N.J. Admin. Code § 6A:3-1.4

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

Section 6A:3-1.4 - Format of petition of appeal

(a) A petition shall include the name, address, telephone number, and, if available, email address of each petitioner; the name, address, telephone number, and, if available, email address of each party respondent; a statement of the specific allegation(s) and essential facts supporting the specific allegation(s) that have given rise to a dispute pursuant to the school laws; the relief petitioner is seeking; and a statement of verification or certification in lieu of affidavit for each petitioner. The petition should also cite, if known to petitioner, the section(s) of the school laws under which the controversy has arisen. A petition should be presented in substantially the following form:

(NAME OF PETITIONER(S)),	: BEFORE THE COMMISSIONER
PETITIONER(S),	: OF EDUCATION OF NEW JERSEY
V.
(NAME OF RESPONDENT(S)),	: PETITION
RESPONDENT(S).	:

Petitioner, _________________, residing at _________________, whose telephone number is __________________, and email address is _________________, hereby requests the Commissioner of Education to consider a controversy that has arisen between petitioner and respondent whose address is _______, pursuant to the authority of the Commissioner to hear and determine controversies pursuant to the school law (N.J.S.A. 18A:6-9), by reason of the following facts:

1. (Here set forth in as many itemized paragraphs as are necessary the specific allegation(s), and the facts supporting them, that constitute the basis of the controversy.)

WHEREFORE, petitioner requests that (here set forth the relief desired).

________________________________________________

Signature of petitioner or representative

Date __________________________________________________

(Name of petitioner), of full age, being duly sworn upon an oath according to law deposes and says:

1. I am the petitioner in the foregoing matter.

2. I have read the petition and aver that the facts contained therein are true to the best of my knowledge and belief.

________________________________________________

Signature of petitioner

(b) A petition submitted by a pro se petitioner that substantially includes the requisite information as set forth in (a) above shall be accepted for filing notwithstanding that the petition does not conform to the prescribed technical format. However, where a petition does not meet minimal standards regarding parties, allegations, or relief sought, the petitioner shall be sent a letter noting the date of the submission's receipt and identifying the deficiencies deemed to constitute substantial noncompliance. The matter will not be filed until the noted deficiencies are corrected.

(c) Any party to a controversy or dispute before the Commissioner who is a party to another action before any other administrative agency, arbitration proceeding, or court involving the same or similar issue of fact or law shall indicate the existence of such action or complaint within the petition of appeal or the answer to the Commissioner, as may be appropriate. Failure to so certify may be deemed to be sufficient cause for dismissal of the petition of appeal when, in the judgment of the Commissioner and/or the ALJ, such failure results in the duplication of administrative procedures for the resolution of a controversy or dispute.

(d) Whenever such duplicate filing is discovered, and after the filing of the answer by the respondent, the case will be transmitted to the OAL for initial determination of which agency, if any, has the predominant interest in the outcome of the case.

N.J. Admin. Code § 6A:3-1.4

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

Amended by 51 N.J.R. 723(a), effective 5/20/2019

Amended by 56 N.J.R. 766(b) effective 5/6/2024