N.J. Admin. Code § 6A:9B-4.21

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

Section 6A:9B-4.21 - Motions for stay

(a) A party shall make a motion for a stay of the Board of Examiners' decision pending appeal to the State Board in accord with the procedures set forth in 6A:9B-4.19. The moving party shall file the motion for a stay within 30 days of the date of mailing of the Board of Examiners' decision that is at issue.

(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-4.21

Recodified to N.J.A.C. 6A:9B-4.16 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Motions for stay".