 598

... 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

55 SAINT PETER'S UNIVERSITY HOSPITAL v. CLIFTON R. LACY, et al. -- rank: 596

... regulations violated the requirements of the Administrative Procedure Act, specifically N.J.S.A. 52:14B-4. V This disposition is limited to the issues advanced in ...

docket:	A0584-02
court:	NJ Superior Court Appellate Division
decided:	2004-09-14
status:	published
citation:	372 N.J. Super. 170 856 A.2d 753
Document Size:	42457

56 ROSS FOGG FUEL OIL CO. v. DIRECTOR, DIVISION OF TAXATION -- rank: 588

... the Division’s interpretation constitute invalid rule-making pursuant to N.J.S.A. 52:14B-4. 3 Expansion of the New Jersey Add-back Requirement Taxpayer ...

docket:	06544-03
court:
decided:	2005-06-07
status:
citation:
Document Size:	39467

57 IN THE MATTER OF THE STATE BOARD OF EDUCATION'S DENIAL OF PETITION TO ADOPT REGULATIONS -- rank: 574

... school or nonpublic school. The petition was submitted pursuant to N.J.S.A. 52:14B-4(f), a provision in the Administrative Procedure Act ("APA") that ...

docket:	a5681-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-25
status:	published
citation:	422 N.J. Super. 521 29 A.3d 1079
Document Size:	49923

58 IN RE ADOPTION OF N.J.A.C. 7:1B -- rank: 572

... interested persons "reasonable opportunity to submit data, views, or arguments." N.J.S.A. 52:14B-4(a)(3); see also N.J.A.C. 1:30 ... be prepared by the agency containing the agency's responses. N.J.S.A. 52:14B-4(a)(4); see also N.J.A.C. 1:30 ... the extent the person making the comment might prefer. See N.J.S.A. 52:14B-4(a). Neither does the APA mandate that suggestions be accepted ...

docket:	a3465-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-17
status:	unpublished
citation:
Document Size:	29354

59 IN RE CAFRA PERMIT NO 1512-08-0020.1CAF080001 -- rank: 569

... Corp. , supra , 191 N.J. at 53 (citation omitted) (quoting N.J.S.A. 52:14B-4(a)(3)). In evaluating whether an agency's determination announces ...

docket:	a1088-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-29
status:	unpublished
citation:
Document Size:	104216

60 IN RE ADOPTION OF N.J.A.C. 6A:27-5.1 -- rank: 566

... a thirty-eight-page proposal, compliant with the requirements of N.J.S.A. 52:14B-4(a)(2), which discussed the eighty-seven proposed amendments in ...

docket:	a3170-20
court:	NJ Superior Court Appellate Division
decided:	2023-07-03
status:	Unpublished
citation:
Document Size:	32619