IN RE UNIFORM ADM'V PROCEDURE RULES


90 N.J. 85 (1982)

447 A.2d 151

IN THE MATTER OF THE APPEAL OF CERTAIN SECTIONS OF THE UNIFORM ADMINISTRATIVE PROCEDURE RULES.

The Supreme Court of New Jersey.

Decided June 29, 1982.


Attorney(s) appearing for the Case

Vincent J. Dotoli argued the cause for appellant, Burlington Environmental Management Services, Inc. (Vincent J. Dotoli, attorney; Robert D. Ford, on the brief).

Morris Schnitzer argued the cause for respondent, Office of Administrative Law.

Erminie L. Conley, Assistant Attorney General, argued the cause for amici curiae Attorney General and State Executive Agencies (James R. Zazzali, Attorney General of New Jersey, attorney).

William R. Holzapfel, Francis R. Perkins and Albert N. Stender submitted a brief on behalf of amicus curiae Holzapfel, Perkins & Kelly, A Professional Corporation (Holzapfel, Perkins & Kelly, attorneys; Albert N. Stender, of counsel and on the brief).


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

This case raises important questions concerning the relationship between State administrative agencies and the Office of Administrative Law (OAL) in the conduct and adjudication of contested cases. These questions are raised in the context of a challenge to a number of rules promulgated by the OAL to govern the manner in which administrative hearings are conducted.

The Office of Administrative Law adopted...

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