N.J. Admin. Code § 6A:3-12.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 6A:3-12.1 - Request for hearing upon notice of impending suspension or revocation

(a) If a school bus driver has been notified by the Department's Office of Student Protection that a determination has been made that suspension or revocation, as the case may be, of the driver's school bus endorsement is warranted, pursuant to N.J.S.A. 18A:39-26 et seq., because a child was left on the school bus to which the driver was assigned notwithstanding the driver's obligation to conduct a visual inspection at the end of the transportation route to assure that no pupil is left on the bus, the driver may contest such determination through the filing of a petition of appeal according to the procedures set forth at N.J.A.C. 6A:3-1.

1. Such petition shall be filed within 10 business days of the date of the Department's written notice to petitioner of such determination.

2. In addition to the service requirements at N.J.A.C. 6A:3-1.3(a) and (j), such petition shall additionally be served on the Department c/o Manager, Office of Student Protection, New Jersey Department of Education, PO Box 500, Trenton, New Jersey 08625-0500.

(b) The following aspects of the Department's determination may be contested:

1. That a pupil was left on the bus at the end of the driver's route;

2. That the incident in question was the driver's second offense;

3. That the pupil was harmed as a result of foreseeable danger; and

4. That the driver acted with gross negligence.

(c) Where no petition is filed within the requisite time frame, or where a petitioner does not prevail before the Commissioner in demonstrating that the Department's determination was in error, the Department's Office of Student Protection will:

1. Notify the Motor Vehicle Commission of its obligation pursuant to N.J.S.A. 18A:39-26 et seq., to suspend or revoke, as the case may be, the driver's school bus endorsement; and

2. Notify the driver's employer that the driver is ineligible, for the period of suspension or permanently, as the case may be, for continued employment as a school bus driver.

N.J. Admin. Code § 6A:3-12.1

Recodified from N.J.A.C. 6A:3-1 3.1 by 49 N.J.R. 641(a), effective 4/3/2017

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

Amended by 51 N.J.R. 723(a), effective 5/20/2019

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