N.J. Admin. Code § 6A:28-1.6

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

Section 6A:28-1.6 - Order to Show Cause

(a) If, in the course of implementing and enforcing the Act, the Commission becomes aware of facts that appear to indicate that a school official has violated the Act or this chapter, the Commission may issue an Order to Show Cause as to why the school official should not be found in violation of the Act or this chapter, and provide the school official an opportunity to respond. A statement of the factual details and findings, if applicable, supporting the charge shall accompany the order. This procedure shall not preclude the filing of a complaint. An Order to Show Cause shall be appropriate in, but not limited to, the following circumstances:

1. Failure of a school official to file disclosure statements as required at N.J.S.A. 18A:12-25 and 26;

2. Failure of a board member or a trustee to fulfill the training requirements at N.J.S.A. 18A:12-33; or

3. When the Commission, on its own initiative, has determined that a complaint is frivolous.

(b) Where an Order to Show Cause is issued, the school official shall have 20 days to submit a response, in writing, under oath as to why the school official should not be found in violation of the Act or this chapter.

(c) Upon receipt of the response to the Order to Show Cause or upon expiration of the 20-day time period for filing, the Commission may proceed to a determination of a violation on a summary basis.

1. The Commission may conduct an investigation and/or hearing when the Commission deems it necessary because material facts are in dispute, and a review on a summary basis is not appropriate.

N.J. Admin. Code § 6A:28-1.6

Recodified in part to N.J.A.C. 6A:28-4.1 and 6A:28-4.2 by R.2004 d.378, effective 10/4/2004.
See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a).
Section was "Board member training".
New Rule, 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).
Section was "Reserved".

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