Commissioner rule in New Jersey

2024Although the Commissioner's decision failed to expressly address the segregation argument, we "discern[ed] from the entire record"—including from the Commissioner's brief on appeal— that the Commissioner found no evidence that RBCS "has promoted racial segregation." Id. at 476 .

2024Hence, the Commissioner is not required to conduct a "full -blown hearing whenever a district board of education objects to the charter renewal of an existing school," nor must the Commissioner issue a decision with "the kind of formalized findings and conclusions necessary in the traditional contested case." Id. at 476 (quoting, in the second instance, Englewood, 320 N.J.

2018If "the board finds that such probable cause exists and that the charge, if 20 A-5104-14T3 credited, is sufficient to warrant a dismissal . . . then it shall forward such written charge to the commissioner for a hearing pursuant to N.J.S.[A.] 18A:6-16, together with a certificate of such determination." Ibid.

2018If "the board finds that such probable cause exists and that the charge, if credited, is sufficient to warrant a dismissal ... then it shall forward such written charge to the commissioner for a hearing *497 pursuant to N.J.S.[A.] 18A:6-16, together with a certificate of such determination." Ibid.

2011Indeed, we have held that where a fee simple is being condemned, negotiations will take place with the fee owner alone: "[t]he rights of all other condemnees with a compensable interest are better protected by allowing them to participate later during the Commissioner's hearing, where value is determined, N.J.S.A. 20:3-12, and during the still subsequent proceeding when the compensation is allocated." Ibid. (citing N.J.S.A. 20:3-34; R. 4:73-9).

2011Indeed, we have held that where a fee simple is being condemned, negotiations will take place with the fee owner alone: “[t]he rights of all other condemnees with a compensable interest are better protected by allowing them to participate later during the Commissioner’s hearing, where value is determined, N.J.S.A. 20:3-12, and during the still subsequent proceeding when the compensation is allocated.” Ibid. (citing N.J.S.A. 20:3-34; R. 4:73-9).

2025The Commissioner's responsibility is to reach an "equitable" determination—one that is fair to both districts—keeping in mind his [or her] responsibility as the ultimate educational authority in the State. [Id. at 462.] Thus, "[t]he focus of the Commissioner's inquiry is whether a substantial negative impact exists at all; if it does, severance is to be denied." Ibid.

2024We therefore deem abandoned any contention the court erred by awarding plaintiff summary judgment on those claims, Drinker Biddle & Reath LLP, 421 N.J.

2021The Court noted, however, that the Act and an implementing regulation “entitle[d] the district[s] of residence to analyze the charter school applicant’s submission to the Commissioner and to challenge or augment the applicant’s submitted information.” Ibid. (citing N.J.S.A. 18A:36A-4(c); N.J.A.C. 6A:11- 2.1).

2008In the event the board finds that such probable cause exists and that the charge, if credited, is sufficient to warrant a dismissal or reduction of salary, then it shall forward such written charge to the commissioner for a hearing. . . . [ Ibid. ] Although N.J.S.A. 18A:6-11 requires that the district board of education determine whether there is probable cause for tenure charges, that provision of the statute has been superseded in part by statutes that authorize the State to operate certain school districts and empower the State district superintendent to make the probable cause determinatio

2005Ass’n of Health Care Facilities v. Finley, 83 N.J. 67, 80 , 415 A.2d 1147 , appeal dismissed and cert. denied, 449 U.S. 944 , 101 S.Ct. 342 , 66 L.Ed.2d 208 (1980).

2005Ass’n of Health Care Facilities v. Finley, 83 N.J. 67, 80 , 415 A.2d 1147 , appeal dismissed and cert. denied, 449 U.S. 944 , 101 S.Ct. 342 , 66 L.Ed.2d 208 (1980).

2005Ass’n of Health Care Facilities v. Finley, 83 N.J. 67, 80 , 415 A.2d 1147 , appeal dismissed and cert. denied, 449 U.S. 944 , 101 S.Ct. 342 , 66 L.Ed.2d 208 (1980).

2005Ass’n of Health Care Facilities v. Finley, 83 N.J. 67, 80 , 415 A.2d 1147 , appeal dismissed and cert. denied, 449 U.S. 944 , 101 S.Ct. 342 , 66 L.Ed.2d 208 (1980).

2005Ass'n of Health Care Facilities v. Finley, 83 N.J. 67, 80 , 415 A. 2d 1147 , appeal dismissed and cert. denied, 449 U.S. 944 , 101 S.Ct. 342 , 66 L.Ed. 2d 208 (1980).

2005Ass’n of Health Care Facilities v. Finley, 83 N.J. 67, 80 , 415 A.2d 1147 , appeal dismissed and cert. denied, 449 U.S. 944 , 101 S.Ct. 342 , 66 L.Ed.2d 208 (1980).

1992Defendant analogizes the Commissioner’s motion to a final administrative agency decision and contends that the sentencing judge should follow the recommendation made unless it is found to be “arbitrary, capricious or unreasonable” or is not supported by “substantial credible evidence.” See Henry v. Rahway State Prison, 81 N.J. 571, 580 , 410 A.2d 686 (1980); Campbell v. Dept. of Civil Service, 39 N.J. 556, 562 , 189 A.2d 712 (1963).

1992Defendant analogizes the Commissioner’s motion to a final administrative agency decision and contends that the sentencing judge should follow the recommendation made unless it is found to be “arbitrary, capricious or unreasonable” or is not supported by “substantial credible evidence.” See Henry v. Rahway State Prison, 81 N.J. 571, 580 , 410 A.2d 686 (1980); Campbell v. Dept. of Civil Service, 39 N.J. 556, 562 , 189 A.2d 712 (1963).

1992Defendant analogizes the Commissioner’s motion to a final administrative agency decision and contends that the sentencing judge should follow the recommendation made unless it is found to be “arbitrary, capricious or unreasonable” or is not supported by “substantial credible evidence.” See Henry v. Rahway State Prison, 81 N.J. 571, 580 , 410 A.2d 686 (1980); Campbell v. Dept. of Civil Service, 39 N.J. 556, 562 , 189 A.2d 712 (1963).

1992Defendant analogizes the Commissioner’s motion to a final administrative agency decision and contends that the sentencing judge should follow the recommendation made unless it is found to be “arbitrary, capricious or unreasonable” or is not supported by “substantial credible evidence.” See Henry v. Rahway State Prison, 81 N.J. 571, 580 , 410 A.2d 686 (1980); Campbell v. Dept. of Civil Service, 39 N.J. 556, 562 , 189 A.2d 712 (1963).

1982Petitioner suggests that the proper scope of review for the State Board to apply when reviewing a determination of the Commissioner is the standard articulated for the Commissioner of Labor and Industry in Delesky v. Tasty Baking Co., 175 N.J.

1975In disposing in part of claimants’ constitutional challenge the court, in Galvan v. Catherwood, 324 F. Supp. 1016, at 1019 , held: Turning first to their contention that the policy in question violates their constitutionally guaranteed right to travel, plaintiffs un derstandably rely upon Shapiro v. Thompson, 394 U. S. 618 , 89 S. Ct. 1322 , 22 L.

1975In disposing in part of claimants’ constitutional challenge the court, in Galvan v. Catherwood, 324 F. Supp. 1016, at 1019 , held: Turning first to their contention that the policy in question violates their constitutionally guaranteed right to travel, plaintiffs un derstandably rely upon Shapiro v. Thompson, 394 U. S. 618 , 89 S. Ct. 1322 , 22 L.

1975In disposing in part of claimants’ constitutional challenge the court, in Galvan v. Catherwood, 324 F. Supp. 1016, at 1019 , held: Turning first to their contention that the policy in question violates their constitutionally guaranteed right to travel, plaintiffs un derstandably rely upon Shapiro v. Thompson, 394 U. S. 618 , 89 S. Ct. 1322 , 22 L.

1975Cf. Trap Rock Industries, Inc. v. Kohl, supra, 59 N.J. at 485-486 .

1973Cf. Norwalk Teachers Ass'n. v. Board of Education, 138 Conn. 269 , 83 A. 2 d 482, 487, 31 A.L.R. 2 d 1133 (1951).

1968Compare Bechler v. Parsekian, 36 N.J. 242 (1961); Cresse v. Parsekian, 81 N.J.