SUPERIOR COURT OF NEW JERSEY

 APPELLATE DIVISION

 DOCKET NO. A-3668-20

IN THE MATTER TO REVOKE,

CANCEL, OR SUSPEND THE

PERMANENT REGISTRATION 

OF ROBERT WARD BECKER

(A-17729)

____________________________

Submitted June 2, 2022 – Decided June 20, 2022

Before Judges Mawla and Mitterhoff.

On appeal from the Waterfront Commission of New 

York Harbor, RL-5381.

George T. Daggett attorney for appellant Robert Ward 

Becker.

Waterfront Commission of New York Harbor,

attorneys for respondent Waterfront Commission of 

New York Harbor (Phoebe S. Sorial, on the brief).

PER CURIAM 

Appellant Robert Ward Becker appeals from a July 26, 2021 order of the 

Waterfront Commission of New York Harbor (Commission) denying his 

petition to reconsider the Commission's July 12, 2021 decision to revoke his 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the 

internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
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registration to work as a maintenance man in the port of New York-New Jersey. 

We affirm.

We discern the following facts from the record. On December 11, 2019, 

the Commission charged Becker with eight separate offenses, including:

engaging in a price-tag-switching scheme at the Target in Riverdale on four 

separate occasions in November 2016; operating a motor vehicle while under 

the influence of Alprazolam (Xanax) on February 20, 2017; abusing his Xanax 

prescription on a regular basis between September 11, 2016 and February 20, 

2017; and violating section 1.11 of the Rules and Regulations of the Waterfront 

Commission by failing to notify the Commission within twenty days of his 

November 27, 2016 arrest for shoplifting at Target and failing to notify the 

Commission within twenty days of his February 21, 2017 arrest for assault by 

automobile, driving while intoxicated, and reckless driving. These charges 

stemmed from two prior Article IV interviews. See generally N.J.S.A. 32:23-

10. 

On April 27, 2021, the Administrative Law Judge (ALJ) held a virtual 

hearing. The Commission called Ryan Nordlander who worked for the Target 

security department in Riverdale from 2014 until 2017. Nordlander testified 

about his investigation into Becker's price-tag-swapping scheme as part of his 
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duties to prevent and investigate thefts. Becker would use a razor blade to take 

bar codes from inexpensive items, place them on more expensive items, and then 

proceed to the self-checkout counter with the intention of paying the lower price 

point for the items. 

Becker also testified at the hearing. He testified about how the death of 

his friend on September 11, 2016, caused him to fall into a deep depression and 

led to his substance abuse. Becker also testified that his depression and 

substance abuse caused financial and marital problems, which in turn led to his 

two arrests. He stated the charges from the arrests were eventually dismissed. 

He also explained that after the car accident on February 20, 2017, he turned his 

life around and resolved his marital and financial issues. Becker did not contest 

the Commission's charges and admitted to committing the offenses. 

On cross-examination, Becker admitted to lying to the Commission about 

the prior Target instances and his Xanax abuse during his Article IV interviews,

despite having promised to tell the truth and being in a "better place." He 

explained that he lied because he "was humiliated." 

On June 10, 2021, the ALJ filed his report and recommendation to the 

Commission. After summarizing the charges, the evidence produced at the 

administrative hearing, and the relevant law, the ALJ found that the Commission 
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had established all the charges alleged against Becker by a clear preponderance 

of the evidence. Moving to his recommendation, the ALJ first commended 

Becker for turning around his life. The ALJ was sympathetic to the tragedy 

Becker suffered and believed Becker deserved compassion, especially since he 

had no other history of misconduct or disciplinary actions at the Waterfront. 

The ALJ noted "[a]s a person who believes in redemption and second chances, 

I would not have suspended or revoked [Becker's] inclusion in the 

Longshoreman's Register." 

Although the ALJ wrote positively about Becker, he continued by saying, 

"[t]he matter could have ended there. But it does not. During his Article IV 

interviews, when [Becker] was undeniably in a 'better place,' he consciously 

chose to lie to the Commission about his past difficulties." The ALJ then stated: 

The foregoing litany of [Becker's] lies, evasion, and 

inconsistencies demonstrates that [Becker] lacks the 

integrity and honesty that is vital to the fundamental 

operations of the Waterfront, and thus threatens its 

public peace and safety. While [Becker] should be 

given a second chance for the missteps taken as a result 

of his best friend's death, he cannot be excused for not 

telling the complete truth of what transpired. Equally 

significant, he testified both at the Article IV interviews 

and at the hearing that he understood the importance of 

telling the truth. A person loses the right to redemption 

and second chance by failing to be honest. Indeed, 

[Becker's] perpetual lack of honesty under oath further 

undermines his story of grief and substance abuse to the 
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point where [Becker's] sincerity and credibility must be 

questioned. As the legal adage goes, "He who seeks 

equity must come with clean hands."

Based on his findings, the ALJ recommended that Becker's inclusion in the 

Longshoreman's Register be permanently revoked. 

On July 12, 2021, the Commission determined that Becker committed the 

eight offenses he was charged with. Accordingly, the Commission revoked 

Becker's permanent registration as a maintenance man, effective immediately. 

On July 19, 2021, Becker filed a petition for reconsideration with the 

Commission, arguing its decision was contradictory to the ALJ's 

recommendation. On July 26, 2021, the Commission denied Becker's petition 

for reconsideration. This appeal followed.

On appeal, Becker presents the following argument: 

POINT I

THE COMMISSION'S ACTIONS ARE 

INCONSISTENT WITH N.J.S.A. 52:14(B)-10(C).

Our scope of review of an administrative agency's final determination is 

limited. In re Herrmann, 192 N.J. 19, 27 (2007). The Commission has 

substantial prerogatives and expertise in assuring the integrity and public safety 

at our piers and in the harbor itself. See Knoble v. Waterfront Comm'n of N.Y. 

Harbor, 67 N.J. 427, 430-31 (1975); In re Kaiser, 94 N.J. Super. 95, 99 (App. 
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Div. 1967). More generally, in the review of licensure and penalty actions by 

administrative agencies, we accord substantial deference to, and do not 

ordinarily second-guess, the agency's decision, unless it is "arbitrary, capricious, 

or unreasonable[,] or it is not supported by substantial credible evidence in the 

record as a whole." Henry v. Rahway State Prison, 81 N.J. 571, 579-80 (1980). 

When presented on appeal with a claim that the sanction imposed is excessive, 

the court must uphold the sanction unless it is "so disproportionate to the 

offense, in the light of all the circumstances, as to be shocking to one's sense of 

fairness." Herrmann, 192 N.J. at 28-29 (quoting In re Polk, 90 N.J. 550, 578 

(1982)). The court "can interpose its views only where it is satisfied that the 

agency has mistakenly exercised its discretion or misperceived its own statutory 

authority." Polk, 90 N.J. at 578.

Guided by these principles, we reject Becker's argument, as it has no 

merit. Becker's claim that the ALJ dismissed the eight charges against him and 

ultimately found that Becker's registration should not be revoked is based on an 

incorrect reading of the ALJ's report. Despite writing positively about Becker, 

the ALJ unequivocally found that the Commission established by a clear 

preponderance of the evidence all the charges alleged against Becker and 

recommended Becker's registration be revoked because his behavior threatened 
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the Waterfront's public peace and safety. The Commission did not ignore the 

ALJ's findings, but rather abided by his report in its determination that Becker 

committed the eight offenses and in its decision to permanently revoke Becker's 

registration. The Commission's decision was not arbitrary, capricious, or 

unreasonable and was not so disproportionate that it shocks the conscience or 

one's sense of fairness, especially since during the administrative hearing Becker 

did not contest the charges and admitted to lying during his Article IV 

interviews. We discern no basis to disturb the Commission's decision.

Affirmed.