N.J. Admin. Code § 6A:28-9.8

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

Section 6A:28-9.8 - Processing of complaints after a finding of probable cause

(a) If the Commission finds probable cause for the allegations in a complaint, it shall provide the parties with written notice of its findings. The written notice from the Commission shall also indicate:

1. How the matter will be processed, including whether the Commission will:

i. Subject to receiving the parties' written consent, retain the matter for a hearing. However, the Commission shall not be required to secure the parties' written consent in those matters involving only alleged violations of the Code of Ethics for School Board Members;

ii. If the material facts are not in dispute, determine a violation(s) on a summary basis; or

iii. If the material facts are in dispute and not admitted, transmit the matter to the OAL for a hearing.

2. If a matter is transmitted to the OAL, and the Commission found probable cause to credit at least one violation of N.J.S.A. 18A:12-24, the complainant shall no longer be a party. The attorney for the Commission shall litigate the allegations in the complaint for which the Commission found probable cause to credit.

3. If a matter is transmitted to the OAL, and the Commission did not find probable cause to credit at least one violation of N.J.S.A. 18A:12-24, but did find probable cause to credit violations of N.J.S.A. 18A:12-24.1 only, the complainant, or an attorney of the complainant's choosing, shall litigate the allegations in the complaint for which the Commission found probable cause to credit. The complainant shall also be advised that the allegations must be proven, in accordance with N.J.A.C. 6A:28-6.4.

(b) When the Commission retains a complaint for a hearing, the hearing shall be conducted in accordance with the rules of the OAL, N.J.A.C. 1:1.

1. Parties shall supply their adversary(ies) and the Commission with any pre-hearing documentary submissions at least 10 calendar days prior to the hearing, or as otherwise agreed to by the Commission and the parties.

2. Parties shall supply their adversary(ies) and the Commission with any post-hearing documentary submissions within 14 calendar days of the hearing, or as otherwise agreed to by the Commission and the parties.

3. Parties shall supply their adversary(ies) and the Commission with sufficient copies of exhibits that are marked for identification to be entered into evidence.

4. The Commission will entertain a motion to dismiss from the respondent upon the conclusion of the complainant's case.

(c) When the Commission determines to review a complaint on a summary basis, the respondent shall have 20 days to submit a statement setting forth the reason(s) the respondent should not be found in violation of the Act. The statement shall be limited to the allegation(s) for which the Commission has found probable cause. After expiration of the time for submission of the respondent's statement, the Commission may make a determination of a violation on a summary basis.

(d) When a matter is transmitted to the OAL for a hearing, in accordance with N.J.S.A. 18A:12-29.a, the hearing shall be conducted pursuant to the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. The hearing shall be limited to the allegation(s) in the complaint for which the Commission found probable cause.

1. When the OAL returns a matter to the Commission for disposition following a respondent's failure to appear, the respondent may provide to the Commission, within 13 days of receiving notice that the matter has been returned to the Commission, a written explanation regarding the failure to appear. If the Commission does not receive a written explanation, or determines that the written explanation is unsatisfactory, the allegation(s) in the complaint shall be deemed admitted and the Commission may proceed to a determination of a violation(s) on a summary basis.

N.J. Admin. Code § 6A:28-9.8

Recodified from 6A:28-10.8 by 55 N.J.R. 359(b), effective 3/6/2023