New Jersey Administrative Code
Title 6A - EDUCATION
Chapter 3 - CONTROVERSIES AND DISPUTES
Subchapter 1 - GENERAL PROVISIONS
Section 6A:3-1.6 - Emergent relief or stay
Current through Register Vol. 56, No. 6, March 18, 2024
(a) Where the subject matter of the controversy is a particular course of action by a district board of education or any other party subject to the jurisdiction of the Commissioner, the petitioner may include with the petition of appeal, a separate motion for emergent relief or a stay of that action pending the Commissioner's final decision in the contested case.
(b) A motion for a stay or emergent relief shall be accompanied by a letter memorandum or brief which shall address the following standards to be met for granting such relief pursuant to Crowe v. DeGioia, 90 N.J. 126 (1982):
(c) Any party opposing such motion shall so indicate as part of the answer to the petition filed pursuant to 6A:3-1.5. However, upon review, the Commissioner may:
(d) The Commissioner may decide a motion for interim relief or stay prior to any transmittal of the underlying matter to the OAL for hearing. Once a matter has been transmitted, any subsequent motion for emergent relief shall be filed with the Commissioner who shall forward the motion for determination by the OAL in accordance with applicable rules of the OAL.