01-2-4895 Division of Developmental Disabilities v. Minnix , App. Div. (per curiam) (10 pp.) The decision of the Division of Developmental Disabilities revoking appellant’s license to operate a community care residence for the developmentally disabled because she physically abused a resident by slapping her and neglected the clients in her care by failing to notify the division that an additional adult male was living in her house and that police had been called to her house several times is affirmed. The division’s rejection of the administrative law judge’s finding that appellant had not abused the resident was not arbitrary or capricious and there is adequate evidence to support the finding of neglect. [Decided Aug. 6, 2009.]
ADMINISTRATIVE LAW — ENVIRONMENTAL PROTECTION — STORM-WATER MANAGEMENT RULES
01-2-4896 In re NJDEP Administrative Orders , App. Div. (per curiam) (21 pp.) Written guidance issued by the DEP regarding application of storm-water management rules, particularly the rules governing encroachment into a 300-foot buffer adjacent to Category One waters, does not meet the Metromedia criteria for a rule. Moreover, it fits squarely within the technical manual exemption of N.J.S.A. 13:1D-111 and is exempt from the rule-making requirements of the Administrative Procedure Act. [Decided Aug. 6, 2009.]
