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BERGEN PINES HOSP. v. DEPT. OF HUMAN SERV.

96 N.J. 456 (1984)

476 A.2d 784

BERGEN PINES COUNTY HOSPITAL, PETITIONER-RESPONDENT, v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES; ANN KLEIN, COMMISSIONER; NEW JERSEY DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES; THOMAS M. RUSSO, DIRECTOR; NEW JERSEY DEPARTMENT OF HEALTH; JOANNE E. FINLEY, M.D., COMMISSIONER; NEW JERSEY DIVISION OF HEALTH ECONOMICS; JAMES HUB, DIRECTOR, RESPONDENTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 28, 1984.

Attorney(s) appearing for the Case

Ivan J. Punchatz, Deputy Attorney General, argued the cause for appellants (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Louis L. D'Arminio argued the cause for respondent (Breslin, Herten & LePore, attorneys).

The opinion of the Court was delivered by SCHREIBER, J.

The central issue in this case is whether a party who, though on notice of a proposed regulation, elects not to participate in the proceedings leading to adoption of the regulation may years later introduce evidence to attack the factual predicate of the regulation. This issue arose in a factual context in which plaintiff, Bergen Pines County Hospital (BPCH), questioned...

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