N.J. Admin. Code § 12:112-4.4

Current through Register Vol. 56, No. 23, December 2, 2024

Section 12:112-4.4 - Stay and interim relief requests

(a) Upon the filing of a Notice, a party, non-party, or representative may petition the Chairperson for a stay or other relief pending final decision of the matter.

(b) A request for stay or interim relief shall be in writing, signed by the petitioner or his or her representative and shall include detailed supporting information for the request.

(c) The following factors shall be considered in reviewing such requests:

1. Clear likelihood of success on the merits by the petitioners;

2. Danger of immediate or irreparable harm if the request is not granted;

3. Likelihood of substantial injury to employees or others if the request was not granted; and

4. The public interest.

(d) The filing of a petition for interim relief shall not stay administrative proceedings or processes.

(e) Each party shall serve copies of all materials submitted on all other parties.

(f) The Chairperson shall submit the request to the Review Commission for decision.

(g) Following a final administrative decision on a Notice by the Review Commission, and upon the filing of an appeal from the decision to the Appellate Division of the Superior Court, a party, non-party, or their representative may petition the Chairperson for a stay or other relief pending a decision by the Court in accordance with the procedures and standards in (b) and (c) above.

N.J. Admin. Code § 12:112-4.4