Request for Stay of Enforcement Pending Review - New Jersey

REQUEST FOR STAY OF ENFORCEMENT PENDING REVIEW

STATE OF NEW JERSEY

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DOCUMENT SELECTION

This Request is Filed With:

☐ State Administrative Agency (Initial Application for Stay - Required First Step)
☐ Appellate Division of the Superior Court (After Agency Denial per R. 2:9-7)

Nature of Relief Sought:

☐ Stay of Enforcement Pending Administrative Reconsideration
☐ Stay of Enforcement Pending Appeal to Appellate Division
☐ Emergency/Expedited Stay Relief

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PART I: CAPTION AND CASE INFORMATION

A. For Agency-Level Filing

BEFORE THE [________________________________________________]
(Name of State Administrative Agency, Board, Commission, or Department)

STATE OF NEW JERSEY
DEPARTMENT OF [________________________________________________]

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In the Matter of:

[________________________________]
Petitioner/Respondent,

v.

[________________________________]
(Agency Name, if applicable)

Agency Docket No.: [________________________________]

OAL Docket No.: [________________________________] (if matter was transmitted to Office of Administrative Law)

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B. For Appellate Division Filing

SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO.: A-[____]-[____]T[____]

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[________________________________]
Petitioner-Appellant,

v.

[________________________________]
(Name of Agency),
Respondent.

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Sat Below:
Administrative Law Judge [________________________________]
Agency Head: [________________________________]

On Appeal From:
[________________________________]
(Name of Agency)
Agency Docket No.: [________________________________]

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REQUEST FOR STAY OF ENFORCEMENT PENDING

☐ ADMINISTRATIVE RECONSIDERATION

☐ APPEAL TO THE APPELLATE DIVISION

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PART II: INTRODUCTION AND RELIEF REQUESTED

Petitioner, [________________________________] ("Petitioner"), by and through undersigned counsel, respectfully submits this Request for Stay of Enforcement and states as follows:

A. Nature of Request

Petitioner respectfully requests that this [☐ Agency / ☐ Appellate Division] enter an Order staying enforcement and implementation of the [☐ Final Decision / ☐ Final Agency Order / ☐ Administrative Action] dated [__/__/____], issued by [________________________________] ("Agency"), pending [☐ reconsideration by the Agency / ☐ disposition of Petitioner's appeal to the Appellate Division of the Superior Court of New Jersey].

B. Summary of Relief Requested

Petitioner specifically requests that this [Agency/Court]:

1. ☐ Stay all enforcement of the Agency's Final Decision dated [__/__/____];

2. ☐ Stay the [revocation/suspension/denial] of Petitioner's [________________________________] effective [__/__/____];

3. ☐ Stay the imposition of civil penalties in the amount of $[________________________________];

4. ☐ Stay the requirement that Petitioner [________________________________] by [__/__/____];

5. ☐ Preserve the status quo pending final resolution of Petitioner's [motion for reconsideration/appeal];

6. ☐ Grant such other and further relief as may be just and proper.

C. Urgency Statement

☐ This matter is EMERGENT because: [________________________________]
Enforcement is scheduled to take effect on: [__/__/____]

☐ This matter is TIME-SENSITIVE but not emergent because: [________________________________]

☐ This matter proceeds on REGULAR MOTION SCHEDULE

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PART III: STATEMENT OF PROCEDURAL HISTORY

A. Agency Proceedings Below

1. Initiation of Proceedings: On or about [__/__/____], [describe how the administrative matter commenced]:
   [________________________________]
   [________________________________]
   [________________________________]

2. Nature of Agency Action: The Agency [☐ initiated enforcement action / ☐ denied Petitioner's application for / ☐ revoked/suspended Petitioner's / ☐ imposed penalties for / ☐ other]:
   [________________________________]
   [________________________________]

3. Transmission to Office of Administrative Law:
   ☐ On [__/__/____], the matter was transmitted to the Office of Administrative Law ("OAL") as a contested case pursuant to N.J.S.A. 52:14B-10 and N.J.A.C. 1:1-8.2.
   ☐ This matter was not transmitted to the OAL.

4. Administrative Hearing:
   ☐ A contested case hearing before Administrative Law Judge [________________________________] was conducted on [__/__/____].
   ☐ No hearing was conducted because: [________________________________]

5. Initial Decision: On [__/__/____], the Administrative Law Judge issued an Initial Decision:
   ☐ Recommending [________________________________]
   ☐ Finding [________________________________]
   (Attach as Exhibit [____])

6. Agency Head Action on Initial Decision: On [__/__/____], the Agency Head:
   ☐ Adopted the ALJ's Initial Decision in its entirety
   ☐ Modified the ALJ's Initial Decision by [________________________________]
   ☐ Rejected the ALJ's Initial Decision and substituted [________________________________]
   (Pursuant to N.J.S.A. 52:14B-10(c))

7. Final Decision: On [__/__/____], the Agency issued its Final Decision ordering:
   [________________________________]
   [________________________________]
   [________________________________]
   (Attach Final Decision as Exhibit A)

B. Post-Decision Procedural History

8. Service of Final Decision: The Final Decision was served upon Petitioner on [__/__/____] by [☐ regular mail / ☐ certified mail / ☐ personal service / ☐ electronic service].

9. Effective Date of Agency Action: The Agency's action becomes effective on [__/__/____].

10. Motion for Reconsideration:
    ☐ Petitioner filed a Motion for Reconsideration on [__/__/____].
    ☐ The Motion for Reconsideration was [☐ denied on [__/__/____] / ☐ granted in part on [__/__/____] / ☐ remains pending].
    ☐ No Motion for Reconsideration was filed.

11. Notice of Appeal:
    ☐ Petitioner timely filed a Notice of Appeal to the Appellate Division on [__/__/____], within the 45-day period prescribed by R. 2:4-1(b).
    ☐ The Notice of Appeal has not yet been filed; this stay application is filed in conjunction with the appeal.

C. Prior Stay Applications (Required for Appellate Division Filings per R. 2:9-7)

12. Agency-Level Stay Application:

☐ Pursuant to R. 2:9-7, Petitioner applied to the Agency for a stay of enforcement on [__/__/____]. (Attach application as Exhibit B)

☐ The Agency DENIED the stay application on [__/__/____]. (Attach denial as Exhibit C)
Reasons given for denial: [________________________________]
[________________________________]

☐ The Agency HAS NOT RULED on the stay application within [____] days of filing, which constitutes constructive denial. (Attach proof of filing as Exhibit B)

☐ WAIVER OF AGENCY APPLICATION: Petitioner respectfully requests that the Court waive the requirement to first apply to the Agency because:
☐ Application to the Agency would be futile because: [________________________________]
☐ Emergency circumstances preclude agency application because: [________________________________]
☐ Other: [________________________________]

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PART IV: STATEMENT OF FACTS

A. Background and Nature of Petitioner

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Type of Petitioner:
☐ Individual
☐ Business Entity (Type: [________________________________])
☐ Licensed Professional (License Type: [________________________________])
☐ Governmental Entity
☐ Non-Profit Organization
☐ Other: [________________________________]

B. Subject Matter of Agency Action

[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. Facts Relevant to Stay Application

[________________________________]
[________________________________]
[________________________________]
[________________________________]

D. Immediate Consequences if Stay is Denied

If this [Agency/Court] denies the requested stay, the following consequences will occur immediately or imminently:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]

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PART V: LEGAL FRAMEWORK FOR STAY OF ENFORCEMENT

A. Statutory Authority

Under the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., a final agency decision becomes effective on the date of delivery or mailing to the parties, or on such later date as the agency may specify. N.J.S.A. 52:14B-10(e). The filing of an appeal does not automatically stay enforcement of the agency's decision.

B. Court Rule Framework

R. 2:9-7 (Temporary Relief in Administrative Proceedings) provides that a motion for a stay of an administrative agency decision "shall be made in the first instance to the agency whose order is appealed from and, if denied, to the Appellate Division."

R. 2:9-5 (Stay Pending Appeal) authorizes the trial court or the appellate court to grant a stay pending appeal upon such terms as are just.

R. 2:9-6 (Supersedeas Bond) governs bond requirements for stays pending appeal.

C. The Crowe v. De Gioia Standard

The New Jersey Supreme Court established the controlling standard for stays and preliminary injunctive relief in Crowe v. De Gioia, 90 N.J. 126 (1982). Under Crowe, the party seeking a stay must demonstrate:

1. Likelihood of Success on the Merits: A reasonable probability of ultimate success on the merits of the underlying claim. 90 N.J. at 132-34. This requirement "is tempered by the principle that mere doubt as to the validity of the claim is not an adequate basis for refusing to maintain the status quo." Id. at 134.

2. Irreparable Harm: The moving party will suffer irreparable injury if the stay is denied—harm that "cannot be redressed adequately by monetary damages." Id. at 132-33.

3. Balance of Hardships: The relative hardship to the parties favors granting the stay—the harm to the moving party from denial of the stay outweighs any harm to the opposing party if the stay is granted. Id. at 134.

4. Public Interest: Granting the stay will not be adverse to the public interest and will serve to preserve the rights of all parties pending final adjudication. Id. at 134.

As the Supreme Court explained, "the point of temporary relief is to maintain the parties in substantially the same condition when the final decree is entered as they were when the litigation began." Id. at 134 (internal quotation marks omitted). See also Garden State Equality v. Dow, 216 N.J. 314 (2013) (applying Crowe factors to stay applications).

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PART VI: APPLICATION OF CROWE v. DE GIOIA FACTORS

A. FACTOR ONE: Petitioner Has a Reasonable Likelihood of Success on the Merits

Petitioner's [motion for reconsideration/appeal] presents substantial questions of law and/or fact that demonstrate a reasonable probability of success on the merits:

1. First Legal Issue/Ground for Appeal

Issue: [________________________________]

Argument:
[________________________________]
[________________________________]
[________________________________]

Supporting Legal Authority:
[________________________________]
[________________________________]

Standard of Review: (Select applicable standard)
☐ De novo review of legal conclusions
☐ "Sufficient credible evidence" review of factual findings (N.J.S.A. 52:14B-10(c))
☐ Abuse of discretion review
☐ Arbitrary, capricious, or unreasonable standard

2. Second Legal Issue/Ground for Appeal

Issue: [________________________________]

Argument:
[________________________________]
[________________________________]
[________________________________]

Supporting Legal Authority:
[________________________________]
[________________________________]

Standard of Review:
☐ De novo review of legal conclusions
☐ "Sufficient credible evidence" review of factual findings
☐ Abuse of discretion review
☐ Arbitrary, capricious, or unreasonable standard

3. Third Legal Issue/Ground for Appeal (if applicable)

Issue: [________________________________]

Argument:
[________________________________]
[________________________________]
[________________________________]

Supporting Legal Authority:
[________________________________]
[________________________________]

4. Summary: Why Success on the Merits is Likely

[________________________________]
[________________________________]

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B. FACTOR TWO: Petitioner Will Suffer Irreparable Harm Without a Stay

Under Crowe, "[h]arm is generally considered irreparable in equity if it cannot be redressed adequately by monetary damages." 90 N.J. at 132-33. Absent a stay, Petitioner will suffer the following irreparable injuries:

1. Categories of Irreparable Harm (Select all that apply)

☐ Professional License Revocation/Suspension

• License Type: [________________________________]
• Issuing Agency: [________________________________]
• Effective Date of Revocation/Suspension: [__/__/____]
• Years in Practice: [____]
• Number of Clients/Patients Affected: [____]
• Impact on Livelihood: [________________________________]

☐ Business License/Permit Revocation or Denial

• License/Permit Type: [________________________________]
• Business Name: [________________________________]
• Years in Operation: [____]
• Annual Revenue: $[________________________________]
• Number of Employees: [____]
• Impact: [________________________________]

☐ Business Closure or Operational Shutdown

• Nature of Business: [________________________________]
• Effective Date of Closure: [__/__/____]
• Permanent Closure vs. Temporary: [________________________________]
• Customer/Client Impact: [________________________________]

☐ Employment Termination or Professional Debarment

• Position: [________________________________]
• Employer: [________________________________]
• Years of Employment: [____]
• Impact on Career: [________________________________]

☐ Reputational Harm

• Nature of Reputational Injury: [________________________________]
• Public Nature of Agency Action: [________________________________]
• Why Monetary Damages Cannot Remedy: [________________________________]

☐ Loss of Unique Business Opportunity or Contract

• Description of Opportunity: [________________________________]
• Time-Sensitive Nature: [________________________________]
• Inability to Recreate: [________________________________]

☐ Constitutional or Civil Rights Deprivation

• Nature of Rights at Issue: [________________________________]
• Specific Constitutional Provision: [________________________________]

☐ Personal Hardship

• Nature of Hardship: [________________________________]
• Impact on Family: [________________________________]

☐ Environmental or Property Harm

• Nature of Harm: [________________________________]
• Irreversibility: [________________________________]

☐ Other Irreparable Harm:
[________________________________]
[________________________________]

2. Detailed Description of Irreparable Harm

[________________________________]
[________________________________]
[________________________________]
[________________________________]

3. Imminence of Harm

The irreparable harm described above will occur on or about [__/__/____], which is:
☐ Before the Agency can rule on reconsideration
☐ Before the Appellate Division can decide this motion on regular motion practice
☐ Within [____] days of this filing

4. Inadequacy of Monetary Remedy

[________________________________]
[________________________________]

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C. FACTOR THREE: The Balance of Hardships Favors Petitioner

Under Crowe, the [Agency/Court] must weigh "the relative hardship to the parties in granting or denying relief." 90 N.J. at 134.

1. Hardship to Petitioner if Stay is Denied

[________________________________]
[________________________________]
[________________________________]
[________________________________]

2. Hardship to Agency/Respondent if Stay is Granted

[________________________________]
[________________________________]
[________________________________]

3. Hardship to Third Parties

☐ No third parties will be affected by the stay.
☐ Third parties may be affected as follows: [________________________________]
However, this harm is mitigated by: [________________________________]

4. Analysis: Balance Tips Decisively in Petitioner's Favor

[________________________________]
[________________________________]
[________________________________]

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D. FACTOR FOUR: The Public Interest Supports Granting the Stay

Granting the requested stay will not be contrary to the public interest and will serve the public interest in the following ways:

1. Interest in Fair and Accurate Administrative Process

[________________________________]
[________________________________]

2. Interest in Avoiding Waste of Judicial/Administrative Resources

[________________________________]
[________________________________]

3. No Imminent Threat to Public Health, Safety, or Welfare

☐ The Agency's action does not involve an imminent threat to public health.
☐ The Agency's action does not involve an imminent threat to public safety.
☐ The Agency's action does not involve ongoing consumer harm.
☐ No regulatory emergency exists that would be exacerbated by a stay.
☐ No third parties will be prejudiced by a stay.

[________________________________]

4. Public Interest in Maintaining the Status Quo

[________________________________]
[________________________________]

5. Additional Public Interest Considerations

[________________________________]
[________________________________]

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PART VII: CONDITIONS AND BOND PROVISIONS

A. Petitioner's Willingness to Comply with Conditions

Petitioner is prepared to comply with reasonable conditions that this [Agency/Court] may impose to protect the interests of the Agency, the public, or any third parties during the pendency of this stay, including but not limited to:

☐ Posting of a bond or other security
☐ Periodic reporting to the Agency regarding [________________________________]
☐ Maintaining current [insurance/licensure/certification]: [________________________________]
☐ Restrictions on [specific activities]: [________________________________]
☐ Supervision requirements: [________________________________]
☐ Record-keeping requirements: [________________________________]
☐ Other conditions proposed by Petitioner: [________________________________]

B. Bond Provisions Under R. 2:9-6

1. Bond Requirement Analysis:

☐ No Bond Required: This matter does not involve a money judgment, and therefore no supersedeas bond is required under R. 2:9-6.

☐ Money Judgment - Bond Proposed: The Agency's decision involves a monetary penalty of $[________________________________]. Petitioner proposes to post a supersedeas bond in the amount of $[________________________________] (115% of judgment amount per R. 2:9-6(a)).

☐ Government Appellant Exemption: Petitioner is a governmental entity and is therefore exempt from bond requirements under R. 2:9-6(c).

2. Request for Waiver or Reduction of Bond:

☐ Petitioner requests that any bond requirement be waived or reduced based on the following:

☐ Financial Hardship: Petitioner cannot afford to post bond because:
[________________________________]
[________________________________]

☐ Likelihood of Success: Petitioner's strong likelihood of success on appeal justifies waiver because:
[________________________________]

☐ Other Grounds for Waiver:
[________________________________]

3. Alternative Security:

☐ In lieu of a cash bond, Petitioner proposes the following alternative security:
☐ Surety bond from [________________________________]
☐ Letter of credit from [________________________________]
☐ Real property lien on property located at [________________________________]
☐ Other: [________________________________]

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PART VIII: EMERGENCY/EXPEDITED RELIEF PROCEDURES

(Complete this section only if seeking emergency or expedited consideration)

A. Certification of Emergency

☐ Petitioner certifies that this matter constitutes a genuine emergency requiring immediate consideration because:

[________________________________]
[________________________________]
[________________________________]

B. Nature of Imminent Harm

The threatened harm is truly imminent because:
[________________________________]

The harm will occur on or about: [__/__/____]

C. Explanation for Timing of Application

☐ Petitioner filed this application promptly upon [learning of the Agency's decision / the Agency's denial of stay / the occurrence of circumstances creating the emergency].

☐ If there has been any delay in seeking relief, the delay is explained as follows:
[________________________________]
[________________________________]

D. Prior Emergency Applications

☐ Petitioner has not previously sought emergency relief in this matter.
☐ Petitioner previously sought emergency relief as follows:
Date: [__/__/____]
Forum: [________________________________]
Result: [________________________________]

E. Contact Information for Emergency Purposes

Petitioner's Counsel:
Daytime Phone: [________________________________]
After-Hours Phone: [________________________________]
Email: [________________________________]

Agency Counsel:
Name: [________________________________]
Phone: [________________________________]
Email: [________________________________]

F. Emergent Filing Instructions

For truly urgent matters before the Appellate Division, contact the Emergent Clerk at (609) 815-2950 ext. 52614 between 8:30 A.M. and 4:30 P.M. Use Form CN 10498 (Application for Permission to File Emergent Motion).

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PART IX: CONCLUSION

WHEREFORE, for all of the foregoing reasons, Petitioner respectfully requests that this [Agency/Appellate Division] enter an Order:

1. Staying enforcement of the [Final Decision/Order] dated [__/__/____] in its entirety, or alternatively, staying [specific provisions]:
   [________________________________];

2. Directing that the stay remain in effect until [☐ final disposition of Petitioner's motion for reconsideration / ☐ final disposition of Petitioner's appeal, including any petition for certification to the Supreme Court];

3. ☐ Waiving the requirement for a supersedeas bond, or in the alternative, setting bond in the amount of $[________________________________];

4. ☐ Granting emergency/expedited consideration of this application;

5. Imposing such conditions on the stay as the [Agency/Court] deems just and appropriate; and

6. Granting such other and further relief as the [Agency/Court] deems just and proper.

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Respectfully submitted,

[________________________________]
Attorney for Petitioner

[________________________________]
(Firm Name)

[________________________________]
(Street Address)

[________________________________]
(City, State, ZIP Code)

Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

New Jersey Attorney ID No.: [________________________________]

Dated: [__/__/____]

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VERIFICATION AND CERTIFICATION

STATE OF NEW JERSEY

COUNTY OF [________________________________]

I, [________________________________], of full age, hereby certify as follows:

1. I am the [☐ Petitioner / ☐ authorized officer of Petitioner / ☐ authorized representative of Petitioner] in the above-captioned matter.

2. I have read the foregoing Request for Stay of Enforcement Pending Review and the factual statements contained therein.

3. The factual statements in this Request are true to the best of my knowledge, information, and belief, based upon [☐ personal knowledge / ☐ review of business records / ☐ information provided by [________________________________]].

4. I make this certification in support of Petitioner's Request for Stay of Enforcement.

5. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

[________________________________]
(Signature)

[________________________________]
(Print Name)

Title: [________________________________]

Dated: [__/__/____]

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CERTIFICATION OF COUNSEL PURSUANT TO R. 1:4-8

I, [________________________________], attorney for Petitioner, hereby certify as follows:

1. I am an attorney at law of the State of New Jersey, admitted to practice before the courts of this State, and I represent Petitioner in this matter.

2. The matters set forth in this Request for Stay of Enforcement are true to the best of my knowledge, information, and belief, formed after reasonable inquiry.

3. This Request is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

4. The legal contentions herein are warranted by existing law or by a non-frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law.

5. The factual allegations have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.

[________________________________]
(Signature)

[________________________________]
(Print Name)

New Jersey Attorney ID No.: [________________________________]

Dated: [__/__/____]

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PROPOSED ORDER

[FOR AGENCY-LEVEL FILING]

BEFORE THE [________________________________________________]

In the Matter of:
[________________________________]
Petitioner

Docket No.: [________________________________]

ORDER GRANTING STAY OF ENFORCEMENT

THIS MATTER having been opened to the [Agency] upon the Request of Petitioner, [________________________________], for a Stay of Enforcement Pending [Reconsideration/Appeal], and the [Agency] having considered the submissions of the parties, and for good cause shown;

IT IS on this [____] day of [________________________________], 20[____],

ORDERED that Petitioner's Request for Stay of Enforcement is hereby GRANTED; and it is further

ORDERED that enforcement of the Final Decision dated [__/__/____] is hereby STAYED pending [final disposition of Petitioner's Motion for Reconsideration / appeal to the Appellate Division]; and it is further

ORDERED that this Stay shall remain in effect until [________________________________]; and it is further

ORDERED that as a condition of this Stay, Petitioner shall:
☐ Post a bond in the amount of $[________________________________] within [____] days;
☐ Comply with the following conditions: [________________________________];
☐ No bond or conditions are required; and it is further

ORDERED that a copy of this Order shall be served upon all parties within [____] days.

[________________________________]
[Agency Head/Designee]

Dated: [__/__/____]

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[FOR APPELLATE DIVISION FILING]

SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO.: A-[____]-[____]T[____]

[________________________________]
Petitioner-Appellant,

v.

[________________________________],
Respondent.

ORDER GRANTING STAY OF ENFORCEMENT

THIS MATTER having come before the Court upon Petitioner-Appellant's Motion for a Stay of Enforcement Pending Appeal pursuant to R. 2:9-7, and the Court having considered the papers submitted, and for good cause shown;

IT IS on this [____] day of [________________________________], 20[____],

ORDERED that Petitioner-Appellant's Motion for Stay of Enforcement is hereby GRANTED; and it is further

ORDERED that enforcement of the Final Decision of [________________________________] dated [__/__/____] is hereby STAYED pending final disposition of this appeal; and it is further

ORDERED that as a condition of this Stay:
☐ Petitioner-Appellant shall post a supersedeas bond in the amount of $[________________________________] within [____] days of the date of this Order;
☐ Petitioner-Appellant shall comply with the following conditions: [________________________________];
☐ No bond or conditions are required; and it is further

ORDERED that this Stay shall remain in effect until [the mandate issues in this appeal / further Order of this Court / [________________________________]].

FOR THE COURT:

[________________________________]
Judge/Clerk, Appellate Division

Dated: [__/__/____]

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CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing Request for Stay of Enforcement Pending Review, together with all exhibits attached thereto, to be served upon the following by the method(s) indicated:

Service Method(s):

☐ Via Regular U.S. Mail, postage prepaid
☐ Via Certified Mail, Return Receipt Requested
☐ Via Overnight Delivery Service ([________________________________])
☐ Via Hand Delivery
☐ Via Electronic Mail
☐ Via eCourts Electronic Filing System (for Appellate Division filings)
☐ Via Facsimile Transmission

Parties Served:

Agency Counsel/Deputy Attorney General:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
(Name, Title, Address, Email, Fax)

Agency Head (if different from counsel):

[________________________________]
[________________________________]
[________________________________]
(Name, Title, Address)

Office of Administrative Law (if applicable):

Office of Administrative Law
Quakerbridge Plaza, Building 9
P.O. Box 049
Trenton, New Jersey 08625-0049

Other Parties/Intervenors:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

[________________________________]
(Signature)

[________________________________]
(Print Name)

Attorney for Petitioner

Dated: [__/__/____]

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EXHIBITS CHECKLIST

☐ Exhibit A: Agency's Final Decision/Order dated [__/__/____]

☐ Exhibit B: Stay Application Filed with Agency dated [__/__/____]

☐ Exhibit C: Agency's Denial of Stay Application dated [__/__/____] (or proof of non-ruling)

☐ Exhibit D: Notice of Appeal filed [__/__/____] (for Appellate Division filings)

☐ Exhibit E: ALJ Initial Decision dated [__/__/____] (if applicable)

☐ Exhibit F: Supporting Certification(s) Regarding Irreparable Harm

☐ Exhibit G: Documentary Evidence Supporting Stay Factors

• [________________________________]
• [________________________________]
• [________________________________]

☐ Exhibit H: Financial Documentation (if seeking bond waiver/reduction)

☐ Exhibit I: Proposed Form of Stay Order

☐ Exhibit J: [________________________________]

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PRACTICE NOTES FOR NEW JERSEY PRACTITIONERS

Critical Timing and Deadlines

Notice of Appeal:

• Must be filed within 45 days of service of the Final Agency Decision (R. 2:4-1(b))
• The 45-day period runs from service, not from the date of the decision
• Filing a motion for reconsideration does NOT toll the 45-day appeal period unless the agency grants a stay

Agency-Level Stay Application:

• No statutory deadline, but file immediately after receiving the Final Decision
• Delay undermines urgency arguments and may constitute waiver
• If Agency does not rule promptly, document the delay for Appellate Division purposes

Appellate Division Stay Application:

• Must first exhaust agency-level stay application (R. 2:9-7)
• File promptly after agency denial; delay may be fatal to emergent relief
• For emergency matters, use Form CN 10498 and contact Emergent Clerk

Exhaustion Requirement Under R. 2:9-7

• The Appellate Division will not consider a stay motion unless the movant first sought relief from the Agency
• Exceptions are narrow: futility, emergency circumstances, or waiver by the Agency
• Document the agency-level application and denial thoroughly
• If Agency fails to act within a reasonable time (typically 10-14 days), this can satisfy exhaustion

Standards of Review on Appeal

Understanding the applicable standard of review strengthens likelihood-of-success arguments:

• Legal conclusions: Reviewed de novo (no deference to agency)
• Factual findings: Reviewed for "sufficient credible evidence in the record" (N.J.S.A. 52:14B-10(c))
• Credibility determinations: Substantial deference to ALJ; agency may reject only if arbitrary, capricious, or unreasonable
• Discretionary decisions: Reviewed for abuse of discretion
• Agency interpretation of its own regulations: Some deference, but not binding

Bond Practice Under R. 2:9-6

• Non-money judgments: Generally do not require bond
• Money judgments: Standard practice is 115% of judgment amount
• Governmental appellants: Exempt from bond requirements (R. 2:9-6(c))
• Financial hardship: May justify reduced bond; must demonstrate with financial records
• Alternative security: Letters of credit, surety bonds, and property liens may be acceptable

Emergency/Emergent Applications

When to Seek Emergent Relief:

• Enforcement will occur before regular motion practice can be completed
• Irreparable harm is truly imminent (days, not weeks)
• Matter involves license revocation, business closure, or constitutional rights

Emergent Filing Procedures:

• Use Form CN 10498 (Application for Permission to File Emergent Motion)
• Contact Emergent Clerk: (609) 815-2950 ext. 52614 (8:30 AM - 4:30 PM)
• Self-generated emergencies (delay in filing) may result in denial
• No right to oral argument on emergency applications
• Attorney must be available by phone; provide after-hours contact

Strengthening the Crowe Factors

Likelihood of Success:

• Strongest: Clear legal error, misapplication of law, rejection of uncontroverted evidence
• Weaker: Challenges to credibility findings, discretionary calls
• Remember: "Mere doubt" suffices; absolute certainty not required

Irreparable Harm:

• Strongest: License revocations, business shutdowns, constitutional deprivations, employment terminations
• Weaker: Purely monetary penalties (rarely constitute irreparable harm)
• Key: Document specificity—vague allegations of harm are insufficient

Balance of Hardships:

• Emphasize concrete, immediate harms to Petitioner
• Minimize or distinguish any harm to Agency from temporary delay
• Note: Regulatory agencies rarely suffer cognizable harm from brief stays

Public Interest:

• Distinguish between regulatory interest and actual public safety concerns
• Note absence of emergency, imminent threat, or ongoing harm
• Emphasize public interest in fair process and accurate decision-making

Specific Agency Considerations

Different agencies may have internal rules or practices regarding stay applications:

Agency	Relevant Regulations
Division of Consumer Affairs	N.J.A.C. 13:45C
Department of Environmental Protection	N.J.A.C. 7:1
Department of Labor	N.J.A.C. 12:2
Department of Banking and Insurance	N.J.A.C. 11:1
Board of Public Utilities	N.J.A.C. 14:1
Department of Education	N.J.A.C. 6A:3-1.6; 6A:3-1.15
Civil Service Commission	N.J.A.C. 4A:2
Division of Taxation	N.J.A.C. 18:12

Always review the specific agency's regulations for additional stay application requirements or procedures.

Preserving the Record

• Ensure all arguments raised on appeal were preserved below
• If raising new arguments, explain why they could not have been raised earlier
• Document all irreparable harm with specific, concrete evidence
• Obtain supporting certifications from affected parties (employees, customers, patients, etc.)
• Keep copies of all filings with date stamps

Common Pitfalls to Avoid

1. Missing the 45-day appeal deadline while waiting for agency ruling on reconsideration
2. Failing to apply to the agency first before seeking Appellate Division relief
3. Delay in filing that creates self-generated emergency
4. Vague allegations of irreparable harm without specific supporting facts
5. Failure to propose conditions that could address agency concerns
6. Inadequate documentation of financial hardship when seeking bond waiver

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This template is designed for use in New Jersey administrative proceedings. Practitioners should verify all citations and confirm compliance with current court rules, agency regulations, and local practice before filing. The information contained herein is current as of the last updated date but may be superseded by subsequent statutory or rule amendments.