N.J. Admin. Code § 13:2-43.5

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

Section 13:2-43.5 - Standard of review

(a) The statutory standard to be applied in granting or denying a Special Ruling is good cause. In situations where there is a multi-term inactive license, there is a direct relationship between the length of inactivity and the prognosis for activation, as it relates to the quantum of proof necessary to establish good cause. Thus, the Director will consider evidence and/or testimony presented in all prior petitions and rulings in determining whether good cause has been established. If a licensee receives a Special Ruling that provides a date certain for activation or there will be no further renewals of the license, the licensee shall only be eligible for additional relief upon a showing of extreme justification.

(b) If a licensee enters into a Consent Order that provides a date certain for activation or there will be no further renewals of the license, the licensee may file a Motion to Reopen Consent Order with the Director. The motion shall only be granted upon a showing of extreme justification. The following factors will be considered in reaching this determination:

1. Was there a serious material event that occurred which prevented the license from being activated;

2. Was the material event unforeseen at the time the Consent Order was entered into;

3. Is the license transfer to a premises for immediate activation pending or is construction of premises near completion; and

4. Would denial of the Motion to Reopen the Consent Order, under the circumstances, result in manifest injustice.

N.J. Admin. Code § 13:2-43.5