07-22-08 A-0984-05T1
Although a challenge to the validity of an administrative regulation is ordinarily determined based solely on the record developed before the agency in considering adoption of the regulation, a court has the authority to remand for supplementation of the record, including the conduct of an evidentiary hearing, if it concludes that such proceedings are required for a proper determination of the challenge. The Farm Bureau has raised substantial questions regarding the validity of the septic density rule adopted by the DEP to govern development in the preservation area of the Highlands area that require such an evidentiary hearing. The water allocation rule also adopted by the DEP to govern development in the preservation area is valid.
