New Jersey Administrative Code
Title 6A - EDUCATION
Chapter 3 - CONTROVERSIES AND DISPUTES
Subchapter 5 - CHARGES UNDER TENURE EMPLOYEES' HEARING ACT
Section 6A:3-5.5 - Determination of sufficiency and transmittal for hearing

Universal Citation: NJ Admin Code 6A:3-5.5

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Except as specified at N.J.A.C. 6A:3-5.1(c), within 10 days of receipt of the charged party's answer or expiration of the time for its filing, the Commissioner shall determine whether such charge(s) are sufficient, if true, to warrant dismissal or reduction in salary. If the charges are determined insufficient, they shall be dismissed and the parties shall be notified accordingly. If the charges are determined sufficient, the matter shall be transmitted immediately to an arbitrator for further proceedings, unless the Commissioner retains the matter pursuant to N.J.A.C. 6A:3-1.12.

1. The Department shall issue a notice of transmittal to the parties on the same date as the matter is transmitted to an arbitrator.

(b) If a party to a tenure matter requests, the Commissioner may agree to hold the matter in abeyance at any time prior to transmittal to an arbitrator. Thereafter, requests to hold the matter in abeyance shall be directed to the arbitrator. Any request for abeyance, whether directed to the Commissioner or the arbitrator, shall be consistent with the intent at N.J.S.A. 18A:6-16, as amended at P.L. 1998, c. 42 and at P.L. 2012, c. 26.

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