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MATTER OF PETITION OF PATERSON COUNSELING CTR.

237 N.J. Super. 240 (1989)

567 A.2d 282

IN THE MATTER OF THE PETITION OF PATERSON COUNSELING CENTER, INC. FOR RELIEF FROM "ATTACHMENT C" OF THE STANDARD TERMS AND CONDITIONS TO THE OPERATING BUDGET FOR FISCAL YEAR 1989.

Superior Court of New Jersey, Appellate Division.

Decided December 11, 1989.

Attorney(s) appearing for the Case

Cynthia C. McNeill argued the cause for appellant Paterson Counseling Center, Inc.

Elizabeth Zuckerman, Deputy Attorney General, argued the cause for respondent New Jersey State Department of Health (Peter N. Perretti, Jr., Attorney General, attorney; Michael R. Clancy, Deputy Attorney General, of counsel; Elizabeth Zuckerman, on the brief).

James H. Landgraf argued the cause for amicus Curiae, Substance Abuse Treatment Providers, Inc. (Montgomery, McCracken, Walker & Rhoads, attorneys; Leonard F. Costa and James H. Landgraf, on the brief).

Before Judges J.H. COLEMAN, BRODY and SKILLMAN.

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

This appeal requires us to decide whether the Department of Health (Department) has the authority to regulate the composition of boards of trustees of grantees under the Narcotic and Drug Abuse Control Act of 1969, N.J.S.A. 26:2G-1 et seq. (the Act). We hold that the Department has this authority, but that it must be exercised pursuant to the rulemaking process of the Administrative Procedure...

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