N.J. Admin. Code § 6A:3-7.1

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

Section 6A:3-7.1 - Filing and service of petition

(a) To initiate an appeal of a decision of the New Jersey State Interscholastic Athletic Association (NJSIAA) before the Commissioner, a petitioner shall prepare and serve a verified petition in the same form and manner as prescribed by this chapter, except as set forth below.

1. The petitioner shall include with the petition a copy of the final NJSIAA decision from which appeal is being taken.

2. The petitioner shall include with the petition the Record on Appeal obtained from the NJSIAA, including a Statement of Items comprising such record, or a certification attesting that such record and statement have been requested and will be provided to the Commissioner within 10 days, unless a different time frame is directed by the Commissioner.

i. The record on appeal shall consist of all relevant papers on file with the NJSIAA, including all exhibits considered by the involved NJSIAA committees and the stenographic transcript of any such committee hearings. Disputes about the content of the record shall be determined by the Commissioner prior to the establishing of a briefing schedule pursuant to 6A:3-7.3.

3. The petitioner shall include a certification stating that the petitioner has exhausted the internal appeal procedures of the NJSIAA set forth in the NJSIAA constitution, bylaws, and rules and regulations as adopted by member schools pursuant to N.J.S.A. 18A:11-3, and that the decision appealed from is a final determination of the NJSIAA.

(b) The Commissioner shall summarily dismiss any petition filed prior to exhaustion of internal NJSIAA appeal procedures.

1. Where a petition challenges a rule of the NJSIAA or a determination of the NJSIAA that has not been reached through a quasi-judicial process including evidentiary hearing, and where the NJSIAA constitution, bylaws, and rules and regulations adopted pursuant to N.J.S.A. 18A:11-3 do not provide for an applicable internal hearing process, the Commissioner shall decline to hear the matter on appeal until a hearing before the NJSIAA has been conducted in accordance with procedures agreed upon by the NJSIAA and the petitioner.

(c) The Commissioner shall summarily dismiss any petition seeking to appeal a determination of the NJSIAA in an area that is expressly designated as not appealable by the NJSIAA constitution, bylaws, or rules and regulations as adopted by member schools pursuant to law.

(d) Upon filing of a petition, the appeal shall not proceed in accordance with the general provisions of N.J.A.C. 6A:3-1, but shall instead proceed as set forth in this subchapter.

N.J. Admin. Code § 6A:3-7.1

Amended by R.2005 d.109, effective 4/4/2005.
See: 36 New Jersey Register 5032(a), 37 New Jersey Register 1051(b).
Rewrote (a); in (b), added 1; rewrote (d).

Amended by 56 N.J.R. 766(b) effective 5/6/2024