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IN RE INCREASE IN FEES BY STATE BD. OF DENTISTRY

84 N.J. 582 (1980)

423 A.2d 640

IN THE MATTER OF AN INCREASE IN FEES BY THE NEW JERSEY STATE BOARD OF DENTISTRY.

The Supreme Court of New Jersey.

Decided December 16, 1980.

Attorney(s) appearing for the Case

Arthur Meisel argued the cause for appellants New Jersey Dental Association and Frederick Harvey, D.D.S. (Jamieson, McCardell, Moore, Peskin & Spicer, attorneys).

Bruce H. Snyder, Deputy Attorney General, argued the cause for respondent State Board of Dentistry (John J. Degnan, Attorney General of New Jersey, attorney; Stephen Skillman, Assistant Attorney General, of counsel).

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

This case presents the question whether a State agency which, pursuant to N.J.S.A. 45:1-3.2, collects fees under the authority of a rule that is judicially invalidated is obligated to refund monies collected in excess of its statutory authority. We answer this question in the affirmative and accordingly remand the case to the New Jersey State Board of Dentistry for...

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