N.J. Admin. Code § 13:1-9.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:1-9.1 - Notice of appeal

(a) An appeal by a trainee of their dismissal from an approved school or program for failure to meet the standards at N.J.S.A. 52:17B-71 shall be filed before the Police Training Commission (PTC). All appeals to the Commission shall be by a notice of appeal to the Commission Chairperson. To be eligible for an appeal, an appellant must have been dismissed from a PTC-approved school.

(b) All appeals shall specify all disputed material facts which the appellant, or their attorney, intends to raise. Appeals shall also set forth all legal issues that the appellant, or their attorney, intends to raise, and shall present all arguments on those issues which the appellant wishes the Commission to consider.

(c) When an appeal fails to set forth any disputed material fact and fails to set forth any legal issue or any argument on an issue, the appeal shall be denied. The Commission shall notify the appellant of this denial and the grounds therefor. Such notice shall constitute the final agency decision in the matter.

(d) When an appeal sets forth disputed material facts and/or a legal issue, the appeal shall be considered by the Commission. If the Commission determines that the appeal constitutes a contested case, the Commission shall notify the appellant that the appeal will be heard directly by the Commission or is being forwarded to the Office of Administrative Law for a hearing pursuant to N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and N.J.A.C. 1:1.

N.J. Admin. Code § 13:1-9.1

Amended by 55 N.J.R. 1932(b), effective 9/5/2023