New Jersey Administrative Code
Title 6A - EDUCATION
Chapter 3 - CONTROVERSIES AND DISPUTES
Subchapter 1 - GENERAL PROVISIONS
Section 6A:3-1.4 - Format of petition of appeal

Universal Citation: NJ Admin Code 6A:3-1.4

Current through Register Vol. 56, No. 6, March 18, 2024

(a) A petition shall include the name, address, telephone number, and, if available, fax number and e-mail address of each petitioner; the name, address, telephone number, and, if available, fax number and e-mail address of each party respondent; a statement of the specific allegation(s) and essential facts supporting them that have given rise to a dispute under the school laws; the relief petitioner is seeking; and a statement of verification or certification in lieu of affidavit for each petitioner. The petition should also cite, if known to petitioner, the section or sections of the school laws under which the controversy has arisen. A petition should be presented in substantially the following form:

(NAME OF PETITIONER(S)),

: BEFORE THE COMMISSIONER

PETITIONER(S),

: OF EDUCATION OF NEW JERSEY

V.

(NAME OF RESPONDENT(S)),

: PETITION

RESPONDENT(S).

:

Petitioner,__________, residing at__________, whose telephone number is ______________, fax number is_________and email address is_______________, hereby requests the Commissioner of Education to consider a controversy which has arisen between petitioner and respondent whose address is_______________, pursuant to the authority of the Commissioner to hear and determine controversies under the school law (N.J.S.A. 18A:6-9), by reason of the following facts:

1. (Here set forth in as many itemized paragraphs as are necessary the specific allegation(s), and the facts supporting them, which constitute the basis of the controversy.)

WHEREFORE, petitioner requests that (here set forth the relief desired).

Signature of petitioner or representative

Date__________

(Name of petitioner), of full age, being duly sworn upon his or her oath according to law deposes and says:

1. I am the petitioner in the foregoing matter.

2. I have read the petition and aver that the facts contained therein are true to the best of my knowledge and belief

Signature of petitioner

(b) A petition submitted by a pro se petitioner that substantially includes the requisite information as set forth in (a) above shall be accepted for filing notwithstanding that the petition does not conform to the prescribed technical format. However, where a petition does not meet minimal standards regarding parties, allegations, or relief sought, the petitioner shall be sent a letter noting the date of the submission's receipt and identifying the deficiencies deemed to constitute substantial noncompliance. The matter will not be filed until the noted deficiencies are corrected.

(c) Any party to a controversy or dispute before the Commissioner, who is a party to another action before any other administrative agency, arbitration proceeding or court involving the same or similar issue of fact or law, shall indicate the existence of such action or complaint within the petition of appeal or the answer to the Commissioner, as may be appropriate. Failure to so certify may be deemed to be sufficient cause for dismissal of the petition of appeal when, in the judgment of the Commissioner and/or the ALJ, such failure results in the duplication of administrative procedures for the resolution of a controversy or dispute.

(d) Whenever such duplicate filing is discovered, and after the filing of the answer by the respondent, the case will be transmitted to the OAL for initial determination of which agency, if any, has the predominant interest in the outcome of the case.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.