Monday, May 1, 2017

An Administrative Regulation, “A Linguistic Morass,” is Invalidated as Arbitrary and Capricious

In re N.J.A.C. 12:17-2.1, ___ N.J. Super. ___ (App. Div. 2017).  Given the deferential standard of review of the validity of regulations promulgated by administrative agencies, it is relatively rare that a court finds such a regulation to be arbitrary and capricious, and therefore invalid.  Today’s opinion by Judge Sabatino, however, does just that, regarding […]

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