N.J. Admin. Code § 10:97-8.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:97-8.3 - Administrative Reviews and Hearings

(a) The Commission shall afford an opportunity for an Administrative Review to each manager who is dissatisfied with any action arising from the operation or administration of Business Enterprises New Jersey when a written request is submitted within 15 days of the occurrence of the action. The manager has the option of transmitting the grievance through the Committee of Business Enterprise Managers.

(b) The Administrative Review shall be conducted by the Commission as an internal non-contested case not subject to New Jersey Uniform Administrative Procedure Rules (N.J.A.C. 1:1-1 et seq.).

(c) The Commission shall afford an opportunity for an Administrative Hearing, also known as a Full Evidentiary Hearing, to each operator in accordance with the Administrative Procedure Act (N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq.) and the Uniform Administrative Procedure Rules (N.J.A.C. 1:1), subject to any superseding Federal or State law (see 34 CFR 361.48 and 34 CFR 395.13).

(d) If a manager has participated in an Administrative Hearing and is dissatisfied with any action taken or decision rendered as a result of the hearing, he or she may file a complaint with the Secretary, United States Department of Education. Such complaint shall be accompanied by all supporting documents, including a statement of the decision which was rendered and the reasons in support thereof. Filing of the complaint by the manager shall indicate consent for the release of such information for the hearing of an ad hoc arbitration panel (see 34 CFR 395.13) .

N.J. Admin. Code § 10:97-8.3

Amended by 49 N.J.R. 1904(a), effective 7/3/2017