N.J. Admin. Code § 6A:3-1.11
Upon the filing of the petition and answer(s) in a contested case, where the Commissioner does not determine to dismiss the matter pursuant to N.J.A.C. 6A:3-1.10, the Commissioner may either retain the matter for hearing directly and individually, designate an assistant commissioner to hear and decide the matter pursuant to N.J.S.A. 18A:4-33 and 34, or transmit the matter for hearing before the OAL. All hearings, whether a matter is retained by the Commissioner, delegated to an assistant commissioner, or transmitted to the OAL, shall be conducted in accordance with the rules of the OAL. If the Commissioner retains a matter for hearing directly or through a designee, the matter may, in the
Commissioner or designee's discretion, be decided summarily where the record so permits. This section does not apply to tenure matters governed by P.L. 2012, c. 26.
N.J. Admin. Code § 6A:3-1.11