N.J. Admin. Code § 6A:4-2.4

Current through Register Vol. 56, No. 12, June 17, 2024

Section 6A:4-2.4 - Notice of appeal

(a) An appeal or cross appeal shall be made by serving a copy of the notice of appeal or cross appeal upon all other parties, providing a copy to the State Board of Examiners or School Ethics Commission, as appropriate, and emailing the appeal to the email address designated by the Office of Controversies and Disputes or mailing the appeal to the Commissioner c/o the Director, Office of Controversies and Disputes, New Jersey State Department of Education, 100 River View Plaza, P.O. Box 500, Trenton, New Jersey 08625-0500, Attention: Appeals.

1. A notice of appeal or notice of cross appeal shall set forth the name of the party taking the appeal and the party's address or that of the party's representative, if represented, and the names of all other parties. A notice of appeal or notice of cross appeal also shall specifically designate the decision appealed from, or such part as appealed from.

2. Each notice of appeal shall be signed by the representative of record representing the party taking the appeal or signed by the party if the party is appearing pro se.

3. Each notice of appeal shall include an appended copy of the decision being appealed, including the initial decision issued by the OAL, if any.

4. Each notice of appeal shall include an appended proof of service on all other parties. The notice of appeal also shall indicate a copy of the notice has been provided to the State Board of Examiners or the School Ethics Commission, as appropriate.

(b) Proof of service shall be in one of the following forms:

1. An acknowledgement of service indicating the date of service and the address at which each party was served and signed by the representative or the representative's designee for each party, or signed and acknowledged by the party;

2. An affidavit of the person making service that indicates the date of service and the address at which each party was served;

3. A certification indicating the date of service and the address at which each party was served and meeting the requirements of New Jersey Court Rules at R. 1:4-4(b); or

4. A copy of the appellant's receipt for certified mailing or delivery by messenger to each party. The return receipt card ("green card") is not required for proof of service by certified mailing.

(c) An appeal or cross appeal shall be considered filed upon receipt of notice of appeal by an appropriate officer of the Department.

N.J. Admin. Code § 6A:4-2.4

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

Amended by 55 N.J.R. 2405(a), effective 12/4/2023