Benjamin Wood v. New Jersey Department of Education, Office of Student Protection, 5/19/2022, (#100-22)

OCR transcription for search; preserved printed pages are authoritative

100-22

OAL Dkt. No. EDU 08382-21
Agency Dkt. No. 124-8/21

New J ersey Commissioner of Education
Decision
Benjamin Wood,
Petitioner,
V.

New Jersey Department of Education,
Office of Student Protection,

Respondent.

The record of this matter and the Initial Decision of the Office of Administrative Law
(OAL) have been reviewed. The parties did not file exceptions.

Upon review, the Commissioner agrees with the Administrative Law Judge’s
determination that this matter should be dismissed. Accordingly, the Initial Decision of the OAL is
adopted as the final decision in this matter for the reasons expressed therein, and the petition is hereby
dismissed.

IT IS SO ORDERED. !

kG Mill

ACT MMISSIONER OF EDUCATION

Date of Decision: May 19, 2022
Date of Mailing: May 19, 2022

! This decision may be appealed to the Appellate Division of the Superior Court pursuant to NJ.SA. 18A:6-9.1.
Under NJ .Ct.R. 2:4-1(b), a notice of appeal must be filed with the Appellate Division within 45 days from the date
of mailing of this decision.

State of New Jersey
OFFICE OF ADMINISTRATIVE LAW

INITIAL DECISION - DISMISSAL
OAL DKT. NO. EDU 08382-21
AGENCY DKT. NO. 124-8/21

BENJAMIN WOOD,
Petitioner,
V.
NEW JERSEY DEPARTMENT
OF EDUCATION, OFFICE OF
STUDENT PROTECTION,

Respondent.

Benjamin Wood, petitioner, pro se

Joshua P. Bohn, Deputy Attorney General, for respondent (Matthew J. Platkin,

Acting Attorney General of New Jersey, attorney)
Record Closed: April 11, 2022 Decided: April 19, 2022
BEFORE EDWARD J. DELANOY, JR., Deputy Director and ALAJ:
The matter was transmitted to the Office of Administrative Law (OAL), on
October 7, 2021, for determination as a contested case, pursuant to N.J.S.A. 52:14B-1

to -15 and N.J.S.A. 52:14F-1 to -13. Petitioner challenges his disqualification from
school employment due to his criminal background.

New Jersey is art Equal Opportunity Employer

OAL DKT. NO. EDU 08382-21

During the telephone conference conducted on February 25, 2022, petitioner
advised that was going to withdraw his petition and was given until March 4, 2022, to file
that withdrawal letter.

No withdrawal letter was received at the OAL and on March 31, 2022, a letter

was sent to petitioner:

. If you still intend to withdraw your appeal, please complete the
attached withdrawal form and return to our office in the self-addressed
stamped envelope by April 11, 2022. If you no longer wish to withdraw
your appeal and would like to proceed with your appeal, please contact
my assistant... at the phone number listed above and indicate your
intention to proceed. Absent a response by April 11, 2022, an initial
decision dismissing the appeal will be issued.

Petitioner has not forwarded either a letter of withdrawal or a request to move
forward to a hearing. Therefore, | CONCLUDE that respondent has abandoned his

appeal.

ORDER

it is hereby ORDERED that this appeal be DISMISSED.

| hereby FILE this initial decision with the COMMISSIONER OF THE
DEPARTMENT OF EDUCATION for consideration.

This recommended decision may be adopted, modified or rejected by the
COMMISSIONER OF THE DEPARTMENT OF EDUCATION, who by law is authorized
to make a final decision in this matter. If the Commissioner of the Department of
Education does not adopt, modify or reject this decision within forty-five days and unless
such time limit is otherwise extended, this recommended decision shall become a final
decision in accordance with N.J.S.A. 52:14B-10.

OAL DKT. NO. EDU 08382-21

Within thirteen days from the date on which this recommended decision was
mailed to the parties, any party may file written exceptions with the COMMISSIONER
OF THE DEPARTMENT OF EDUCATION, ATTN: BUREAU OF CONTROVERSIES
AND DISPUTES, 100 Riverview Plaza, 4th Floor, PO Box 500, Trenton, New Jersey
08625-0500, marked “Attention: Exceptions.” A copy of any exceptions must be sent to
the judge and to the other parties.

April 19, 2022 iJ NA,

DATE EDWARD J. DELANOY, JR., Deputy
Director and ALAJ

Date Received at Agency: Pips LU, 203A

Date Mailed to Parties: Au ‘Lop?

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