State Codes and Statutes

Statutes > New-jersey > Title-5 > Section-5-12 > 5-12-110

5:12-110.  Judicial review
    a.  The division or any person aggrieved by a final decision or order of the  commission made after hearing or rehearing by the commission, whether or not a  petition for hearing was filed, may obtain judicial review thereof by appeal to  the Superior Court in accordance with the Rules of Court.

    b.  Filing of an appeal shall not stay enforcement of the decision or order  of the commission unless the stay is obtained from the court upon application  in accordance with the Rules of Court or from the commission upon such terms  and conditions as it deems proper.

    c.  The reviewing court may affirm the decision and order of the commission,  may remand the case for further proceedings, or may reverse the decision if the  substantive rights of the petitioner have been prejudiced because the decision  is:

    (1) In violation of constitutional provisions;

     (2) In excess of the statutory authority and jurisdiction of the commission;   or

     (3) Arbitrary or capricious or otherwise not in accordance with law.

     d.  In order to protect the public interest and the regulatory authority of  the commission, any action by the commission taken pursuant to the provisions  of sections 64, 69 d. or 71 of this act shall not be subject to the injunctive  authority of the Superior Court prior to the exhaustion of the administrative  procedures herein specified, unless it shall appear evident to the court, by  clear and convincing evidence, that a manifest denial of justice would be  effectuated by the refusal to enjoin the contemplated action of the  commission.

     L.1977, c. 110, s. 110, eff. June 2, 1977.