N.J. Admin. Code § 6A:3-1.15

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

Section 6A:3-1.15 - Motion for stay, reconsideration, or clarification of Commissioner's decision

(a) Any party may make a motion for stay of a Commissioner's decision pending a determination on appeal to the Appellate Division of the Superior Court. Such motion shall be made subsequent to, or concurrent with, the filing of a notice of appeal with the court, but within 45 days of the filing of the Commissioner's decision.

1. A motion shall be filed with the Commissioner together with proof of service on each other party, accompanied by a copy of the notice of appeal and a letter memorandum or brief that addresses the standards to be met for granting such relief pursuant to Crowe v. DeGioia, 90 N.J. 126 (1982) as set forth at N.J.A.C. 6A:3-1.6(b). The motion may be further briefed in accordance with the directives of the Commissioner, and shall be decided by the Commissioner based upon the above-referenced criteria.

(b) Any party may make a motion for reconsideration or clarification of the Commissioner's decision within 10 days of the filing of the Commissioner's decision.

1. A motion shall be filed with the Commissioner together with proof of service on each other party, shall be briefed in accordance with the directives of the Commissioner, and shall be decided by the Commissioner in accordance with applicable rules of the OAL.

2. A motion for reconsideration shall be considered based upon the following:

i. Claim(s) of mistake, provided, however, that disagreement with the outcome of a decision, or with the analysis upon which it is based, shall not constitute "mistake" for purposes of this section;

ii. Newly discovered evidence likely to alter the outcome of a matter, where such evidence could not have been previously discovered by due diligence;

iii. Newly ascertained misrepresentation or other misconduct of an adverse party, where such misrepresentation or misconduct could not have been previously known; or

iv. Reversal of a prior judgment on which the present matter is based.

3. A motion for clarification shall be considered based upon necessity as specifically demonstrated in the papers submitted with the motion.

(c) The filing of a motion for clarification or reconsideration shall not, in and of itself, relieve the parties from compliance with any judgment or order of the Commissioner.

(d) The filing of a motion for clarification or reconsideration shall not, in and of itself, alter the filing date of the Commissioner's decision for purposes of appeal.

N.J. Admin. Code § 6A:3-1.15

New Rule, R.2000 d.137, effective 4/3/2000.
See: 31 N.J.R. 4173(a), 32 N.J.R. 1177(a).
Amended by R.2000 d.276, effective 7/3/2000.
See: 32 N.J.R. 1112(a), 32 N.J.R. 2469(a).
In (b), substituted a reference to 10 days for a reference to 30 days in the introductory paragraph, rewrote i and iii in 2, and inserted "specifically" in 3.
Amended by R.2005 d.109, effective 4/4/2005.
See: 36 N.J.R. 5032(a), 37 N.J.R. 1051(b).
Rewrote the section.
Amended by R.2010 d.072, effective 5/17/2010.
See: 41 N.J.R. 3992(b), 42 N.J.R. 929(b).
In the introductory paragraph of (a), substituted "Appellate Division of the Superior Court" for "State Board of Education or the court, as the case may be" and "45" for "30", and deleted "State Board or the" preceding the last occurrence of "court"; and deleted (e).

Amended by 56 N.J.R. 766(b) effective 5/6/2024