N.J. Admin. Code § 6A:4-4.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 6A:4-4.1 - Standard of review

(a) In determining appeals from decisions of the State Board of Examiners or the School Ethics Commission pursuant to this chapter, the Commissioner shall ascertain whether the decision is supported by sufficient credible evidence in the record and shall not disturb the decision unless the appellant has demonstrated the State Board of Examiners or the School Ethics Commission acted in a manner that was arbitrary, capricious, or contrary to law.

(b) In determining motions for stay or emergency relief, the Commissioner shall apply the following standards, pursuant to Crowe v. DeGioia, 90 N.J. 126 (1982):

1. The moving party will suffer irreparable harm if the requested relief is not granted;

2. The legal right underlying the moving party's claim is settled;

3. The moving party has a likelihood of prevailing on the merits of the underlying claim; and

4. When the equities and interests of the parties are balanced, the moving party will suffer greater harm than the respondent will suffer if the requested relief is not granted.

N.J. Admin. Code § 6A:4-4.1

Amended by 48 N.J.R. 2782(a), effective 12/19/2016