N.J. Admin. Code § 6A:28-6.6

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

Section 6A:28-6.6 - Complaint processing, consolidating, and confidentiality

(a) The Commission shall assign a file number upon receipt of a complaint.

(b) The Commission may consolidate a complaint with a related matter, when appropriate. In determining whether to consolidate complaints, the Commission shall consider:

1. The identity of the parties in each of the matters;

2. The nature of all the questions of fact and law respectively involved.

i. To the extent that common questions of fact and law are involved, the savings in time, expense, duplication, and inconsistency that will be realized from considering the matters together and whether such issues can be thoroughly, competently, and fully reviewed together;

ii. To the extent that dissimilar questions of fact or law are present, the danger of confusion, delay, or undue prejudice to any party;

3. The advisability generally of disposing of all aspects of the controversy in a single proceeding; and

4. Other matters appropriate to a prompt and fair resolutions of the issues.

(c) Where the Commission consolidates complaints, it may designate one lead complainant as the representative of all complaints for purposes of initial correspondence, receipt of service for answer(s) and/or motions and all other communications.

(d) For any complaint filed jointly by three or more complainants, the complainants shall designate, in a letter signed by all complainants, one lead complainant as a representative of the group for purposes of initial correspondence, receipt of service for answer(s) and/or motions, and all other communications. Where such a complaint does not designate a lead complainant, one shall be assigned by the Commission.

(e) Unless a matter is in abeyance pursuant to N.J.A.C. 6A:28-1.5, the Commission shall serve a copy of the complaint on the respondent(s) named in the complaint. Service of process may be effectuated by the Commission by any of the methods permitted at N.J.A.C. 6A:28-1.7.

(f) During the course of any staff work and/or Commission deliberation with regard to the complaint, the complaint shall be identified only by file number for purposes of public access and not by the name(s) of the complainant(s) and the respondent(s) involved.

(g) The Commission shall hold all information confidential regarding any pending matter until the Commission finds that a school official has violated the Act, or until the matter is settled, withdrawn, or dismissed, provided that:

1. Information that indicates the possible violation of any criminal law shall be provided to the Attorney General in compliance with N.J.S.A. 18A:12-28.d;

2. Information about complaints may be shared as necessary for the Commission to meet its statutory obligation to place matters in abeyance pursuant to 18A:12-32 and 6A:28-1.5;

3. The full caption of a complaint may be included in a subpoena issued pursuant to N.J.A.C. 6A:28-8.1;

4. Information about complaints may be shared as necessary where complaints are consolidated pursuant to (b) and (c) above; and

5. Information regarding the status of a pending complaint may be provided to the executive county superintendent.

N.J. Admin. Code § 6A:28-6.6

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