N.J. Admin. Code § 6A:28-3.3

Current through Register Vol. 57, No. 1, January 6, 2025

Section 6A:28-3.3 - Procedures in the event of failure to file disclosure statements

(a) Failure to timely complete and file disclosure statements shall constitute a violation of the Act, and may result in the reprimand, censure, suspension, or removal of a school official.

(b) If a school official fails to timely complete and file the disclosure statements, the Commission may issue an Order to Show Cause pursuant to the provisions at N.J.A.C. 6A:28-1.6.

(c) Unless good cause is shown or the school official previously has been the subject of an Order to Show Cause, the Commission shall recommend that a school official who completes the disclosure statements after the issuance of an Order to Show Cause, but before the Commission issues its decision, receives a censure.

(d) Unless good cause is shown or the school official previously has been the subject of an Order to Show Cause, the Commission shall recommend that a school official who completes and files the disclosure statements after the Commission issues its decision, but before the Commissioner issues a final decision, receives a suspension for 30 days. The Commission will recommend this penalty only if the school official notifies the Commission, in writing, that the school official successfully completed and filed the disclosure statements before the Commissioner issues a final decision. If the school official does not provide such notification, the Commission will recommend a suspension for 60 days.

(e) Unless good cause is shown, the Commission shall recommend that a school official who fails to complete and file the disclosure statements after the Commission issues its decision and has not filed the disclosure statements as of the date the Commissioner issues a final decision, be removed from the school official's position.

(f) After the Commissioner imposes a penalty, the Commission shall adopt a resolution affirming the penalty. The resolution shall be read by the district board of education or the board of trustees at the beginning of its next regularly scheduled public meeting, and memorialized in the minutes of the meeting.

1. Once the minutes are approved, the district board of education or the board of trustees shall forward a copy of the minutes to the Commission.

i. If the minutes are not forwarded to the Commission by the district board of education or the board of trustees, the Commission shall have the authority to seek any penalty and/or remedy authorized by this chapter against an appropriate school official.

2. The district board of education or the board of trustees shall also post the resolution for a period of no less than 30 days in such places where public notices are posted.

3. The resolution shall also be published on the school district's, the charter school's, or the renaissance school project's website, if available, for a period of no less than 30 days.

N.J. Admin. Code § 6A:28-3.3

Amended by R.1999 d.342, effective 10/4/1999.
See: 31 N.J.R. 1662(a), 31 N.J.R. 2917(a).
In ( l), updated references.
Amended by R.2000 d.139, effective 4/3/2000.
See: 31 N.J.R. 4166(a), 32 N.J.R. 1189(a).
Rewrote the section.
Recodified from N.J.A.C. 6A:28-1.5(i) through 6A:28-1.5(k) and amended by R.2004 d.378, effective 10/4/2004.
See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a).
Recodified former (i) as (a) and rewrote the paragraph; recodified former (j) as (b); recodified former (k) as (c), inserted "20-day" preceding "time period" and inserted "of probable cause" following "determination" in the first sentence.
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), inserted "timely" and substituted "may" for "shall"; rewrote (b); and deleted (c).

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