R.J. on behalf of minor child, J.C. v. Board of Education of the Township of Union, Union County, 7/17/2023, (#217-23)

OAL Dkt. No. EDU 02247-23
Agency Dkt. No. 50-3/23
New Jersey Commissioner of Education
Final Decision
R.J., on behalf of minor child, J.C.,
Petitioner,
v.
Board of Education of the Township of
Union, Union County,
Respondent.
The record of this matter and the Initial Decision of the Office of Administrative Law
(OAL) have been reviewed and considered.
Petitioner challenges a residency determination made by the Township of Union Board
of Education (Board). The Administrative Law Judge (ALJ) scheduled a telephone conference
regarding petitioner’s appeal for June 21, 2023. Petitioner failed to appear, and the ALJ
returned the file to the agency.
Upon review, the Commissioner disagrees with the ALJ that the matter should be
dismissed based on petitioner’s failure to appear. The record indicates that the scheduling
notices were sent to the parties via email. Pursuant to N.J.A.C. 1:1-9.5(c), scheduling notices
must be sent by regular mail unless emergent needs require otherwise. There is no indication
in the record that the telephone conferences were emergent. Moreover, while sending
scheduling notices via email may be acceptable in many circumstances – such as in cases where
217-23

2
all parties or attorneys routinely communicate with the OAL via email – the record here
demonstrates that the incorrect email address was used to send notices to petitioner.1 The
record further demonstrates that the petitioner advised the OAL that the incorrect email
address had been used on June 23, 2023, and requested that the telephone conference be
rescheduled, but the ALJ nonetheless decided to mark the case as a failure to appear.
Because the record demonstrates that petitioner did not receive the scheduling notices,
the Commissioner finds that dismissal at this juncture is not appropriate.
Accordingly, this matter is remanded to the OAL for further proceedings consistent with
this opinion.
ASSISTANT COMMISSIONER2
Date of Decision:
Date of Mailing:
1 The Commissioner acknowledges that the ALJ used the email address listed for petitioner on the transmittal form
and apologizes for the inconvenience caused by the typographical error on that form. Petitioner’s correct email
address is reflected elsewhere in the file.
2 Pursuant to N.J.S.A. 18A:4-34, this matter has been delegated to Assistant Commissioner Kathleen Ehling.
July 17, 2023
July 19, 2023