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COALITION FOR QUALITY HEALTH CARE v. DEPT. OF BANKING

817 A.2d 347 (2003)

358 N.J. Super. 123

COALITION FOR QUALITY HEALTH CARE, New Jersey Association of Osteopathic Physicians & Surgeons, Southern New Jersey Chiropractic Society, Monmouth/Ocean Chiropractic Society, New Jersey Society of Physical Medicine and Rehabilitation, New Jersey Chiropractic Society, American Chiropractic Association, and Dentists for Quality Care, Appellants, v. NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE, Division of Insurance, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 7, 2003.

Attorney(s) appearing for the Case

Arthur F. Pavluk argued the cause for appellants (Barrett & Pavluk, attorneys; Tracy A. Siebold, on the brief).

Doreen J. Piligian argued the cause for respondent (David Samson, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Ms. Piligian and Karyn G. Gordon, Deputy Attorneys General, on the brief).

Before Judges KING, WECKER and LISA.

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

In this case, eight non-profit organizations of health care professionals appeal from the adoption of regulations by the Commissioner of Banking and Insurance (Commissioner): N.J.A.C. 11:3-29 Appendix, Exhibit 1; N.J.A.C. 11:3-29.4(m); and N.J.A.C. 11:3-29.4(o). Appellants argue that the Commissioner violated N.J.S.A. 39:6A-4.6 and acted outside the authority delegated to her...

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