Search Rutgers Law Library N.J. Court Opinions

1 IN THE MATTER OF COMMISSION PROCEEDING ON REVOCATION OF LICENSE OF PASQUALE PONTORIERO -- rank: 1000

... inimical to the policies' of the Waterfront Act, contrary to N.J.S.A. 32:23-93(6) to -(7) ('the underlying statute'), and for lack of ... In particular, the ALJ relied upon a 2007 amendment to N.J.S.A. 32:23-93(6) that removed the requirement that 'the licensee or registrant ... the ALJ and the Commission improperly interpreted the underlying statute. N.J.S.A. 32:23-93 provides that the Commission may revoke or suspend a license ... agent] would be inimical to the policies of this act.' N.J.S.A. 32:23-93(6) to -(7). 4 Consider, for example, a hiring agent ... strict liability interpretation is consistent with the legislative history of N.J.S.A. 32:23-93. Prior to 2007, the statute prohibited: Association with a person ... requirement of actual or constructive knowledge. We briefly note that N.J.S.A. 32:23-93(7) departs from N.J.S.A. 32:23- ...

docket:	a1006-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-07
status:	published
citation:	439 N.J.Super. 24 106 A.3d 532
Document Size:	54203

2 IN RE PROCEEDINGS BEFORE THE WATERFRONT COMMISSION OF NEW YORK HARBOR -- rank: 841

... appeal, we briefly summarize his legal analyses. The ALJ noted N.J.S.A. 32:23-93(5-i) provides that the Commission may revoke a registration ... 233, and determined the definition of "inimical" as used in N.J.S.A. 32:23-93(5-i)(6) and (7) meant "adverse to the public ... The ALJ further held that subsections (6) and (7) of N.J.S.A. 32:23-93(5-i) "provide for strict liability," although he found as ... and "inimical," and erroneously applied a strict liability standard to N.J.S.A. 32:23-93(5-i)(6) and (7); (2) there was no evidence ... to prove a violation of subsection (6) or (7) of N.J.S.A. 32:23-93(5-i), the Commission is not required to show a ... The precise definition of "inimical" that we found applicable to N.J.S.A. 32:23-93(5-i)(6) and (7) is: "adverse to the ...

docket:	a5495-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-07-21
status:	Published
citation:
Document Size:	25650