New Jersey Administrative Code
Title 6A - EDUCATION
Chapter 4 - APPEALS
Subchapter 4 - REVIEW AND DECISION
Section 6A:4-4.1 - Standard of review
Universal Citation: NJ Admin Code 6A:4-4.1
Current through Register Vol. 56, No. 18, September 16, 2024
(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.
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