P&CNJhard
After the DOBI Commissioner issues a final agency decision following an OAL hearing, where does an aggrieved licensee seek judicial review, and what is the standard of review applied to factual findings?
ANJ Supreme Court directly, applying de novo review of all factual findings without any deference to the agency
Appellate Division of Superior Court, reviewing factual findings under the substantial-credible-evidence standard
CU.S. District Court for the District of NJ, applying federal arbitrary-and-capricious review to the state agency decision
DNJ Tax Court, applying de novo review on the entire record as if the matter were a new trial
Why this is the answer
Under the APA and Court Rule 2:2-3(a)(2), final agency decisions of the Commissioner are appealable as of right to the Appellate Division. The court defers to agency factual findings if supported by sufficient credible evidence in the record as a whole.
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