01-14-09 Deborah Heart & Lung v. Heather Howard, J.D., et als.
A-4131-07T3
We hold that a regulatory agency's (Dep't of Health and Senior Services) change in the manner of reporting to the public risk-adjusted mortality data on open heart surgery does not constitute administrative rulemaking, and amounts to no more
than informal agency action not subject to the statutory rulemaking procedures of the Administrative Procedure Act (APA)
or the Health Care Facilities Planning Act. Nonetheless, such agency action in this case was preceded by adequate notice to
the regulated class and an opportunity to be heard, sufficient to satisfy administrative due process.
