In Re the Revocation or the Suspension of the Provisional Accreditation of &/Or the Imposition of Probation on Eastwick College

In this appeal, the Court interprets N.J.A.C. 13:37 — 1.3(c), a regulation promulgated by the State Board of Nursing (Board) to govern the accreditation of new nursing programs. Pursuant to the regulation, a provisionally accredited nursing program must be denied full accreditation unless “[s]eventy-five percent of [the program’s] students from the first or second graduating class,” who take the licensing examination for registered nurses, “pass the examination the first time it is taken by the student.” N.J.A.C. 13:37-1.3(c)(2). A new nursing program that fails to meet that benchmark is…