Mercer Council 4, New Jersey Civil Service Ass'n v. Alloway

The Appellate Division, in an opinion reported in 119 N. J. Super. 94, held that an amendment of N. J. A. C. 4:1—3.8 adopted by the Civil Service Commission was an improper exercise of its rule-making power and was invalid. However, it also held that no administrative action theretofore taken pursuant to the amendment, or which might be taken within 45 days from the filing of the Appellate Division opinion, would be deemed invalid. We granted cross-petitions for certification, 61 N. J. 157 (1972), and also granted the Civil Service Commission’s motion for a stay of the Appellate Division…