New Jersey Administrative Code
Title 6A - EDUCATION
Chapter 3 - CONTROVERSIES AND DISPUTES
Subchapter 1 - GENERAL PROVISIONS
Section 6A:3-1.2 - Definitions
The words and terms used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:
"ALJ" means an administrative law judge assigned by the Director of the Office of Administrative Law to preside over contested cases pursuant to 52:14F-1 et seq.
"Commissioner" means the Commissioner of Education or a designated assistant commissioner to whom the Commissioner has delegated the authority to hear and decide a controversy or dispute pursuant to N.J.S.A. 18A:4-33 and 34.
"Contested case" means an adversarial proceeding in which the legal rights, duties, obligations, privileges, benefits or other legal relations of specific parties are required to be adjudicated by the Commissioner after opportunity for agency hearing pursuant to 18A:6-9, 52:14B-1 et seq. (Administrative Procedure Act) and N.J.A.C. 1:1 (New Jersey Uniform Administrative Procedure Rules).
"Day" means business day when the period specified is less than seven days, and calendar day when the period specified is seven days or more; provided, however, that calculations do not include the day of the action from which they are computed but do include the last day of the period being computed unless such day falls on a Saturday, Sunday or holiday, in which case the last day shall be deemed the next business day immediately following. Filings received after the close of business (4:15 P.M.) shall be deemed filed on the next business day.
"Department" means the New Jersey Department of Education.
"District board of education" means the board of education of a local or regional school district, a county special services school district or a county vocational school district, or the State district superintendent of a school district under full State intervention, the board of directors of an educational services commission or jointure commission, or the board of trustees of a charter school.
"Filing" means receipt of a document, in either paper or electronic form, by an appropriate officer of the Department. Filings may be made by regular or electronic mail, or facsimile. Parties requesting return of a stamped copy of any filing must include an extra copy of the document, together with a self-addressed envelope stamped with sufficient postage for this purpose. Filings received after the close of business (4:15 P.M.) shall be deemed filed on the next business day.
"Indispensable party" means a person(s) without whose inclusion a matter cannot proceed or adequate judgment cannot be entered.
"Interested person(s)" means a person(s) who will be substantially, specifically, and directly affected by the outcome of a controversy before the Commissioner.
"OAL" means the Office of Administrative Law established pursuant to 52:14F-1 et seq.
"Proof of service" means the provision of proof, pursuant to 6A:3-1.3(h), of the delivery of a paper by mail or in person to a party, person or entity to whom or to which papers are required to be transmitted.
"Pro se" means a person who acts on his or her own behalf without an attorney or other nonlawyer representative as permitted by rules of the OAL.
"Representative" means an attorney or other person as permitted by the rules of the OAL appearing on behalf of a party in proceedings governed by this chapter.
"Rules of the OAL" means the New Jersey Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
"State district superintendent" means the superintendent of a school district under State intervention, as appointed or retained pursuant to N.J.S.A. 18A:7A-3et seq.
