Supreme Court of New Jersey

In the Matter of Petitions for Rulemaking, N.j.a.c. 10:82-1.2 and 10:85-4.1

December 11, 1989117 N.J. 311

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's order requiring the Department of Human Services to develop a "standard of need" for both the AFDC and General Assistance programs. The Court held that the enabling statutes and legislative intent obligate the agency to define such standards, even though the actual benefit levels are set by the Legislature. The decision also clarified the limited role of courts in reviewing agency action, focusing on whether the agency violates express or implied legislative policies.