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IN RE ADOPTION OF N.J.A.C. 13:38-1.3(f)

775 A.2d 629 (2001)

341 N.J. Super. 536

In re ADOPTION OF N.J.A.C. 13:38-1.3(f) by the State Board of Optometrists.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 2001.

Attorney(s) appearing for the Case

William Harla, argued the cause for appellant, (Decotiis, Fitzatrick, Gluck, Hayden & Cole, attorneys; Mr. Harla, of counsel; Gregory J. Bevelock, on the brief).

Carmen A. Rodriguez, Deputy Attorney General, argued the cause for respondent, (John J. Farmer, Jr., Attorney General, attorney; Andrea M. Silkowitz, of counsel; Ms. Rodriguez, on the brief).

Before Judges PRESSLER, CIANCIA and ALLEY.

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

Lenscrafters appeals from the adoption of an administrative rule by the State Board of Optometrists, in particular, N.J.A.C. 13:38-1.3(f). We hold that the regulation is contrary to the statute that purportedly authorized it and thus is invalid.

The Legislature has recognized optometry as a profession. N.J.S.A. 45:12-1. In a case we decided seventeen...

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