R.J. on behalf of minor child, J.C. v. Board of Education of the Township of Union, Union County, 12/20/2023, (#375-23)

OAL Dkt. No. EDU 2247-23 (EDU 06545-23 on remand)
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, which was transmitted to the Commissioner by the Office of
Administrative Law (OAL) pursuant to N.J.A.C. 1:1-14.4 and includes an advisement of petitioner’s
failure to appear at the scheduled OAL hearing on November 30, 2023, has been reviewed.
Petitioner did not file an explanation for her failure to appear, notwithstanding the opportunity to
do so. Accordingly, this matter is no longer deemed to be a contested case before the
Commissioner and is hereby dismissed with prejudice.
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.
375-23
December 20, 2023
December 20, 2023

New Jersey is an Equal Opportunity Employer.
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
OAL Docket No.: EDU 06545-23
AGENCY DKT. No.: 50-3/23
(ON REMAND)
OAL DKT. NO. EDU 02247-23
R.J. ON BEHALF OF MINOR CHILD J.C.,
Petitioner,
v.
BOARD OF EDUCATION OF THE TOWNSHIP
OF UNION COUNTY, UNION COUNTY,
Respondent.
_________________________________
R.J. o/b/o minor child, J.C. pro se
Robert Devaney, Esq., for respondent (Florio Perrucci Steinhardt Cappelli Tipton
and Taylor, attorneys)
Record Closed: December 1, 2023 	Decided: December 1, 2023
BEFORE JUDE-ANTHONY TISCORNIA, ALJ:

OAL DKT. NO. EDU 06545-23
2
STATEMENT OF THE CASE
The forgoing matter involves a petition challenging residency determination made
by the Township of Union (Union) against R.J. on remand from the Commissioner of the
New Jersey Department of Education (Commissioner). The original complaint was
returned 	to 	the 	agency 	due 	to 	R.J.’s 	continued 	failure 	to 	appear 	at 	telephonic
conferences, including a peremptory telephonic conference that had been set for June
21, 2023. The Commissioner found this action improper and directed the undersigned to
set the matter down for a hearing.
ISSUE
Notwithstanding the challenge to the underlying residency determination, neither
party appeared at the hearing on the scheduled hearing date.
PROCEDURAL HISTORY
The underlying matter, docketed as EDU 02247-2023, was returned by the
undersigned to the Department of Education, office of Controversies and Disputes
(Department) on or about June 22, 2023. The matter was remanded to the undersigned
by Order of the Commissioner dated July 17, 2023. The matter was re-docketed as EDU
06545-2023 and transmitted to the Office of Administrative Law (OAL) on July 20, 2023.
On July 28, 2023, the undersigned receive confirmation via e-mail from both R.J.
and the Board’s representative, Mr. Devaney, that both were available on August 4, 2023,
telephonic conference. 	The conference was conducted on August 4, 2023, with Mr.
Devaney appearing on behalf of the Board, and R.J. failing to appear.
On September 28, 2023, the parties were served with notice of a peremptory
hearing date of November 30, 2023, at 9:30 a.m. On the scheduled hearing date, neither
party appeared. 	At approximately 10:00 a.m. on the scheduled hearing date, the

OAL DKT. NO. EDU 06545-23
3
undersigned received a Substitution of Attorney from the office of Lester E. Taylor III,
Esq., advising that he was replacing Mr. Devaney as the attorney of record on the matter.
The matter was held by the undersigned for one day. The record was closed on
December 1, 2023, with no communication having been received from R.J. by the
undersigned.
Legal Conclusion
N.J.A.C. § 1:1-14.4 Failure to appear; sanctions for failure to appear
(a) If, 	after 	appropriate 	notice, 	neither 	a 	party 	nor 	a
representative appears at any proceeding scheduled by the
Clerk or judge, the judge shall hold the matter for one day
before taking any action. If the judge does not receive an
explanation for the nonappearance within one day, the judge
shall, unless proceeding pursuant to (d) below, direct the
Clerk to return the matter to the transmitting agency for
appropriate disposition pursuant to N.J.A.C. 1:1-3.3(b) and
(c).
(b) If 	the 	nonappearing 	party 	submits 	an 	explanation 	in
writing, a copy must be served on all other parties and the
other parties shall be given an opportunity to respond.
(c) If the judge receives an explanation:
1. If the judge concludes that there was
good cause for the failure to appear, the
judge 	shall 	reschedule 	the matter 	for
hearing; or
2. If the judge concludes that there was
no good cause for the failure to appear,
the judge may refuse to reschedule the
matter and shall issue an initial decision
explaining the basis for that conclusion…
I Conclude that the substitution of attorney receive after the date and time of the
scheduled hearing date does not constitute good cause for the petitioner school board
and/or their representative to have failed to appear, as the matter was set down for a

OAL DKT. NO. EDU 06545-23
4
hearing several months in advance and proper notice was issued by the OAL. I further
Conclude that R.J. has provided no explanation for their failure to appear at the
November 30, 2023, hearing.
Based on my conclusions above, and in conjunction N.J.A.C. 1:1-14.4 as cited
above, I, hereby, direct the Clerk to return the matter to the transmitting agency for
appropriate disposition pursuant to N.J.A.C. 1:1-3.3(b) and (c).
ORDER
Based upon the foregoing, it is ORDERED that the foregoing matter shall be
returned to the Commissioner of the Department of Education.
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 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 06545-23
5
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.
December 1, 2023
DATE 	JUDE-ANTHONY TISCORNIA, ALJ
Date Received at Agency: 	12/1/23
Date Mailed to Parties: 	12/1/23
id