Legal Opinion
In re Adoption of N.J.A.C.
New Jersey Superior Court Appellate Division
Decided June 29, 2001PublishedCited by 5 opinions
1Opinion of the Court
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.
*539The Legislature has recognized optometry as a profession. N.J.S.A. 45:12-1. In a case we decided seventeen years ago, Matter of Kaufman, 194 N.J.Super. 124, 476 A.2d 319 (App.Div. 1984), we were concerned with charges that two optometrists were practicing their profession in violation of N.J.S.A.…
2Cases cited22 opinions
- Campbell v. Department of Civil ServiceSupreme Court of New Jersey · 1963
- Abelson's, Inc. v. New Jersey State Board of OptometristsSupreme Court of New Jersey · 1950
- In Re the Suspension or Revocation of the Certificate of HellerSupreme Court of New Jersey · 1977
- New Jersey State League of Municipalities v. Department of Community AffairsSupreme Court of New Jersey · 1999
- California Ass'n of Dispensing Opticians v. Pearle Vision Center, Inc.California Court of Appeal · 1983
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3Cited by5 opinions
- In Re Reg. of Oper. Serv. ProvidersNew Jersey Superior Court Appellate Division · 2001
- Idea Boardwalk, LLC v. Revel Entertainment Group, LLC (In re Revel AC, Inc.)United States Bankruptcy Court, D. New Jersey · 2015
- State v. CamilloNew Jersey Superior Court Appellate Division · 2005
- IN THE MATTER OF RUSSELL S. CLINE (NEW JERSEY MOTOR VEHICLE COMMISSION)New Jersey Superior Court Appellate Division · 2017
- ROBERT HAMPTON VS. ADT, LLC (L-0435-20, SOMERSET COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2021