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Sunday, July 23, 2017

IN THE MATTER OF WILLIAM R. HENDRICKSON, JR., DEPARTMENT OF COMMUNITY AFFAIRS A-3675-15T1


IN THE MATTER OF WILLIAM R. HENDRICKSON, JR., DEPARTMENT OF COMMUNITY AFFAIRS
A-3675-15T1
If an agency fails to timely act on an administrative law judge's initial decision, by statute it is "deemed adopted," and becomes final. See N.J.S.A. 52:14B-10(c). The court holds that when the lack of a quorum attributable to vacancies caused the agency inaction, the deferential agency standard of review will not be employed. Instead, the court will review the decision using the standard for decisions rendered in bench trials.