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In re Adoption of N.J.A.C. 12:17-9.6 by the State of New Jersey Department of Labor

08-01-07 A-4026-05T3

This appeal challenges the facial validity of N.J.A.C.
12:17-9.6, a regulation promulgated by the Department of Labor
and Workforce Development, which provides that employees who
leave their employment to participate in "a written voluntary
layoff and/or early retirement incentive policy or program . . .
so that another employee may continue to work" are qualified to
receive unemployment compensation benefits. We hold the
regulation is invalid as a matter of law as it contravenes the
legislative policies underlying the Unemployment Compensation
Act, N.J.S.A. 43:21-1 to -71, and is inconsistent with the
Supreme Court's interpretation of N.J.S.A. 43:21-5(a) in Brady
v. Board of Review, 152 N.J. 197 (1997).