N.J. Admin. Code § 6A:4-3.3

Current through Register Vol. 56, No. 12, June 17, 2024

Section 6A:4-3.3 - Motion for stay of a decision of the State Board of Examiners

(a) A motion to stay a State Board of Examiners' determination pending determination of an appeal to the Commissioner shall be made first to the State Board of Examiners.

1. Motions shall be made to the State Board of Examiners concurrent with or subsequent to the filing of a notice of appeal to the Commissioner, together with a supporting affidavit and proof of service on each party.

(b) If the motion is denied by the State Board of Examiners, a motion for stay may be made to the Commissioner in accordance with 6A:4-3.1. If the motion is granted by the State Board of Examiners, a motion to dissolve the stay may be made to the Commissioner in accordance with 6A:4-3.1. The motion shall include as an attachment the State Board of Examiners' decision granting or denying a stay, along with the State Board of Examiners' decision from which a stay was sought, including the initial decision, if any, issued by the OAL.

(c) The motion and affidavit filed in accordance with 6A:4-3.1shall set forth fully the portion of the State Board of Examiner's decision from which a stay or dissolution of a stay is sought, the factual basis on which the motion is founded, and the reason(s) why the motion should be granted.

(d) Any party opposing the motion shall file, and shall serve within 10 days of service of the motion, an answering affidavit in the same manner, setting forth the reason(s) why the motion should be denied.

(e) The motion shall be reviewed by the Commissioner in accordance with 6A:4-4.1(b).

N.J. Admin. Code § 6A:4-3.3

Amended by 48 N.J.R. 2782(a), effective 12/19/2016