In re Hearn, 417 N.J. Super. 289 (App. Div. 2010). In this published opinion by Judge Ashrafi, the Appellate Division recognized that it gives deference to an agency’s view of its own regulations. Despite that, the court held that the Merit System Board erred in denying the plaintiff his attorneys’ fees after he successfully appealed his demotion as a state employee. This case could be cited profitably by appellants attacking agency decisions that are purely rulings of law.
Sometimes an Agency is Wrong
