New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 28 - SCHOOL ETHICS COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 6A:28-1.3 - Functions and authority of the Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Pursuant to the provisions of the Act, the Commission shall:
1. Prescribe disclosure statements, in
				accordance with N.J.S.A. 18A:12-25 and 18A:12-26, to be filed by all school
				officials on or before April 30 of each year, or at such other times as this
				chapter may require;
2. Appoint
				professional and clerical staff and incur expenses as may be necessary to carry
				out the provisions of the Act within the limits of funds appropriated or
				otherwise made available to the Commission. All appointments shall be made in
				accordance with the provisions of Title 11A of the New Jersey
				Statutes;
3. Issue advisory
				opinions, pursuant to
				18A:12-31;
4. Process and investigate complaints raised
				pursuant to N.J.S.A. 18A:12-29 and conduct hearings, as may be
				necessary;
5. Administer the
				receipt and retention of disclosure statements as required by the
				Act;
6. Have the authority to issue
				Orders to Show Cause, and compel the attendance of witnesses and the production
				of documents as the Commission deems necessary and relevant to carrying out its
				duties pursuant to the Act;
7. Have
				the authority to issue and enforce an Order to Show Cause for failure to file
				required disclosure statements, and failure to complete required ethics
				training;
8. Be empowered, along
				with the persons appointed by the Commission, to administer oaths and examine
				witnesses under oath;
9. Have the
				authority, by resolution adopted by the Commission, to designate an authorized
				individual, on behalf of the Commission, to do the following:
i. Issue an Order to Show Cause for the
				failure of a school official to file disclosure statements as required at
				N.J.S.A.
				18A:12-25 and
				18A:12-26;
ii. Issue an Order to Show Cause for the
				failure of a board member or trustee to fulfill the training requirements at
				N.J.S.A.
				18A:12-33, in accordance with
				N.J.A.C.
				6A:28-1.6(a)1  and
				2;
iii. Issue an Order to Show
				Cause for a violation(s) of the Act that, in the discretion of the Commission,
				requires immediate review and adjudication;
iv. Deny a request for an advisory opinion,
				in accordance with
				N.J.A.C.
				6A:28-5.2(c)3;
v. Consolidate complaints, designate lead
				complainants, and/or share information about a complaint as permitted at
				N.J.A.C.
				6A:28-6.6;
vi. Direct that a complaint be amended in
				order to comply with requirements as set forth at
				N.J.A.C.
				6A:28-6.3 and deny permission for an
				amendment where an Answer has already been filed;
vii. Issue a subpoena on behalf of the
				Commission to compel the attendance of a person to testify or to produce
				documents, as deemed necessary to a matter pending before the Commission, in
				accordance with
				N.J.A.C.
				6A:28-8.1(a);
viii. Grant or deny requests for extensions
				to file submissions, as set forth at
				N.J.A.C.
				6A:28-7.4 and 9.7;
ix. Administratively dismiss a complaint, in
				accordance with
				N.J.A.C.
				6A:28-9.2;
x. Adjourn a hearing, in accordance with
				N.J.A.C.
				6A:28-9.9;
xi. Perform other managerial or
				administrative functions not specified in the resolution; and
xii. Provide the Commission with a summary of
				the actions taken pursuant to this section on a monthly basis; and
10. Recommend to the Commissioner
				the reprimand, censure, suspension, or removal of a school official found to
				have violated the Act.