N.J. Admin. Code § 6A:3-1.13
Current through Register Vol. 56, No. 23, December 2, 2024
Section 6A:3-1.13 - Settlement or withdrawal of contested matter(a) Prior to transmittal to the OAL, a petitioner may withdraw a petition at any time. Upon such withdrawal, the Commissioner shall discontinue all proceedings and notify all parties accordingly. Following transmittal to OAL, a petitioner may request withdrawal in accordance with applicable rules of the OAL.(b) Prior to transmittal to the OAL, parties to a contested matter may notify the Commissioner of settlement at any time. 1. If settlement occurs prior to the filing of an answer, the matter shall be deemed withdrawn pursuant to (a) above.2. If settlement occurs subsequent to the filing of an answer, the parties shall set forth the full settlement terms for review and approval by the Commissioner.(c) Following transmittal of a matter to the OAL, parties shall effectuate settlement in accordance with applicable rules of the OAL.(d) Where a district board of education is a party to a contested matter, any proposed settlement, whether submitted to the Commissioner or to the OAL, shall indicate, by signature of the district board of education attorney or inclusion of the district board of education's resolution authorizing settlement, that the district board of education has consented to the terms of the settlement.(e) A proposed settlement, whether submitted to the Commissioner or to the OAL, shall not include terms restricting access to records or information deemed public by law, nor shall it include terms requiring disclosure of information protected from such disclosure by law.(f) The provisions of this section shall not apply to settlement and withdrawal of tenure matters, which are governed by 6A:3-5.6.N.J. Admin. Code § 6A:3-1.13
Amended by 49 N.J.R. 2516(b), effective 8/7/2017Amended by 56 N.J.R. 766(b) effective 5/6/2024