01-2-8719 I/M/O Adoption of Amendments to N.J.A.C. 13:33-7.1(g), App. Div. (per curiam) (10 pp.) In this action by the National Association of Optometrists and Opticians, challenging an amendment to N.J.A.C. 13:33-7.1(g) by the Board of Ophthalmic Dispensers and Ophthalmic Technicians, requiring all advertisements by ophthalmic dispensers to include the name and New Jersey license number for at least one ophthalmic dispenser working at a business location, in addition to the business address and telephone number, the panel affirms the amendment, finding that the board correctly relied on a Formal Opinion from the Attorney General in concluding that an ophthalmic dispenser license number is truthful information that cannot be prohibited and the Association therefore has failed to show that the amended advertising regulation is invalid. Nor is the regulation unreasonable because it protects the public safety by telling consumers that a licensed dispenser is at a specific location, allows consumers and the board to more readily identify a licensee in the event of a problem, and is not overly burdensome.
