N.J. Admin. Code § 6A:3-1.6

Current through Register Vol. 56, No. 11, June 3, 2024

Section 6A:3-1.6 - Emergent relief or stay

(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):

1. The petitioner will suffer irreparable harm if the requested relief is not granted;

2. The legal right underlying petitioner's claim is settled;

3. The petitioner 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 petitioner will suffer greater harm than the respondent will suffer if the requested relief is not granted.

(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:

1. Act upon such motion prior to the filing of an answer, provided a reasonable effort is made to give the opposing party an opportunity to be heard;

2. Act upon such motion upon receipt of the answer; or

3. Transmit the motion to the OAL for immediate hearing on the motion.

(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.

1. If a matter has already been transmitted to the OAL, a copy of the motion and supporting memorandum or brief shall concurrently be filed with the OAL Clerk and the assigned ALJ, if known, at the same time the motion is filed with the Commissioner.

N.J. Admin. Code § 6A:3-1.6

Amended by R.1986 d.157, effective 5/5/1986.
See: 18 N.J.R. 404(b), 18 N.J.R. 976(a).
Substantially amended.
Amended by R.1991 d.57, effective 2/4/1991.
See: 22 N.J.R. 2841(a), 23 N.J.R. 297(b).
Amended to clarify that motions for stays of action or the granting of emergent relief may be directed at parties other than boards of education and that such requested action should be by way of a separate motion; provided that a motion for stay or emergent relief must be accompanied by a letter memorandum or brief addressing the standard for such relief as set forth in Crowe v. DeGioia, 90 N.J. 126 (1982) and provided that the Commissioner may decide a motion for a stay prior to receipt of an answer, after the filing of an answer or transmit the matter to OAL for an immediate hearing on the motion.
Amended by R.2000 d.137, effective 4/3/2000.
See: 31 N.J.R. 4173(a), 32 N.J.R. 1177(a).
Rewrote (b) and (d); in (c), changed N.J.A.C. reference in the introductory paragraph; and added (e).
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).
Section was "Interim relief or stay". Deleted (e).

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