N.J. Admin. Code § 6A:28-1.3

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

Section 6A:28-1.3 - Functions and authority of the Commission

(a) Pursuant to the provisions of the Act, the Commission shall:

1. Prescribe disclosure statements, in accordance with N.J.S.A. 18A:12-25 and 18A:12-26, to be filed by all school officials on or before April 30 of each year, or at such other times as this chapter may require;

2. Appoint professional and clerical staff and incur expenses as may be necessary to carry out the provisions of the Act within the limits of funds appropriated or otherwise made available to the Commission. All appointments shall be made in accordance with the provisions of Title 11A of the New Jersey Statutes;

3. Issue advisory opinions, pursuant to 18A:12-31;

4. Process and investigate complaints raised pursuant to N.J.S.A. 18A:12-29 and conduct hearings, as may be necessary;

5. Administer the receipt and retention of disclosure statements as required by the Act;

6. Have the authority to issue Orders to Show Cause, and compel the attendance of witnesses and the production of documents as the Commission deems necessary and relevant to carrying out its duties pursuant to the Act;

7. Have the authority to issue and enforce an Order to Show Cause for failure to file required disclosure statements, and failure to complete required ethics training;

8. Be empowered, along with the persons appointed by the Commission, to administer oaths and examine witnesses under oath;

9. Have the authority, by resolution adopted by the Commission, to designate an authorized individual, on behalf of the Commission, to do the following:

i. Issue an Order to Show Cause for the failure of a school official to file disclosure statements as required at N.J.S.A. 18A:12-25 and 18A:12-26;

ii. Issue an Order to Show Cause for the failure of a board member or trustee to fulfill the training requirements at N.J.S.A. 18A:12-33, in accordance with N.J.A.C. 6A:28-1.6(a)1 and 2;

iii. Issue an Order to Show Cause for a violation(s) of the Act that, in the discretion of the Commission, requires immediate review and adjudication;

iv. Deny a request for an advisory opinion, in accordance with N.J.A.C. 6A:28-5.2(c)3;

v. Consolidate complaints, designate lead complainants, and/or share information about a complaint as permitted at N.J.A.C. 6A:28-6.6;

vi. Direct that a complaint be amended in order to comply with requirements as set forth at N.J.A.C. 6A:28-6.3 and deny permission for an amendment where an Answer has already been filed;

vii. Issue a subpoena on behalf of the Commission to compel the attendance of a person to testify or to produce documents, as deemed necessary to a matter pending before the Commission, in accordance with N.J.A.C. 6A:28-8.1(a);

viii. Grant or deny requests for extensions to file submissions, as set forth at N.J.A.C. 6A:28-7.4 and 9.7;

ix. Administratively dismiss a complaint, in accordance with N.J.A.C. 6A:28-9.2;

x. Adjourn a hearing, in accordance with N.J.A.C. 6A:28-9.9;

xi. Perform other managerial or administrative functions not specified in the resolution; and

xii. Provide the Commission with a summary of the actions taken pursuant to this section on a monthly basis; and

10. Recommend to the Commissioner the reprimand, censure, suspension, or removal of a school official found to have violated the Act.

N.J. Admin. Code § 6A:28-1.3

Amended by R.2000 d.139, effective 4/3/2000.
See: 31 N.J.R. 4166(a), 32 N.J.R. 1189(a).
Rewrote (a)4.
Amended by R.2004 d.378, effective 10/4/2004.
See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a).
Rewrote the section.
Amended by R.2009 d.163, effective 5/18/2009.
See: 41 N.J.R. 26(a), 41 N.J.R. 699(a), 41 N.J.R. 2095(a).
In (a)4; deleted "to determine whether probable cause exists to credit the allegations raised in any complaint brought before it" from the end; in (a)5, deleted the last sentence; and in (a)6, inserted "to issue Orders to Show Cause, and".

Amended by 55 N.J.R. 359(b), effective 3/6/2023