N.J. Admin. Code § 15:23-4.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 15:23-4.3 - Appeal procedures

(a) If an applicant is denied a certificate by the Registrar's Office, such individual may appeal the decision to the Board of Appeals established under this subchapter.

(b) The candidate is required to file four copies of the appeal in writing to the State Librarian within 60 days of the date of the decision of the Registrar's Office. The appeal shall take the form of a written petition accompanied by a sworn statement attesting to the facts in the petition and shall include evidence that proves that the candidate meets the requirements to be issued a certificate under this chapter.

(c) The State Librarian shall appoint the Board of Appeals within 15 calendar days after receipt of the appeal, and shall provide a copy of the appeal to the Registrar's Office. The Registrar's Office may submit additional information regarding the candidate and the appeal for consideration by the Board of Appeals, and provide a copy to the candidate.

(d) The Board of Appeals shall review the information provided by the candidate, and the Registrar's office. The Board of Appeals shall convene within 30 calendar days after the Board's receipt of the appeal materials, and shall render a written decision. The Chair of the Board of Appeals shall forward a copy of the decision to the candidate, the State Librarian and the Registrar's Office.

(e) If the candidate's appeal is denied by the Board of Appeals, the candidate may send, within 30 calendar days of the date of the decision of the Board of Appeals, a written petition to the State Librarian explaining specific objections to the Board's factual findings or legal conclusions. The State Librarian shall review the appeal materials presented to the Board of Appeals, the Board of Appeal's written decision, and the petition, and shall render a written decision within 30 calendar days. The State Librarian may remand an appeal to the Board of Appeals and request that additional information be submitted by the candidate and/or the Registrar for reconsideration by the Board of Appeals. The decision of the State librarian granting or denying issuance of a certificate to the candidate is deemed final. A candidate may not reapply to the Registrar's Office for certification following a denial on appeal under this section, unless the candidate certifies that the reapplication includes new evidence of completion of the degree requirements for certification.

N.J. Admin. Code § 15:23-4.3