(a) Applicability of Rule. This rule is applicable to (1) all actions by a state administrative agency as defined by N.J.S.A. 52:14B-2(a) brought to enforce a written order or determination entered by it, whether final or interlocutory, and whether the order to be enforced requires the payment of money or imposes a non-monetary requirement or includes a combination of monetary and non-monetary remedies; and (2) all such enforcement actions brought by a party to the administrative proceeding in whose favor a written order or determination was entered affording that party specific relief.
(b) Form of Action; Where Brought; Notice.
(1) Final Orders. Actions pursuant to paragraph (a) of this rule shall be brought in accordance with R. 4:67 unless an applicable statute requires a plenary action in a specific matter. If the order sought to be enforced requires only the payment of money, it may be brought in the Superior Court, Law Division, or in any other court having statutory jurisdiction over the specific matter. If the order sought to be enforced provides in full or in part for a non-monetary remedy, the action shall be brought in a trial division of the Superior Court subject to motion pursuant to R. 4:3-1(b) for transfer to the other trial division.
(2) Interlocutory Orders. An interlocutory order of an administrative agency to which R. 1:9-6 applies shall be enforced pursuant to the provisions of that rule in either trial division of the Superior Court. All other interlocutory orders shall be enforced as provided by subparagraph (b)(1) hereof.
(3) Notice to Agency; Intervention. Unless the action is brought by an agency seeking to enforce its own judgment or order, the plaintiff shall serve a copy of the complaint and order to show cause on the agency whose judgment or order is the subject of the action. The agency shall be permitted to intervene in the action on application made on or prior to the return date of theorder to show cause.
(c) Review of Agency Orders; Stay of Enforcement.
(1) Generally. Except as otherwise provided by subparagraph (c)(2) hereof, if a party appeals pursuant to R. 2:2-3(a)(2) from a final agency order or, pursuant to R. 2:2-4, seeks leave to appeal from an interlocutory agency order, an enforcement action may be stayed, before or after its commencement, only by the Appellate Division, which shall enter such order respecting a stay, conditions thereof, the order of proceedings, or otherwise as it deems appropriate.
(2) Enforcement Pursuant to R. 1:9-6. If enforcement of an order is sought pursuant to R. 1:9-6 and no proceeding is pending in the Appellate Division to review or seeking to review its validity, such review shall be had in the trial court by way of defense to enforcement. If there is already pending a review proceeding in the Appellate Division when the enforcement proceeding is instituted, the Appellate Division, on motion, may enter an order transferring the review proceeding to the trial court for consolidation with the enforcement proceeding or may enter any such order respecting the order of proceedings as it deems appropriate.
(3) Nature of Proceedings. Except as otherwise provided by subparagraph (c)(2) of this rule the validity of an agency order shall not be justiciable in an enforcement proceeding.
