American Civil Liberties Union of New Jersey v. Rochelle Hendricks ( (A-22-16; 077885) Judicial review is premature because factual disputes require resolution before the Secretary can make a properly informed decision on the grant applications. Because an informed administrative decision could not have been made without the benefit of a proper record, the matter is remanded to the Secretary, in order that a contested case proceeding be conducted prior to the ultimate administrative decision of the Secretary concerning the challenged grants