N.J. Admin. Code § 13:101-7.5

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

Section 13:101-7.5 - Disposition of appeal

(a) At the conclusion of the review of an appeal, the Superintendent or his or her designee shall take one of the following actions:

1. Rescind the decision of the Disciplinary Hearing Officer if the review and/or investigation indicates that the evidence fails to demonstrate that any violation was committed, or the Superintendent determines that there was such a failure to adhere to proper procedures at the initial hearing that the juvenile had been irreparably prejudiced and would be unable to present a defense at a rehearing. No further disciplinary action shall be taken. The copies of the infraction and all notations concerning the infraction shall be promptly expunged from the juvenile's records;

2. Rescind the original decision and order a new hearing if the review and/or investigation indicates that procedural safeguards prescribed for juvenile disciplinary hearings were not followed, or if new evidence not available at the original hearing is revealed. If a new hearing is ordered, there shall be no increase in the severity of the sanctions unless new evidence warrants such action;

3. Downgrade the sanctions if the review and/or investigation indicates that the sanction is disproportionate to the offense in accordance with factors enumerated in 13:101-6.16(a);

4. Order a new hearing if the review and/or investigation indicates that the evidence does not support the findings of the Disciplinary Hearing Officer but would support some form of disciplinary action for a lesser offense than that with which the juvenile was charged; or

5. Uphold the decision of the Disciplinary Hearing Officer and make no change in the penalty.

(b) In no event shall there be an increase in severity of sanctions issued by the Disciplinary Hearing Officer solely as a result of the review of the appeal.

N.J. Admin. Code § 13:101-7.5

Amended by R.2008 d.354, effective 12/1/2008.
See: 40 N.J.R. 98(a), 40 N.J.R. 6817(a).
In (a)1, (a)4 and (b), substituted "Disciplinary Hearing Officer" for "Treatment Team" throughout; and in (a)4, substituted "Order" for "order".