Current through Register Vol. 56, No. 18, September 16, 2024
(a) An appeal or cross appeal shall be made
by serving a copy of the notice of appeal or cross appeal upon all other
parties, providing a copy to the State Board of Examiners or School Ethics
Commission, as appropriate, and emailing the appeal to the email address
designated by the Office of Controversies and Disputes or mailing the appeal to
the Commissioner c/o the Director, Office of Controversies and Disputes, New
Jersey State Department of Education, 100 River View Plaza, P.O. Box 500,
Trenton, New Jersey 08625-0500, Attention: Appeals.
1. A notice of appeal or notice of cross
appeal shall set forth the name of the party taking the appeal and the party's
address or that of the party's representative, if represented, and the names of
all other parties. A notice of appeal or notice of cross appeal also shall
specifically designate the decision appealed from, or such part as appealed
from.
2. Each notice of appeal
shall be signed by the representative of record representing the party taking
the appeal or signed by the party if the party is appearing pro se.
3. Each notice of appeal shall include an
appended copy of the decision being appealed, including the initial decision
issued by the OAL, if any.
4. Each
notice of appeal shall include an appended proof of service on all other
parties. The notice of appeal also shall indicate a copy of the notice has been
provided to the State Board of Examiners or the School Ethics Commission, as
appropriate.
(b) Proof
of service shall be in one of the following forms:
1. An acknowledgement of service indicating
the date of service and the address at which each party was served and signed
by the representative or the representative's designee for each party, or
signed and acknowledged by the party;
2. An affidavit of the person making service
that indicates the date of service and the address at which each party was
served;
3. A certification
indicating the date of service and the address at which each party was served
and meeting the requirements of New Jersey Court Rules at R. 1:4-4(b);
or
4. A copy of the appellant's
receipt for certified mailing or delivery by messenger to each party. The
return receipt card ("green card") is not required for proof of service by
certified mailing.
(c)
An appeal or cross appeal shall be considered filed upon receipt of notice of
appeal by an appropriate officer of the Department.
