N.J. Admin. Code § 5:30-14.11

Current through Register Vol. 56, No. 11, June 3, 2024

Section 5:30-14.11 - Appeals

(a) Appeals filed pursuant to 40A:14-188(f) shall be investigated by the sponsoring agency.

(b) Appeals shall be mailed to the municipal clerk, in the case of municipal sponsors, or to the secretary of the Board of Fire Commissioners, in the case of fire district sponsors.

(c) Appeals must be received by the sponsoring agency within 30 days of the posting date of the certification list, or within 30 days of the date of denial of past service credit, as determined pursuant to the certification list required at 5:30-14.10(a).

(d) In conducting its investigation, the sponsoring agency shall give due consideration to evidence submitted by the active volunteer member in support of the appeal, and evidence submitted by the emergency service organization in support of its decision. All such evidence shall be in the form of records or other written materials which clearly substantiate the reasons for filing an appeal by the active volunteer member, and the reasons for denying certification or credit for prior service, as determined by the emergency service organization.

(e) Upon receiving an appeal, and prior to conducting its own investigation, the sponsoring agency may, at its discretion, and within 10 days, refer the matter back to the emergency service organization in an effort to settle the dispute internally.

(f) If the appeal and all written documentation is referred back to the emergency service organization, and the emergency service organization fails to settle or take action on the issue within 30 days, the sponsoring agency shall then investigate the appeal, as set forth in section (d) above.

(g) If an appeal is not referred back to the emergency service organization, or within 30 days of receiving an unresolved appeal from the emergency service organization, the sponsoring agency shall conduct its own investigation, as set forth in (d) above, and shall submit a non-binding recommendation to the emergency service organization with respect to the matter. The emergency service organization shall either accept, modify or deny the sponsoring agency's recommendation, and thereby, decide the matter.

(h) The final decision by the emergency service organization shall be subject to appropriate judicial review.

N.J. Admin. Code § 5:30-14.11