Matturri v. Board of Trustees of the Judicial Retirement System

I disagree with the Court’s holding that although the State House Commission took no “action in respect of the ALJ’s Initial Decision until the forty-five day period” mandated by N.J.S.A. 52:14B-10c had expired, the decision should not be deemed adopted pursuant to that statutory provision. Ante at 380, 802 A.2d at 503. There is neither statutory nor decisional law to support that holding. The statute contains no exception to its forty-five day requirement. King v. New Jersey Racing Commission, relied on by the Court, provides that the ALJ’s decision should be deemed approved where the agency…