Laura Langer, et al. v Willie Hembree and Board of Education of the City of Plainfield, Union Countyand Stuart Balch, et al v. Board of Education of the City of Plainfield, Union County, 3/22/2022, (#56-22)

OAL Dkt. No. EDU 05088-20 and EDU 05089-20 (Consolidated)
Agency Dkt. No. 49-2/20 and 44-2/20
New Jersey Commissioner of Education
Decision
Laura Langer, et al,
Petitioners,
v.
Willie Hembree and Board of Education of the
City of Plainfield, Union County,
Respondents,
and
Stuart Balch, et al,
Petitioners,
v.
Willie Hembree and Board of Education of the
City of Plainfield, Union County,
Respondents.
The record of this matter and the Initial Decision of the Office of Administrative Law (OAL)
have been reviewed. Upon review, the Commissioner agrees with the Administrative Law Judge’s
determination – for the reasons stated in the Initial Decision – that petitioners in this matter agreed
to withdraw their petitions, and that the petition of appeal 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.
56-22

2
IT IS SO ORDERED. 1
ACTING COMMISSIONER OF EDUCATION
Date of Decision:
Date of Mailing:
1 This decision may be appealed to the Appellate Division of the Superior Court pursuant to N.J.S.A. 18A:6-9.1.
Under N.J.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.
March 22, 2022
March 22, 2022

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
DISMISSAL
OAL DKT. NO. EDU 05088-20
LAURA LANGER, ET AL,
Petitioners,
v.
WILLIE HEMBREE & BOARD OF EDUCATION
OF THE CITY OF PLAINFIELD,
Respondents.
____________________________________
STUART BALCH, ET AL 	OAL DKT. NO. EDU 05089-20
Petitioners,
v. 	(CONSOLIDATED)
WILLIE HEMBREE & BOARD OF EDUCATION
OF THE CITY OF PLAINFIELD,
Respondents.
_____________________________________
Laura Langer and Stuart Balch, appearing pro se on behalf of petitioners
Michelle M. Schott, Esq. on behalf of respondent Board of Education of the
City of Plainfield
Record Closed: January 31, 2022 	Decided: February 7, 2022
BEFORE NANCI G. STOKES, ALJ

OAL DKT. NO. EDU 05088-20 & EDU 05089-20
2
STATEMENT OF THE CASE
On or about October 31, 2021, petitioners agreed to withdraw their petitions.
Each matter consists of petitioners against the Board of Education of the City of
Plainfield. All but two of the petitioners submitted letters withdrawing their request for a
hearing. 	Several attempts have been made to obtain the last two withdrawals to no
avail. 	Petitioners Peter Ringlee and Bogdan Langer, failed to withdraw her petition;
despite my instructions to do so. Should this case be dismissed? Yes. Under N.J.A.C.
1:1-14(c)(1), dismissal may be granted for the unreasonable failure to comply with a
judge’s order.
PROCEDURAL HISTORY
In February 2020 a petition was filed with the Office of Controversies & Disputes.
On May 5, 2020, respondent filed a motion to dismiss the petition in lieu of an answer.
On May 11, 2020, the Office of Controversies and Disputes within the New Jersey State
Department of Education transmitted these matters to the Office of Administrative Law
(OAL) under the Administrative Procedure Act, N.J.S.A. 52:14B-1 to -15, and the act
establishing the OAL, N.J.S.A. 52:14F-1 to -23, for a hearing under the Uniform
Administrative Procedure Rules, N.J.A.C. 1:1-1.1 to -21.6.
On June 23, 2020, I held a telephone prehearing wherein the parties agreed that
the cases should be consolidated. Petitioner Balch also designated petitioner Langer to
act as his representative. Each petitioner was to advise the court, via email, that Langer
would be their representative. 	All petitioners, including Peter Ringlee and Bogdan
Langer, submitted emails authorizing Langer to act as their representative.
Several telephone conferences were conducted, the last one being November
30, 2021. 	The purpose of the November conference call was to secure the agreement
regarding some of the petitioners to join the others in withdrawing their petition. 	It was

OAL DKT. NO. EDU 05088-20 & EDU 05089-20
3
not clear which petitioners were or were not withdrawing. 	Under my direction, on
October 29, 2021, my secretary sent an email to all petitioners requesting that they
reply individually whether or not they are withdrawing their request for a hearing. All but
two 	petitioners 	responded 	that 	they are 	withdrawing. 	On 	November 	3, 	2021, a
telephone conference was conducted wherein Lagner advised that both petitioners were
willing to withdraw but had not sent an email confirming the withdrawal.
CONCLUSIONS OF LAW
Under 	N.J.A.C. 	1:1-14.14 	(a)(1), 	a 	dismissal 	may 	be 	granted 	for 	the
unreasonable failure to comply with judge’s order. 	In this case, I instructed petitioners
to submit individual emails of who no longer wished to have a hearing. 	Based upon
emails received from both Peter Ringlee and Bogdan Langer authorizing Laura Langer
to “make any and all decisions she deems necessary on resolving the combined case”,
coupled with Langer’s email withdrawing her request for a hearing, I CONCLUDE that
this matter is no longer a case before OAL and should be DISMISSED.
ORDER
Based on the foregoing, I ORDER that this case is DISMISSED.
I 	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 is authorized by law
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 under N.J.S.A. 52:14B-10.

OAL DKT. NO. EDU 05088-20 & EDU 05089-20
4
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.
February 7, 2022
DATE 	NANCI G. STOKES, ALJ
Date Received at Agency: 	February 7, 2022
Date Mailed to Parties: 	February 7, 2022
ljb

OAL DKT. NO. EDU 05088-20 & EDU 05089-20
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DOCUMENTS RELIED ON
- 	Letters of withdrawals
- 	Emails, dated July 7, 2020, authorizing Langer to act as a representative