N.J. Admin. Code § 6A:9B-4.16

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

Section 6A:9B-4.16 - Motions for stay

(a) A determination of revocation and/or suspension shall be effective upon the date contained within the decision. To stay the decision's effective date, the Board of Examiners must grant a motion to stay the decision.

1. A party shall make a motion for a stay of the Board of Examiners' decision pending appeal to the Commissioner in accordance with the procedures at N.J.A.C. 6A:9B-4.14.

2. The moving party shall file the motion for a stay within 30 days of the mailing date of the Board of Examiners' decision that is at issue.

3. The Board of Examiners shall meet to hear the motion to stay within 20 days of the date the motion is filed. A written decision on the motion shall not be required, but the Board of Examiners shall notify the moving party of the decision within five days of reviewing the motion and any opposition.

(b) The brief in support of the motion shall address the following standards to be met for granting a stay 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 other party if the requested relief is not granted.

N.J. Admin. Code § 6A:9B-4.16

Amended and recodified from 6A:9B-4.21 by 47 N.J.R. 2989(a), effective 12/7/2015

Amended by 55 N.J.R. 853(a), effective 5/1/2023