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1 I/M/O ADOPTION OF AMENDMENTS TO N.J.A.C. 13:33-7.1(g) -- rank: 1000

... affirm. The Board was created by the Ophthalmic Dispensing Act, N.J.S.A. 52:17B-41.1 to -43 (the Act). The purpose of the Act ... lenses to the ultimate wearer or consumer in this State." N.J.S.A. 52:17B-41.1. Under N.J.S.A. 52:17B-41.13, the Board is authorized to adopt "reasonable rules and ... N.J.A.C. 13:33-7.1(g) violates N.J.S.A. 52:17B-41.13 because it requires advertisements to include the word "license," contrary to the statutory ban set forth in N.J.S.A. 52:17B-41.17. That provision makes it "unlawful for any ophthalmic dispenser ...

docket:	a5396-07
court:	superior court appellate division
decided:	2010-07-22
status:	unpublished
citation:
Document Size:	37354