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MATTER OF REPEAL OF N.J.A.C. 6:28

204 N.J. Super. 158 (1985)

497 A.2d 1272

IN THE MATTER OF REPEAL OF N.J.A.C. 6:28 AND ADOPTION OF NEW RULE N.J.A.C. 6:28.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 1985.

Attorney(s) appearing for the Case

David B. Harris and Stephen M. Eisdorfer, Assistant Deputies Public Advocate, argued the cause for appellant (Amy R. Piro, Acting Public Advocate, attorney; David B. Harris, Stephen M. Eisdorfer and Linda W. Peres, Assistant Deputies Public Advocate on the letter brief).

June Kantor, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Before Judges PRESSLER, BRODY and COHEN.

The opinion of the court was delivered by COHEN, J.A.D.

A regulation adopted by a state agency is presumed to be reasonable and valid. Bergen Pines Hosp. v. Dept. of Human Serv., 96 N.J. 456, 447 (1984). If procedurally regular, it may be set aside only if it is proved to be arbitrary or capricious or if it plainly transgresses the statute it purports to effectuate, New Jersey...

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