N.J.S.A. 4:1-38 — Conduct of appeal; disposition on appeal

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.

This is the verbatim text of N.J.S.A. 4:1-38, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.