IN RE FAILURE BY DEPT. OF BANKING


764 A.2d 494 (2001)

336 N.J. Super. 253

In the Matter of the FAILURE BY THE DEPARTMENT OF BANKING AND INSURANCE TO TRANSMIT A PROPOSED DENTAL FEE SCHEDULE TO THE OAL for Publication in the New Jersey Register.

Superior Court of New Jersey, Appellate Division.

Decided January 17, 2001.


Attorney(s) appearing for the Case

Arthur Meisel, North Brunswick, argued the cause for appellants New Jersey Dental Association and Harris N. Colton, D.D.S.

Doreen J. Piligian, Deputy Attorney General, argued the cause for respondent New Jersey Department of Banking and Insurance (John J. Farmer, Jr., Attorney General, attorney; Nancy Kaplen, Assistant Attorney General, of counsel; Karyn G. Gordon, Deputy Attorney General, on the brief).

Before Judges WEFING, CUFF and LEFELT.


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

This appeal concerns delay by the Department of Banking and Insurance ("Department") in revising a dental fee schedule, set forth in N.J.A.C. 11:3-29.6(b), to reflect inflation. The fee schedule was last revised in 1996 and, according to the New Jersey Dental Association ("NJDA"), must be adjusted mandatorily, under N.J.S.A. 39:6A-4.6a, every two years to reflect inflation. Hoping to force the...

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