N.J. Admin. Code § 5:105-2.12

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

Section 5:105-2.12 - Stays of Council's administrative orders, interim orders, and final decisions

(a) Requests for a stay of a final decision must be in writing, delivered to the Council and simultaneously served upon all parties.

(b) Parties must file any objection to the request for a stay from a final decision within 10 business days following receipt of the request.

(c) The Executive Director may grant a stay from a final decision based on consideration of the request and any objection to the request submitted to the Council.

(d) Requests for a stay of the effective date of a Council administrative order or interim order must be made prior to the last day by which action was to have been taken in accordance with the Council's decision. Appeals of administrative orders and interim orders may be made to the Appellate Division of New Jersey Superior Court, in accordance with N.J. Court Rule 2:5-6 .

1. Requests must be in writing, delivered to the Council and simultaneously served upon all parties.

2. Parties must file any objection to the request for a stay from an administrative order or interim order within 10 business days following receipt of the request.

(e) The Executive Director may grant a stay of an administrative order or interim order for the period of time requested.

(f) A request for a stay of administrative orders, interim orders, or final decisions must be in writing and include a detailed analysis of the issue(s), which includes an analysis of the following factors that the Council will include in its decision-making process:

1. The clear likelihood of success on the merits of the claim;

2. The danger of irreparable harm in the absence of a stay;

3. The harm to others if a stay is not granted; and

4. The public interest.

N.J. Admin. Code § 5:105-2.12

Amended by 54 N.J.R. 2081(a), effective 11/7/2022