N.J. Stat. § 4:1-38

This is the official text of N.J. Stat. § 4:1-38, part of New Jersey’s Stat — part of the compiled statutory law of New Jersey, published by the state as "Stat." Browse the sections below, each linked to its official government source.

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Conduct of appeal; disposition on appeal

Official statutory text

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.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.