N.J. Admin. Code § 19:32A-3.1

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

Section 19:32A-3.1 - Appeals

(a) School districts may appeal decisions or determinations of the Authority under this chapter, and such appeals shall be requested in writing, and an opportunity given for an informal hearing on the papers, in person, or by telephone with Authority staff. Such written request for an informal hearing must be made within 30 days of the receipt of the Authority's decision.

(b) In the event of an adverse decision after an informal hearing under (a) above, or if a school district determines not to seek an informal hearing, and providing further, that the dispute or controversy is a contested case, as defined at N.J.S.A. 52:14B-2(b), a district may request, within 45 days of the written decision resulting from the informal hearing or the determination of the Authority if an informal hearing is not sought, a formal hearing.

(c) Upon filing of the initial pleading in a contested case, the Board of the Authority may, by resolution, either retain the matter for a hearing directly or transmit the matter for a hearing before the Office of Administrative Law. Such hearings shall be governed by the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(d) Every determination of a dispute or controversy arising from this chapter by the Authority, constituting final agency action by the Board, shall be embodied in a written decision, which shall set forth findings of fact and conclusions of law pursuant to the applicable rules of the Office of Administrative Law.

N.J. Admin. Code § 19:32A-3.1

Adopted by 53 N.J.R. 1018(a), effective 5/5/2021