N.J. Admin. Code § 6A:3-7.5 - Standard of review

(a) In determining appeals from NJSIAA decisions, the Commissioner's scope of review shall be appellate in nature.

1. If the NJSIAA has granted a petitioner due process and its decision is supported by sufficient credible evidence in the record as a whole, the Commissioner shall not substitute their judgment for that of the NJSIAA, even if the Commissioner might judge otherwise in a de novo review.

2. The Commissioner shall not overturn NJSIAA's application of its own rules absent a demonstration by the petitioner that such rules were applied in an arbitrary, capricious, or unreasonable manner.

Notes

N.J. Admin. Code § 6A:3-7.5

Recodified from N.J.A.C. 6A:3-7.4 by R.2005 d.109, effective 4/4/2005.
See: 36 New Jersey Register 5032(a), 37 New Jersey Register 1051(b).
Former N.J.A.C. 6A:3-7.5, Commissioner's decision, recodified to N.J.A.C. 6A:3-7.6. Amended by 56 N.J.R. 766(b) effective 5/6/2024