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Long Island DWI Attorney Jason Bassett Releases Article Discussing DWAI Charges and Legal Implications: Long Island DWI attorney Jason Bassett (https://lnkd.in/dh_y8hsa), of The Law Offices of Jason Bassett, sheds light on the nuances and legal implications of Driving While Ability Impaired (DWAI) charges. As DWI and DWAI charges often carry severe consequences, Jason Bassett … Continue reading → #LawLegal

New Jersey is one of the several states that, similar to Chevron, applies substantial deference to agency actions and interpretations of law. Since Loper Bright is facially limited to federal matters, New Jersey is likely to continue to defer to state agency actions and interpretations in its aftermath.  However, a careful review of state law reveals significant similarities between New Jersey agency deference and Chevron that will likely lead to similar challenges and a newfound ability to push back against state regulatory actions. Under New Jersey law, judicial review of agency actions is limited in scope and depends on the type of action being reviewed. An administrative agency’s final quasi-judicial decision will be sustained unless there is a clear showing that it is arbitrary, capricious or unreasonable. Allstars Auto Group v. New Jersey Motor Vehicle Commissions, 234 N.J. 150, 157 (2018). This is based on a theory of agency competency where a reviewing court “must be mindful of, and deferential to, the agency’s expertise and superior knowledge of a particular field,” and “may not substitute its own judgment for the agency’s, even though the court might have reached a different result.” Id. at 158.  Taken a step further, New Jersey courts also give considerable weight to a state agency’s interpretation of a statute the Legislature has entrusted the agency to administer, and regulations promulgated in furtherance of the statute are presumed to be valid. In re Election Law Enforcement Com’n Advisory Opinion No. 01-2008, 201 N.J. 254, 262 (2010); New Jersey Ass’n of School Adm’rs v. Schundler, 211 N.J. 535, 549 (2012). Courts will defer to an agency’s interpretation of both a statute and implementing regulation, within the sphere of the agency’s authority, unless the interpretation is “plainly unreasonable.” East Bay Drywall v. Department of Labor and Workforce Development, 251 N.J. 477, 493 (2022).  While a court is not bound by an agency’s interpretation that is contrary to the statutory language or undermines the Legislature’s intent, the practice of affording agencies substantial deference in their actions and interpretations has withstood the test of time and is arguably stronger than ever. In a recent pronouncement of the deference afforded to agencies, the New Jersey Supreme Court explained that agency decisions are reviewed under an enhanced deferential standard, which comes from the understanding that a state agency brings experience and specialized knowledge within its field of expertise. Id. This, of course, stands in contrast to the Supreme Court’s focus on specifically-granted delegation of authority under Loper Bright. 

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