[Second Reprint]

SENATE, No. 125

STATE OF NEW JERSEY

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Senators PALAIA, INVERSO, Ewing and MacInnes

An Act concerning certain administrative hearings, ¹[amending and]¹ supplementing ¹[P.L.1968, c.410, amending N.J.S.18A:6-16 and N.J.S.18A:6-28 and supplementing]¹ P.L.1978, c.67 (C.52:14F-1 et seq.)¹, P.L.1968, c.410 (C.52:14B-1 et seq.), chapter 6 of Title 18A of the New Jersey Statutes and amending N.J.S.18A:6-16 and N.J.S.18A:6-28¹.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. (New section) a. The Director of the Office of Administrative Law shall, within 12 months after the effective date of this act, establish within the Office of Administrative Law an education unit consisting of administrative law judges having special expertise in education law. The number of administrative law judges in the unit shall be proportional to the number and complexity of education cases referred to the office.

    b. Upon the establishment of the education unit, all contested cases, as defined in section 2 of P.L.1968, c.410 (C.52:14B-2), ¹except those cases in which criminal charges are also filed,¹ arising under the Tenure Employees Hearing Law, article 2 of chapter 6 of Title 18A of the New Jersey Statutes, referred to the Office of Administrative Law shall be assigned to and adjudicated by the administrative law judges in the education unit.

    2. (New section) Any statute rule or regulation to the contrary notwithstanding, all contested cases assigned to the education unit pursuant to section 1 of this act shall be adjudicated pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) in an expeditious and timely manner except as follows:

    a. The discovery process shall begin immediately upon the referral of the case to the Office of Administrative Law and shall be completed within 30 days of that referral.

    b. The pre-hearing conference shall be held within 20 days of the referral of the case to the Office of Administrative Law.

    c. The hearing shall be held within 45 days after the pre-hearing conference, and no later than 65 days from the referral of the case to the Office of Administrative Law.

    d. Transcripts ¹if ordered by the parties¹ shall be provided within 15 days of the conclusion of the hearing and all briefs shall be submitted to the Administrative Law Judge within 30 days of the conclusion of the hearing ¹or receipt of the transcripts by the parties, whichever is later¹.

    ¹[3. Section 10 of P.L.1968, c.410 is amended to read as follows:

    10. In contested cases:

    (a) The parties shall not be bound by rules of evidence whether statutory, common law, or adopted formally by the Rules of Court. All relevant evidence is admissible, except as otherwise provided herein. The administrative law judge may in his discretion exclude any evidence if he finds that its probative value is substantially outweighed by the risk that its admission will either (i) necessitate undue consumption of time or (ii) create substantial danger of undue prejudice or confusion. The administrative law judge shall give effect to the rules of privilege recognized by law. Any party in a contested case may present his case or defense by oral and documentary evidence, submit rebuttal evidence and conduct such cross-examination as may be required, in the discretion of the administrative law judge, for a full and true disclosure of the facts.

    (b) Notice may be taken of judicially noticeable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the specialized knowledge of the agency or administrative law judge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The experience, technical competence, and specialized knowledge of the agency or administrative law judge may be utilized in the evaluation of the evidence, provided this is disclosed of record.

    (c) All hearings of a State agency required to be conducted as a contested case under this act or any other law shall be conducted by an administrative law judge assigned by the Director and Chief Administrative Law Judge of the Office of Administrative Law, except as provided by this amendatory and supplementary act. A recommended report and decision which contains recommended findings of fact and conclusions of law and which shall be based upon sufficient, competent, and credible evidence shall be filed, not later than 45 days after the hearing is concluded, with the agency in such form that it may be adopted as the decision in the case and delivered or mailed, to the parties of record with an indication of the date of receipt by the agency head; and an opportunity shall be afforded each party of record to file exceptions, objections, and replies thereto, and to present argument to the head of the agency or a majority thereof, either orally or in writing, as the agency may direct. The head of the agency, upon a review of the record submitted by the administrative law judge, shall adopt, reject or modify the recommended report and decision no later than 45 days after receipt of such recommendations; except that for cases adjudicated by the education unit pursuant to section 1 of P.L. , c. (C. )(now pending before the Legislature as this bill), the Commissioner of Education shall adopt, reject or modify the recommended report and decision no later than 30 days after receipt of such recommendations. Unless the head of the agency modifies or rejects the report within such period, the decision of the administrative law judge shall be deemed adopted as the final decision of the head of the agency. The recommended report and decision shall be a part of the record in the case. For good cause shown, upon certification by the director and the agency head, the time limits established herein may be subject to extension.

    (d) A final decision or order adverse to a party in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated and shall be based only upon the evidence of record at the hearing, as such evidence may be established by rules of evidence and procedure promulgated by the director.

    Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. The final decision may incorporate by reference any or all of the recommendations of the administrative law judge. Parties shall be notified either personally or by mail of any decision or order. Upon request a copy of the decision or order shall be delivered or mailed forthwith by registered or certified mail to each party and to his attorney of record.

    (e) Except where otherwise provided by law, the administrative adjudication of the agency shall be effective on the date of delivery or on the date of mailing, of the final decision to the parties of record whichever shall occur first, or shall be effective on any date after the date of delivery or mailing, as the agency may provide by general rule or by order in the case. The date of delivery or mailing shall be stamped on the face of the decision.

(cf: P.L.1993,c.343,s.3)]¹

    ¹3. (New section) Notwithstanding the provisions of section 10 of P.L.1968, c. 410 (C. 52:14B-10) or any other law, rule or regulation to the contrary, if a case is adjudicated by the education unit pursuant to section 1 of P.L. ,c. (C. )(now pending before the Legislature as this bill), the Commissioner of Education, upon a review of the record submitted by the administrative law judge, shall adopt, reject or modify the recommended report and decision no later than 30 days after receipt of the recommendations.¹

    4. N.J.S.18A:6-16 is amended to read as follows:

    18A:6-16. Upon receipt of such a charge and certification, or of a charge lawfully made to ²[him] the commissioner², the commissioner or the person appointed to act in ²[his] the commissioner's² behalf in the proceedings shall examine the charges and certification [and if he]. The individual against whom the charges are certified shall have 15 days to submit a written response to the charges to the commissioner. ²The commissioner shall render a determination on the matter within 15 days immediately following the 15 day period provided for a written response to the charges.²

    If¹, following receipt of the written response to the charges,¹ the commissioner is of the opinion that they are not sufficient to warrant dismissal or reduction in salary of the person charged, he shall dismiss the same and notify said person accordingly. If, however, he shall determine that such charge is sufficient to warrant dismissal or reduction in salary of the person charged, he shall [conduct a hearing thereon within a 60-day period after the receipt thereof upon reasonable notice to all parties in interest] within 10 days of making that determination refer the case to the Office of Administrative Law for ¹[adjudication] further proceedings¹.

(cf: N.J.S.18A:6-16)

    5. N.J.S.18A:6-28 is amended to read as follows:

    18A:6-28. An appeal to the State board shall be taken in the manner prescribed by rules of the board, within 30 days after the decision appealed from is filed, and the board shall have power to hear and determine any such appeal. The board shall render its decision on ¹[the] a tenure¹ appeal within 60 days after it is filed.

(cf: P.L.1994, c.48, s.53)

    6. This act shall take effect immediately.

Provides for expedited hearing process in teacher tenure cases.