New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 3 - CONTROVERSIES AND DISPUTES › Subchapter 1 - GENERAL PROVISIONS › Section 6A:3-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
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 N.J.S.A. 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 legal holiday, in
				  which case the last day shall be deemed the next business day immediately
				  following.
"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, 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 or a renaissance school project.
"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. 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.
"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 their
				  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-3 et
				  seq.