N.J. Admin. Code § 6A:4-1.3
Current through Register Vol. 56, No. 21, November 4, 2024
Section 6A:4-1.3 - Appeal of decisions(a) Final Commissioner decisions, including decisions in controversies and disputes arising under the school laws pursuant to N.J.A.C. 6A:3, shall be deemed final agency actions appealable as of right to the Appellate Division of the Superior Court. Interlocutory Commissioner decisions may be appealed to the Appellate Division of the Superior Court by leave granted pursuant to applicable Appellate Division rules.(b) Appeals of decisions of the State Board of Examiners suspending or revoking certificates pursuant to N.J.A.C. 6A:9B-4shall be made to the Commissioner in accordance with this chapter. 1. Appeals of decisions of the State Board of Examiners denying issuance of a certificate shall proceed as contested cases in accordance with N.J.A.C. 6A:3.(c) Appeals of School Ethics Commission decisions finding that a school official has violated the School Ethics Act (Act), including the Code of Ethics for School Board Members, shall be made to the Commissioner in accordance with this chapter. If the official found to have violated the Act is an officer or employee of the New Jersey School Boards Association, the School Ethics Commission decision as to both violation and sanction shall be deemed final agency action appealable to the Appellate Division of the Superior Court. 1. School Ethics Commission decisions finding that probable cause does not exist to credit the allegations in a complaint, or dismissing a complaint, shall be deemed final agency actions appealable to the Appellate Division of the Superior Court pursuant to N.J.S.A. 18A:12-29.b and N.J.A.C. 6A:28-10.1.2. If the School Ethics Commission's underlying finding of violation is appealed, the matter shall proceed in accordance with 6A:4-2.2(b).3. If the School Ethics Commission's underlying finding of violation is not appealed, a sanction recommended by the School Ethics Commission for a school official other than an officer or employee of the New Jersey School Boards Association shall be reviewed by the Commissioner in accordance with N.J.A.C. 6A:28-9.11 and 6A:3-9.1.(d) Interlocutory orders, decisions, or actions of the State Board of Examiners or the School Ethics Commission may be appealed to the Commissioner by leave granted pursuant to 6A:4-3.4.(e) Requests for relief arising from decisions of the State Board of Education rendered prior to the effective date of P.L. 2008, c. 36shall be made to the Commissioner by motion in accordance with the provisions of 6A:4-3.1.N.J. Admin. Code § 6A:4-1.3
Amended by 48 N.J.R. 2782(a), effective 12/19/2016Amended by 55 N.J.R. 2405(a), effective 12/4/2023