4:1-38. Conduct of appeal; disposition on appeal
Code Resources
New Jersey Resources
New Jersey Website
New Jersey Governor
New Jersey Legislature
New Jersey Courts
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
4:1-38. Conduct of appeal; disposition on appeal
The appeal shall be conducted by the Appellate Division of the Superior Court, without a jury, in accordance with its rules and shall be confined to the record and any additional testimony which may be taken pursuant to the provisions of section seventeen hereof. The court may affirm the rule, order, decision or determination of the director, or may suspend, reverse, vacate or modify it if the substantial rights of the appellant have been prejudiced as a result of the director's rule, order, decision or determination being:
(1) Contrary to constitutional rights or privileges; or
(2) In excess of the statutory authority of the director; or
(3) Affected by other error of law; or
(4) Made or promulgated upon unlawful procedure; or
(5) Unsupported by substantial evidence in view of the entire record as submitted; or
(6) Arbitrary or capricious.
In making the foregoing determinations the court shall review the whole record or such portions thereof as may be cited by any party; and due account shall be taken of the rule of prejudicial error. Substantial evidence shall mean the quantum of evidence similar to that necessary to sustain a jury's finding in an action at law.
L.1948, c. 447, p. 1782, s. 18.
4:1-39. Repeal
All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, hereby repealed.
L.1948, c. 447, p. 1782, s. 19.
4:1-40. Short title
This act shall be known as, and may be cited as, the "Department of Agriculture Act of 1948."
L.1948, c. 447, p. 1782, s. 20.
The appeal shall be conducted by the Appellate Division of the Superior Court, without a jury, in accordance with its rules and shall be confined to the record and any additional testimony which may be taken pursuant to the provisions of section seventeen hereof. The court may affirm the rule, order, decision or determination of the director, or may suspend, reverse, vacate or modify it if the substantial rights of the appellant have been prejudiced as a result of the director's rule, order, decision or determination being:
(1) Contrary to constitutional rights or privileges; or
(2) In excess of the statutory authority of the director; or
(3) Affected by other error of law; or
(4) Made or promulgated upon unlawful procedure; or
(5) Unsupported by substantial evidence in view of the entire record as submitted; or
(6) Arbitrary or capricious.
In making the foregoing determinations the court shall review the whole record or such portions thereof as may be cited by any party; and due account shall be taken of the rule of prejudicial error. Substantial evidence shall mean the quantum of evidence similar to that necessary to sustain a jury's finding in an action at law.
L.1948, c. 447, p. 1782, s. 18.
4:1-39. Repeal
All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, hereby repealed.
L.1948, c. 447, p. 1782, s. 19.
4:1-40. Short title
This act shall be known as, and may be cited as, the "Department of Agriculture Act of 1948."
L.1948, c. 447, p. 1782, s. 20.