N.J. Admin. Code § 6A:9B-4.12

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

Section 6A:9B-4.12 - Appeals of Office certification decisions

(a) A candidate for certification may appeal to the Board of Examiners an adverse decision of the Office regarding the candidate's eligibility.

1. The appeal shall be filed with the Board of Examiners within 60 days of the date of the decision at issue. For good cause shown, the Board of Examiners may relax the 60-day requirement.

(b) If a candidate receives an evaluation that identifies areas of deficiency in the certification requirements, pursuant to N.J.A.C. 6A:9B-5.3(c), the candidate may provide the Board of Examiners with evidence of alternative education and/or experience that the candidate considers equivalent to any area(s) of deficiency.

(c) The Board of Examiners shall not:

1. Waive any test, GPA, degree completion, or approved educator preparation program completion requirements;

2. Permit a candidate to substitute education and/or experience for any test, GPA, degree, or approved educator preparation program completion requirements; or

3. Issue a certificate that is expired and/or is not a type of certificate endorsement set forth at N.J.A.C. 6A:9B-9 through 11A.

(d) Upon receipt of a written request to file an appeal to the Board of Examiners, the Secretary shall provide the candidate with a copy of the appeals procedures, including the following:

1. The appeal shall be in the form approved by the Secretary and shall be accompanied by a sworn statement attesting to the facts in the appeal. The candidate shall be responsible for demonstrating by clear and convincing evidence that the candidate is eligible for the requested certificate pursuant to this chapter.

2. The Secretary shall examine for sufficiency the information submitted by the candidate and transmit it to the Board of Examiners for review.

3. The Secretary shall give a candidate at least 10 days notice of the Board of Examiners' meeting at which the appeal will be considered.

4. The candidate may be present at the meeting at which the Board of Examiners considers the appeal. If in attendance, the Board of Examiners may question the candidate regarding the candidate's submission.

5. The Board of Examiners shall review the information provided by the candidate and render a written decision including an explanation of the decision. The Secretary shall forward to the candidate a copy of the decision.

6. If the Board of Examiners determines a candidate is not eligible for the requested certificate, the candidate may not request an additional review by the Board of Examiners until one year has elapsed from the date of the Board of Examiners' decision and the applicant has obtained alternative education and/or experience. The Board of Examiners may relax the required time period for good cause shown.

N.J. Admin. Code § 6A:9B-4.12

Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
Substituted "surrendered" for "revoked" following "shall be deemed".
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Added "and endorsements" to section heading; in (a) through (d), inserted "or endorsement" wherever appearing, and made related stylistic changes throughout.

Amended and recodified from 6A:9B-4.13 by 47 N.J.R. 2989(a), effective 12/7/2015

Amended by 55 N.J.R. 853(a), effective 5/1/2023