N.J. Admin. Code § 6A:3-5.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 6A:3-5.3 - Filing and service of answer to written charges

(a) Except as specified at N.J.A.C. 6A:3-5.1(c)5, an individual against whom tenure charges are certified shall have 15 days from the date such charges are filed with the Commissioner to file a written response to the charges. Except as to time for filing, the answer shall conform to the requirements at N.J.A.C. 6A:3-1.5(a) through (d).

1. Consistent with 6A:3-1.5(g), nothing in this subsection precludes the filing of a motion to dismiss in lieu of an answer to the charges, provided the motion is filed within the time allotted for the filing of an answer. Briefing on the motions shall be in the manner and within the time fixed by the Commissioner, or by the arbitrator if the motion is to be briefed following transmittal to an arbitrator.

(b) Upon written application by the person against whom charges are filed, the Commissioner may extend the time period for the filing of an answer upon a finding of good cause shown consistent with the provisions at N.J.S.A. 18A:6-16. Such application shall be received prior to the expiration of the 15-day answer period, or the 10-day answer period specified at N.J.A.C. 6A:3-5.1(c), and a copy shall be served upon the charging district board of education or the State district superintendent. The district board of education or State district superintendent shall promptly notify the Commissioner of any opposition to the request.

1. A request for extension that is received after the 15-day period allotted for answer to tenure charges, or after the 10-day period allotted at N.J.A.C. 6A:3-5.1(c), will be considered only in the event of demonstrated emergency or other unforeseeable circumstance such that the request could not have been made within the requisite filing period.

(c) If no answer is filed within the requisite time period and no request for extension is made, if the request is denied by the Commissioner, or if the charged employee submits an answer or other responsive filing indicating that the employee does not contest the charges, the charges shall be deemed admitted by the charged employee.

(d) The provisions of this section shall not apply to employees of charter schools, who are governed by the provisions at N.J.A.C. 6A:11-6.

N.J. Admin. Code § 6A:3-5.3

Amended by R.2000 d.137, effective 4/3/2000.
See: 31 N.J.R. 4173(a), 32 N.J.R. 1177(a).
Rewrote the section.
Amended by R.2005 d.109, effective 4/4/2005.
See: 36 N.J.R. 5032(a), 37 N.J.R. 1051(b).
Rewrote the section.
Amended by R.2010 d.072, effective 5/17/2010.
See: 41 N.J.R. 3992(b), 42 N.J.R. 929(b).
In (a)1, deleted the second sentence and inserted ", or by the ALJ if the motion is to be briefed following transmittal to the OAL".
Amended by R.2013 d.120, effective 10/7/2013.
See: 45 N.J.R. 1292(a), 45 N.J.R. 2211(a).
In the introductory paragraph of (a), substituted "Except as specified in N.J.A.C. 6A:3-5.1(c)5, an" for "An"; in (a)1, substituted the third occurrence of "the" for "that such", "arbitrator" for "ALJ", and "an arbitrator" for "the OAL"; in the introductory paragraph of (b), inserted "or the 10-day answer period specified in N.J.A.C. 6A:3-5.1(c),", and substituted "The" for "Such"; rewrote (b)1; and in (c), substituted "If" for "Where" and "if the" for "such", and deleted "where" following "Commissioner, or".

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