NOTICE OF APPEAL AND PETITION FOR REVIEW OF FINAL AGENCY ACTION

(STATE ADMINISTRATIVE APPEAL – NEW JERSEY)

[// GUIDANCE: This template is drafted for a direct appeal of a final New Jersey state-agency decision to the Superior Court of New Jersey, Appellate Division, in accordance with N.J. Ct. R. 2:2-3(a)(2) and 2:4-1(b). Practitioners may adapt the form for interlocutory or emergent relief, or for transfer matters under N.J. Ct. R. 2:12-3. Replace bracketed placeholders before filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

COURT: Superior Court of New Jersey, Appellate Division
CAPTION:
• Appellant: [APPELLANT FULL LEGAL NAME]
• Respondent(s): [AGENCY NAME] and/or [ADDITIONAL RESPONDENTS]

DOCKET NO.: [TO BE ASSIGNED BY CLERK]
AGENCY DOCKET/REFERENCE NO.: [AGENCY DOCKET NO.]
DATE OF AGENCY DECISION: [DATE]
DATE OF FILING THIS APPEAL: [DATE (must be within 45 days of decision, per N.J. Ct. R. 2:4-1(b))]
JURISDICTION: State administrative law, New Jersey

RECITALS
A. WHEREAS, the [AGENCY NAME] (“Agency”) issued a Final Decision and Order dated [DATE] (“Final Decision”);
B. WHEREAS, [APPELLANT] has exhausted all administrative remedies, the Final Decision constitutes a final agency action, and no statutory bar to appeal exists;
C. WHEREAS, Appellant seeks judicial review pursuant to N.J. Ct. R. 2:2-3(a)(2) and any other applicable law;
NOW, THEREFORE, Appellant submits this Notice of Appeal and Petition for Review (“Petition”) as follows:

2. DEFINITIONS

“Agency Record” – The entirety of materials compiled under N.J. Ct. R. 2:5-4(a), including transcripts, exhibits, findings, and rulings leading to the Final Decision.

“Appellate Rules” – New Jersey Court Rules Part II (Rules Governing Appeals).

“Final Decision” – The [DATE] written determination of the Agency disposing of all issues before it.

“Standard of Review” – The judicial standard that an agency decision shall be affirmed unless it is arbitrary, capricious, unreasonable, or not supported by substantial credible evidence.

All other capitalized terms have meanings assigned in the body of the Petition.

3. OPERATIVE PROVISIONS

3.1 Notice of Appeal
Appellant hereby gives notice of appeal from the Final Decision under N.J. Ct. R. 2:2-3(a)(2).

3.2 Statement of Issues Presented
[Enumerate each contested issue concisely, e.g.,
(a) Whether the Agency erred in finding [FACTUAL FINDING];
(b) Whether the Agency misapplied [STATUTE/REGULATION];
(c) Whether the imposed penalty exceeds statutory authority.]

3.3 Relief Requested
Appellant respectfully requests that the Court:
(a) Reverse, vacate, or modify the Final Decision;
(b) Remand for further proceedings consistent with the Court’s opinion;
(c) Grant such other and further relief as the Court deems just and equitable.

3.4 Compliance With Appeal Procedures
(a) Timeliness – Filed within the 45-day period prescribed by N.J. Ct. R. 2:4-1(b).
(b) Service – Served in accordance with N.J. Ct. R. 2:5-1(a) on (i) Agency counsel, (ii) Attorney General of New Jersey, and (iii) all parties of record.
(c) Filing Fees – Accompanied by statutory filing fee of $250 and Case Information Statement (CIS).

3.5 Record Designation
Appellant designates the entire Agency Record. [Modify if partial designation is appropriate; identify specific transcript dates.]

3.6 Stay of Agency Action
[Optional] Appellant moves for a stay of enforcement pursuant to N.J. Ct. R. 2:9-7, demonstrating (i) likelihood of success on the merits, (ii) irreparable harm absent stay, (iii) no substantial injury to others, and (iv) public interest alignment.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority
Appellant represents that the undersigned counsel is duly authorized to file this Petition.

4.2 Exhaustion
Appellant warrants that all administrative remedies have been exhausted and that no request for reconsideration is pending before the Agency.

4.3 Accuracy
Appellant represents that the factual statements herein are true and correct to the best of its knowledge, information, and belief, formed after reasonable inquiry.

[// GUIDANCE: Consider attaching a verification or sworn certification if facts outside the Agency Record are asserted.]

5. COVENANTS & RESTRICTIONS

5.1 Cooperation
Appellant covenants to cooperate in prompt settlement of the record, timely filing of briefs, and compliance with scheduling orders.

5.2 Notice of Material Developments
Appellant shall promptly notify the Court and Respondents of any material change affecting mootness, jurisdiction, or relief sought.

6. DEFAULT & REMEDIES

6.1 Failure to Prosecute
If Appellant fails to comply with the Appellate Rules or Court orders, the appeal may be dismissed pursuant to N.J. Ct. R. 2:9-9.

6.2 Respondent Default
If Respondent fails to file a timely brief, Appellant may move for suppression of the brief or such other relief as provided in N.J. Ct. R. 2:6-9.

6.3 Attorneys’ Fees and Costs
Unless otherwise provided by statute or rule, each party shall bear its own fees and costs. Appellant reserves the right to seek a fee award if so authorized by governing law.

7. RISK ALLOCATION

7.1 Liability Caps
The Agency’s potential liability, if any, is subject to statutory caps on administrative penalties and sovereign immunity defenses.

7.2 Force Majeure
In the event of court closure or force majeure event preventing compliance with filing deadlines, parties shall seek relief under N.J. Ct. R. 1:1-2 (relaxation of the rules).

8. DISPUTE RESOLUTION

8.1 Governing Law
This appeal is governed by New Jersey state administrative law and the New Jersey Court Rules.

8.2 Forum Selection
Exclusive jurisdiction lies in the Superior Court of New Jersey, Appellate Division.

8.3 Arbitration
Not applicable; administrative appeals are adjudicated by the Court.

8.4 Jury Waiver
No jury trial is available in this administrative-law appeal.

8.5 Injunctive Relief
The Court retains authority to grant injunctive or other equitable relief, including a stay of agency action, pursuant to N.J. Ct. R. 2:9-7.

9. GENERAL PROVISIONS

9.1 Amendments
This Petition may be amended only by leave of Court under N.J. Ct. R. 2:4-4.

9.2 Severability
Should any provision herein be deemed unenforceable, the remainder shall remain in full force to the extent consistent with Court rules.

9.3 Integration
This document, together with all required forms (CIS, transcript request, proof of service), constitutes the entire filing.

9.4 Electronic Filing
Filing through eCourts Appellate satisfies signature requirements under N.J. Ct. R. 1:32-2A.

10. EXECUTION BLOCK

Respectfully submitted,

[ATTORNEY NAME] (Bar No. [######])
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Appellant, [APPELLANT]

Dated: [DATE]

[// GUIDANCE: Attach Proof of Service certifying personal or electronic service on (i) Agency counsel, (ii) Attorney General, and (iii) all interested parties. Include completed Case Information Statement and filing fee check or electronic payment confirmation.]