Rule 91 Writs of Review

(a) A writ of review may be granted by the court upon the petition of any party to any proceeding before, or aggrieved by, the decision or determination of an officer, board, commission, authority or other tribunal established by statute. Such petition shall be filed with the Appellate Division within the time provided by statute, or if none is provided, then no later than 30 days after the date of the decision or determination to be reviewed.

(b) The petition for writ of review shall include all parties before the respondent officer, board, commission, authority, or tribunal from which petitioner seeks a review. The petition shall recite such decision or determination to be reviewed, designate as a respondent the officer, board, commission, authority, or tribunal appealed from, and set forth the errors alleged to have been committed. The petition shall also be signed by the petitioner, or by his attorney, who shall further attach a certificate affirming that he has examined the process or proceeding and the decision or determination sought to be reviewed, that he believes that the same is, in his professional opinion, erroneous, and that he is not filing the petition for delay.

(c) Before granting the petition the court may require the petitioner to post a surety bond in an amount to be fixed by the court in order to ensure that the petitioner will obey the determination or decision sought to be reviewed and perform his obligations thereunder in case it is affirmed by the court after review.

(d) Summons shall not issue upon the filing of a petition for writ of review. If the court grants the petition, the clerk of court shall issue the writ, along with a copy of the petition, directed to the respondent officer board, commission, authority, or tribunal whose decision or determination is to be reviewed, or to the clerk or other person having custody of his or its records or proceedings. The respondent officer, board, commission, authority, or tribunal shall return the writ to the court within twenty (20) days together with a certified copy of the record of the proceedings to be reviewed by the court. The record of the proceedings shall include the final decision or determination of the respondent officer, board, commission, authority or tribunal, as well as any intermediate orders issued, exhibits or evidence taken, and the transcript of proceedings before the respondent officer, board, commission, authority or tribunal.

(e) The court may, upon application by the petitioner, include in the writ a clause requiring the respondent officer, board, commission, authority or tribunal to desist from further proceedings in the matter under review until the final determination thereof by the court.

(f) Unless otherwise ordered, the petitioner shall serve and file a brief within 20 days after submission of the record of the proceedings, or after a briefing schedule is issued, whichever comes first.

(g) The respondent shall serve and file a responsive brief within 20 days after service of the petitioner’s brief. If a respondent fails to file a brief within the time provided by this Rule, or within the time as extended, the respondent will not be heard at oral argument except by permission of the court.

(g) A petitioner may file a reply brief only if ordered by the court.

(h) Unless otherwise provided by statute, factual determinations are to be reviewed for clear error while legal findings, statements of law, and the application thereof shall be afforded plenary review.