N.J. Admin. Code § 6A:4-2.5

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

Section 6A:4-2.5 - Record on appeal

(a) The record on appeal shall include all papers and exhibits, including audio and video recordings, on file with the State Board of Examiners or School Ethics Commission; all entries as to matters made on the record; any stenographic transcript; and all papers filed with the Commissioner.

1. Upon notice of appeal, the State Board of Examiners or School Ethics Commission shall certify the record and remit it to the Commissioner within 15 days of receipt of the notice of appeal. The record shall be remitted to the Commissioner with a statement of items comprising the record and the statement shall be served on each party to the appeal at the same time.

(b) A party who questions whether the record fully and truly discloses what occurred in the proceedings below shall apply on motion to the State Board of Examiners or the School Ethics Commission to settle the record. The Commissioner, on a party's motion, may review such determination or, at the Commissioner's discretion, may direct correction of the record.

(c) If it appears, at any time during an appeal's pendency, that evidence unadduced in the proceedings before the State Board of Examiners or the School Ethics Commission may be material to the issues on appeal, the Commissioner may order, on a party's motion or at the Commissioner's discretion and on terms the Commissioner deems appropriate, the record on appeal be supplemented by the taking of additional evidence and the making of findings of fact thereon by the State Board of Examiners or School Ethics Commission.

N.J. Admin. Code § 6A:4-2.5

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

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