High Horizons Dev. Co. v. Department of Transp

In High Horizons Dev. Co. v. Department of Transp., 120 N.J. 40, 575 A.2d 1360 (1990), the New Jersey Supreme Court noted that, where there is no specific statutory or rule requirement that a hearing be held, see id. at 42, 575 A.2d 1360, the need for a trial-type hearing tends to be influenced by whether the agency is acting in a quasi-judicial or quasi-legislative capacity. Id. at 50, 575 A.2d 1360. If the agency is exercising its administrative expertise to make a policy determination not involving the adjudication of disputed facts, a trial-type hearing is ordinarily not required. Id. at 51, 575 A.2d 1360. Manifestly, however, if the question turns on a factual-type determination, including expert opinion submitted for the agency's evaluation and reliance, an interested party with the requisite standing must be able, in some effective way, to contest the bases offered. Therefore, if the issues require the agency to consider material facts and to apply the law and the agency's understanding of public policy to the facts found, a hearing suitable to a discharge of those functions is necessary. Id. at 50, 575 A.2d 1360.