Administrative Law Judge Search Results


Administrative Law Decisions


Docket No.: abc09775-97
Decided: 1998-04-17
Caption: RANI PRASAD T/A PLAINFIELDLIQUOR, INC., v. GOVERNING BODY OF THE CITYOF PLAINFIELD,
Judge: BARBARA A. HARNED,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY In this case, appellant Rani Prasad, T/A Plainfield Liquor, Inc. (“Prasad”), appeals from the September 29, 1997, denial of her application for a person-to-person and place-to-place transfer of a plenary retail consumption license by respondent the Governing Body of the City of Plainfield (“Plainfield”). Prasad's Petition of Appeal was filed with the Division of Alcoholic Beverage Control (“Division”) on October 6, 1997. The matter was transmitted to the Office of Administrative Law (“OAL”) on October 21, 1997, for hearing 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. An Answer on behalf of Plainfield was filed with the OAL on November 14, 1997. Appellant thereafter moved to have this matter heard as an accelerated case pursuant to N.J.A.C. 1:1-9.4. Respondent Plainfield consented to this request and the Division agreed to the accelerated proceeding. Accordingly, appellant's motion was granted by the undersigned and a telephone conference call was held on January 12, 1998, at which time the hearing was scheduled for March 9 and 10, 1998. The hearing was held on those days and the record closed on March 10, 1998. FACTUAL DISCUSSION AND FINDINGS

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Docket No.: abc3624-96
Decided: 1997-11-19
Caption: MGA RESTAURANT CORPORATIONObjector, v. CITY OF JERSEY CITY, andAPG CORPORATION,
Judge: BEFORE: JEFFREY A. GERSON,
Summary:
STATEMENT OF CASE In this matter, MGA Restaurant Corporation (MGA) objects to the granting of a place-to-place transfer of the Alcoholic Beverage Control license of APG Corporation (APG) and to the renewal thereof.

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Docket No.: abc5021-97
Decided: 1998-05-20
Caption: IN THE MATTER OF 7709 LICENSE CORP.,LICENSE NO. 0908-33-035-007
Judge: MARIE P. SIMONELLI, A.L.J
Summary:
STATEMENT OF THE CASE Petitioner requested the issuance of a new liquor license upon its failure to timely renew its old license for the 1996-97 license term. Respondent, the Division of Alcoholic Beverage Control (the ABC), denied petitioner's request based upon its determination that it was without jurisdiction to consider the request because petitioner did not timely apply for renewal of its old license.

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Docket No.: abc6875-97
Decided: 1998-02-19
Caption: IN THE MATTER OF EDUARDO VEGA
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter is to determine whether property seized pursuant to N.J.S.A. 33:1-66 shall be forfeited. On September 2, 1997, the matter was transmitted to the Office of Adminis-trative Law (OAL) for hearing 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. A settlement conference was scheduled to be held on October 9, 1997, at Mercerville, New Jersey, at 1:30 p.m. Neither Eduardo Vega nor his representative appeared at that place on that date or time, nor did the administrative law judge assigned to conduct the settlement conference receive a telephone call or other correspondence from Vega before, during or after the scheduled settlement conference. A Notice of Plenary Hearing was mailed to Vega on December 18, 1997, advising that the hearing in this case would be held on Monday, January 5, 1998, at Mercerville, New Jersey, at 2:00 p.m. No one appeared for Vega at the said date, place and time. The matter was heard ex parte at that time. Witnesses who testified and exhibits admitted into evidence are listed in the appendix.

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Docket No.: abc700-97
Decided: 1998-02-19
Caption: SOUTH, INC. T/A 12 SOUTH, v. MUNICIPAL BOARD OF ALCOHOLICBEVERAGE CONTROL OF THE CITYOF ATLANTIC CITY,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Docket No.: abc7314-97
Decided: 1998-06-12
Caption: BROWNSTONE INN, INC., v. TOWNSHIP OF WYCKOFF,
Judge: RICHARD McGILL,
Summary:
This matter is an appeal in which Brownstone Inn, Inc. (appellant) seeks relief from two special conditions imposed upon its license renewal by the Township of Wyckoff (respondent) for the 1997-98 license term. One special condition requires a parking lot attendant on Thursday, Friday and Saturday evenings from 5:30 p.m. to midnight to prevent parking on private property owned by others in the neighbor with particular reference to three adjacent lots. The other special condition requires appellant to place an individual at the door at closing to advise patrons to adhere to proper conduct in exiting. At issue in this proceeding is whether these special conditions are necessary and proper within the meaning of N.J.S.A. 33:1-32. PROCEDURAL HISTORY

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Docket No.: abc7446-97
Decided: 1998-08-04
Caption: DIVISION OF ALCOHOLIC BEVERAGE CONTROL, v. LA TAVERNA DE SAN ROMAN, INC.T/A LA TAVERNA DE SAN ROMAN,
Judge: LINDA BAER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY On January 28, 1997, respondent was notified by the Division of Alcoholic Beverage Control (ABC) that they were being charged with one count of sale after the legal hour and one count of lewd activity on the licensed premises. This matter was transmitted to the Office of Administrative Law (OAL) on July 30, 1997 for determination as a contested case. The matter was scheduled to be heard before the undersigned at 9:00 a.m. on June 22, 1998. On June 22, 1998 petitioner's counsel and two witnesses appeared for ABC. There was no appearance for or on behalf of respondent. After waiting until 10:00 a.m., ex parte testimony was taken and the matter held for twenty four (24) hours until June 23, 1998. A decision will be rendered based upon the ex parte testimony.

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Docket No.: abc8176-97
Decided: 1998-06-09
Caption: DIVISION OF ALCOHOLICBEVERAGE CONTROL, v. STEARMAN, INC., T/ABLUE MOON BUS STOP,3417 WHITE HORSE PIKE,MULLICA, NJ08037
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The Division of Alcoholic Beverage Control (ABC) charged the licensee with eleven counts and the licensee requested a fair hearing. The matter was transmitted to the Office of Administrative Law (OAL) to be heard as a contested case pursuant to the Administrative Procedures Act N.J.S.A. 52:14B-1 to -15, and the act creating the OAL N.J.S.A. 52:14F-1 to -13.

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Docket No.: abc8251-97
Decided: 1998-06-25
Caption: WOODBURY COUNTRY CLUB INC. v. CITY OF WOODBURY,
Judge: BRUCE R. CAMPBELL,
Summary:
The petitioner, Woodbury County Club, appeals denial of a place-two-place transfer application by the respondent City. The petitioner asserts the denial is arbitrary and capricious and without foundation and seeks an order reversing the denial.

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Docket No.: abc9636-96
Decided: 1998-04-20
Caption: IN THE MATTER OF THE PETITION OF CONSOLIDATED PARKER, INC.
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Consolidated Parker, Inc. filed petitions for relief pursuant to N.J.S.A. 39:1-12.39 with the Division of Alcoholic Beverage Control (Division) for the 1996-1997 and 1997-1998 license terms. On the date of the hearing the parties agreed to settle these matters. The terms of the consent agreement provided that the licensee would be granted relief for the two license terms; however, if the licensee failed to activate his license by June 30, 1998, the license would lapse.

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Docket No.: atg6507-98
Decided: 1998-08-05
Caption: CARRIE MITNICK, v. CARL MAYER,
Judge: ROBERT W. SCOTT,
Summary:
On July 27, 1998, the respondent, Carl Mayer, filed a nominating petition for member of the House of Representatives, for the general election 1998, with the New Jersey Division of Elections. On July 30, 1998, the petitioner filed an objection to the respondent's petition with the Secretary of State. On July 31, 1998, the Division of Elections notified the petitioner that her objection would be referred to the Office of Administrative Law. On August 3, 1998, the Division of Elections referred the matter to the Office of Administrative Law for determination as a contested case. The parties were notified that a hearing would be held on August 4, 1998. Though the matter was originally assigned to another administrative law judge, the matter was referred to the undersigned on August 4, 1998. Prior to formally going on the record, I met with counsel and discussed the issues in this case and heard their arguments. After reviewing the petition, I opened the record giving the petitioner an opportunity to present evidence. At this time the petitioner requested that the matter be adjourned, to allow the petitioner the opportunity to contact and depose or subpoena those individuals who had signed the respondent's petition. This request was denied. As indicated above, the undersigned has examined the petition of the respondent, to be a candidate for the House of Representatives in the 1998 general election. The respondent's petition consisted of three booklets containing 211 signatures. All three booklets contained an affidavit from a person who circulated the petition booklets and witnessed the signatures. The signatures of the circulator were understandable and his address was clearly stated. The signature of the circulator was acknowledged by a notary public.

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Docket No.: atg6508-98
Decided: 1998-08-05
Caption: DEMOCRATIC STATE COMMITTEE, v. CARL MAYER,
Judge: ROBERT W. SCOTT,
Summary:
On July 24, 1998, Beverly Kidder filed a Petition of Nomination for member of the House of Representatives for the 1998 general election with the Division of Elections. On July 27, 1998, Madelyn R. Hoffman filed a Petition of Nomination for member of the House of Representatives for the 1998 general election with the Division of Elections. Both petitions were for the 12th Congressional District, Ms. Kidder running as a candidate of the Reform Party and Ms. Hoffman running as a candidate of the Green Party. On July 31, 1998, the petitioner filed an objection with the Board of Elections as to these two petitions. The petitioner alleged that the petition of Ms. Hoffman had been tampered with by whiteouts and had been circulated by the respondent, Carl Mayer. The petitioner claimed that the respondent had signed the petitions of both Hoffman and Kidder. On August 3, 1998, the Division of Elections referred the matter to the Office of Administrative Law for determination as a contested case. This matter was heard along with Mitnick v. Mayer, OAL Dkt. No. ATG 6507-98. At the beginning of the hearing, the undersigned pointed out to the petitioner that I thought that two necessary parties had not been notified of the proceedings. That being candidates Kidder and Hoffman. The undersigned advised the petitioner that I was willing to allow the petitioner to amend its objection and serve notice upon these two candidates if it so desired. This offer was not accepted by the petitioner.

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Docket No.: bds10628-94
Decided: 1998-02-24
Caption: IN THE MATTER OF THE SUSPENSIONOR REVOCATION OF THE LICENSE OFJOHN G. COSTINO, JR. , D.O.,LICENSE NO. 25758,TO PRACTICE MEDICINE AND SURGERYIN THE STATE OF NEW JERSEY
Judge: ROBERT S. MILLER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY On September 27, 1994, the Attorney General of New Jersey (complainant) filed a three-count complaint against respondent John G. Costino, Jr., D.O., seeking to impose sanctions against him for violating N.J.S.A. 45:1-13, N.J.S.A. 45:1-21(c), (d), and (e), and N.J.S.A. 45:9-16, and for failing to fulfill the statutory requirement of maintaining a good moral character, in violation of N.J.S.A. 45:9-6. The essence of the complaint was that respondent had traded drugs for sex with respect to two female patients and had over-prescribed and inappropriately prescribed controlled dangerous substances to those two patients, as well as to a third patient.

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Docket No.: bki10288-96
Decided: 1997-10-27
Caption: ANTHONY MELENDEZ, v. HARLEYSVILLE INSURANCE COMPANY,
Judge: JOSEPH F. FIDLER,
Summary:
STATEMENT OF THE CASE Petitioner Anthony Melendez challenges respondent Harleysville Insurance Company's determination to issue petitioner a Notice of Nonrenewal of his automobile insurance policy, pursuant to N.J.S.A. 17:33B-17, N.J.A.C. 11:3-8.4(a), and N.J.A.C. 11:3-34. Respondent contends that it properly determined that petitioner no longer qualifies as an eligible person for coverage because of his accumulation of nine or more automobile insurance eligibility points PROCEDURAL HISTORY

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Docket No.: bki139-96
Decided: 1998-03-16
Caption: ELIZABETH RANDALL, NEW JERSEYCOMMISSIONER OF INSURANCE, v. MERICAN GROUP OF NEW JERSEY,INC. AND ASHRAF GOUDA,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY In this matter, petitioner, the Commissioner of Insurance, issued Order to Show Cause No. 95-47 requiring respondents to show cause why respondents' insurance producer licenses should not be revoked or suspended and respondents fined pursuant to N.J.S.A. 17:22A-17(a) and (b). By Request for Administrative Hearing and Answer to Order to Show Cause dated December 28, 1995, respondent American Group of New Jersey, Inc., (American Group) requested an administrative hearing. The matter was transmitted to the Office of Administrative Law (OAL) on January 17, 1996, for hearing as a contested case. The matter was assigned to the undersigned Administrative Law Judge (ALJ) on January 24, 1996, and the ALJ scheduled the matter for hearing commencing on February 15, 1996. Prior to the scheduled hearing date, the attorneys for all parties requested a telephone conference and during the telephone conference the attorneys for the respective parties requested that the hearing scheduled for February 15, 1996, be adjourned and that the issue of liability be handled by way of motion for summary decision. Accordingly, a Letter Order was entered on February 16, 1996, adjourning the hearing and scheduling the matter for consideration by way of motion for a partial summary decision on the issue of liability.

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Docket No.: bki1889-97
Decided: 1997-12-02
Caption: ELIZABETH RANDALL, COMMISSIONER,DEPARTMENT OF BANKING AND INSURANCE, v. GEORGE PICCOLA,
Judge: STEPHEN G. WEISS,
Summary:
PROCEDURAL HISTORY This matter was transmitted to the Office of Administrative Law by the Department of Insurance as a contested case in February 1997 following issuance of an Order to Show Cause by the petitioner, Elizabeth Randall, Commissioner of the Department of Banking and Insurance, requiring the respondent, George Piccola, to demonstrate why his resident insurance producer license issued in 1991 should not be suspended or revoked and that he be subject, as well, to penalties including fines, reimbursement of costs, etc. See, N.J.S.A. 17:22A-17(a) and 22A-17(b). The Order to Show Cause alleged that in August 1991, when Piccola applied for an individual producer license, and in answer to questions concerning whether he ever had been convicted of a crime or filed for bankruptcy, falsely answered in the negative. According to the allegations, neither answers were true because: (1) he had pled guilty and was convicted in February 1978 in the United State District Court, District of New Jersey, for conspiring to misapply and cause to be misapplied bank funds, etc.; (2) that in March 1980 he was convicted in the Superior Court of New Jersey, Law Division, Morris County, of violations involving fraud; and (3) in May 1976 he had filed a bankruptcy petition with the United States Bankruptcy Court.

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Docket No.: caf10190-97
Decided: 1998-06-24
Caption: CAMERON C. TROILO, INC., v. RAYMOND M. REDDING ANDBUREAU OF HOMEOWNERPROTECTION, NEW HOMEWARRANTY PROGRAM,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner appeals from the Bureau of Homeowner Protection (Bureau) decision granting the homeowner's claim respecting improper grading of the premises and accumulation of water at the entrance to the mechanical room, and requiring corrective action on the part of the petitioner. The matter was transmitted to the Office of Administrative Law (OAL) on November 19, 1997, for hearing as a contested case. The matter was scheduled for hearing on May 21, 1998, and on that date a hearing was held and concluded and the record closed.

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Docket No.: caf10298-96
Decided: 1998-01-29
Caption: MITCHELL AND FLORENCE LICHTMAN v. DEPARTMENT OF COMMUNITY AFFAIRS,BUREAU OF HOMEOWNER PROTECTION,NEW HOME WARRANTY PROGRAM,
Judge: STEVEN C. REBACK,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY On October 17, 1997, the respondent, Bureau of Homeowner Protection, New Home Warranty Program (“Bureau”) issued a letter to counsel for the petitioners in respect to their claim for new home warranty coverage pursuant to the New Home Warranty and Builders Registration Act, N.J.S.A. 46:3B-1 to -20, and the regulations promulgated under this statute, N.J.A.C. 5:25-1.1 to 5.5. The petitioners submitted their claim for a variety of what they perceived to be major structural defects to their home as defined at N.J.A.C. 5:25-1.3. In its October 17, 1997 letter the Bureau granted several claims and denied most of the others concluding that they did not constitute major structural defects as defined by the foregoing regulation. Thereafter, petitioners requested a hearing disputing those defects, for which the Bureau denied new home warranty coverage, and that request was granted. Thereafter, on November 20, 1996, the matter was transmitted to the Office of Administrative Law (OAL) 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. Following several adjournments of the matter the case was heard on October 28, 1997 at the Office of Administrative Law, Mercerville, New Jersey.

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Docket No.: caf10645-96
Decided: 1998-03-16
Caption: LOUIS LAURETI, v. DEPARTMENT OF COMMUNITY AFFAIRS,DIVISION OF CODES AND STANDARDS,BUREAU OF CODE SERVICES,
Judge: KATHRYN A. CLARK,
Summary:
PROCEDURAL HISTORY The Department of Community Affairs, Bureau of Code Services also issued a “Notice of Violation and Order to Pay Penalty” against Louis D. Laureti, Asbestos Safety Technician (petitioner Laureti), for violation of N.J.A.C. 5:23-8.15(b)9i, in that petitioner did not use a digital manometer with a continuous printout, or other approved low pressure monitoring device, during an asbestos abatement project.. Laureti was issued a six month suspension and a penalty in the amount of $500.00, on September 19, 1996.

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Docket No.: caf11024-96
Decided: 1998-03-11
Caption: SOKOLOSKY, WILLIAM D. v. BUREAU OF REGULATORY AFFAIRS,
Judge: BARBARA A. HARNED
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY On August 22, 1996, respondent Bureau of Regulatory Affairs, Division of Codes and Standards, Department of Community Affairs (Bureau), sent a Notice of Violation and Order to Revoke licenses to petitioner, William D. Sokolosky. In the Notice, the Bureau asserted that Mr. Sokolosky obtained Construction Official and Building Subcode Official licenses on April 18, 1994, by misrepresenting the required experience for said licenses. As a result of this alleged violation, the Bureau sought to revoke Mr. Sokolosky's licenses to practice as Construction Official and Building Subcode Official as well as his license as a Building Inspector H.H.S.

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Docket No.: caf12444-95
Decided: 1997-10-20
Caption: GABRIEL QUIROZ, v. DEPARTMENT OF COMMUNITYAFFAIRS, BUREAU OF ROOMINGAND BOARDING HOUSE STANDARDS,
Judge: MARIE P. SIMONELLI, A.L.J
Summary:
STATEMENT OF THE CASE Petitioner, Gabriel Quiroz (Mr. Quiroz), appeals the Commissioner's Notice of Statutory Violation and Order to Pay Penalty, dated November 20, 1995 (the Order).

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Docket No.: caf160-98
Decided: 1998-06-08
Caption: MARK ZIEGAST, v. CITY OF ASBURY PARK,
Judge: BEFORE: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter is petitioner's (Ziegast's) appeal of respondent's (Asbury Park's) denial of Relocation Assistance to Ziegast upon Ziegast's vacating of premises at 218 Fourth Avenue, Asbury Park (Premises). The issue to be considered is whether the conditions under which Ziegast vacated the premises constitute a “displacement” as defined by N.J.S.A 52:31b-3(e), N.J.S.A 20:4-3(c), or N.J.A.C. 5:11-1.2.

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Docket No.: caf2162-97
Decided: 1998-04-15
Caption: MARK AND WENDY HUEFTLE v. BUREAU OF HOMEOWNERPROTECTION,
Judge: ROBERT W. SCOTT,
Summary:
On September 9, 1996, the petitioners submitted a claim with the respondent under the New Home Warranty Program. The petitioners' claim concerned the roof and their kitchen floor at their home at 1634 Hollywood Avenue, in Chews Landing, New Jersey. On October 11, 1996, the respondent granted a portion of the petitioners' claim as to their roof and denied the claim as to the kitchen floor. On January 9, 1997, the petitioners requested a hearing concerning their claim and on March 10, 1997, the matter was transmitted to the Office of Administrative Law for determination as a contested case. A hearing was held and the property was inspected by the undersigned. DISCUSSION

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Docket No.: caf2244-98
Decided: 1998-05-29
Caption: THE BUNGALOW CORPORATION, v. NEW JERSEY TURNPIKEAUTHORITY,
Judge: BERNARD GOLDBERG,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner claims that the New Jersey Turnpike Authority (NJTA) has not provided adequate relocation assistance for its restaurant as required by the Relocation Assistance Act, N.J.S.A. 20:4-1 et seq., as amended, and the Act's implementing regulations for the provision of relocation assistance to businesses, N.J.A.C. 5:11-3.8 to -3.13. A hearing was requested and the matter was transmitted to the Office of Administrative Law (OAL) for determination as a contested case, pursuant to N.J.S.A. 52:14F-1 to -13.

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Docket No.: caf2262-97
Decided: 1998-01-14
Caption: BUREAU OF HOUSING INSPECTION, v. GEORGE HARPER, OWNER OF473-75 MARTIN LUTHER KINGBOULEVARD, TRENTON, NEWJERSEY,
Judge: ROBERT W. SCOTT,
Summary:
The respondent seeks relief from an administrative order of the Commissioner of the Department of Community Affairs, dated January 24, 1997. That order provided for an administrative penalty of $7,250 to be paid by the respondent for violations of the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq. On February 12, 1997, the respondent requested a hearing and on March 17, 1997, the matter was transmitted to the Office of Administrative Law for determination as a contested case and a hearing was conducted in the Office of Administrative Law. At the hearing Inspector Zayas testified that he inspected the property in question, 473-75 Martin Luther King Boulevard in Trenton, New Jersey, on three different occasions; February 26, 1996, July 29, 1996 and December 20, 1996. After his first inspection on February 26, 1996, an inspection report and order of compliance was sent to the respondent indicating that the inspector had found approximately 59 violations of the Hotel and Multiple Dwelling Law. Most of the violations concerned self-locking doors, broken window glass, missing door security chains and smoke detectors.

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Docket No.: caf2400-97
Decided: 1998-01-20
Caption: RONALD ZECK,T/A ZECK BUILDERS, v. BUREAU OF HOMEOWNER PROTECTION/NEW HOME WARRANTY PROGRAM,
Judge: WALTER F. SULLIVAN,
Summary:
Ronald Zeck appealed a Notice of Violation and Suspension of Builders Registration License issued by the New Home Warranty Program arising from an arbitration award favoring certain individuals for whom he had built a house in Swedesboro, New Jersey. The Director characterized the matter as a contested case and transmitted it to the Office of Administrative Law for disposition pursuant to the Administrative Procedure Act. Notwithstanding certain expressions of difficulties with respect to discovery sought by Mr. Zeck, the hearing was held on October 20, 1997. The parties were given until December 29, 1997, to submit proposed findings of fact and rulings of law. The record closed on that date.

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Docket No.: caf258-97
Decided: 1998-03-23
Caption: IN THE MATTER OF 1401 OCEAN AVENUE,ASBURY PARK
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE This is the appeal of the imposition of a $16,500 penalty assessed against 1401 Ocean Avenue, Asbury Park (“Berkeley Carteret”) for failure to abate violations alleged in Inspection Report and Orders of the Commissioner (Exhibit P-2).

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Docket No.: caf2829-97
Decided: 1998-03-26
Caption: IN THE MATTER OF 333 WEST STATE STREET, TRENTON
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter arises from the request of Barbruce Realty Company (“Barbruce”), owners of 333 West State Street, Trenton, for a hearing to contest alleged violations of the Hotel and Multiple Dwelling Administrative Code, the $28,000 penalty imposed against Barbruce, and a $5,440 reinspection fee charged to Barbruce.

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Docket No.: caf2889-97
Decided: 1998-01-28
Caption: BUREAU OF ROOMING ANDBOARDING HOUSE STANDARDS, v. THELMA GIORDANO,
Judge: ANTHONY T. BRUNO,
Summary:
This matter having been brought before Administrative Law Judge Anthony T. Bruno by motion of Estelle Bronstein, Esquire (Hunterdon County Legal Service Corporation), attorneys for respondent, for an Order enforcing the settlement offer made in the above captioned matter and for summary decision containing the terms of said settlement offer, and the undersigned having read and considered the Certification of Thelma Giordano and Estelle Bronstein, Esq., and the letter memorandum submitted in support of said motion, and the letter brief filed by Keith A. Costill, Esq., Deputy Attorney General, in opposition to respondent's motion I FIND the following to be FACTS relevant to this application:

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Docket No.: caf3112-97
Decided: 1997-10-24
Caption: EXECUTIVE ABATEMENT IND., v. DEPARTMENT OF COMMUNITYAFFAIRS, BUREAU OF CODESERVICES,
Judge: MARIE P. SIMONELLI, A.L.J
Summary:
STATEMENT OF THE CASE Petitioner, Executive Abatement Ind. (EAI), appeals the Commissioner's Notice of Violation and Order to Pay Penalty, dated November 22, 1996 (the Order).

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Docket No.: caf3227-98
Decided: 1998-08-07
Caption: 11634-C119 60TH ST. WEST NEW YORK MARSAR WEST ASSOCIATES, v. DEPARTMENT OF COMMUNITY AFFAIRS,BUREAU OF HOUSING INSPECTION,
Judge: LINDA BAER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner Marsar West Associates filed a request for a fair hearing with the Department of Community Affairs (DCA) Bureau of Housing (BHI). Petitioner has appealed from the determination of the inspection report and Order of the Commissioner dated January 23, 1998 which reported on an inspection done on their premises on October 22, 1997. The matter was transmitted by the DCA/BHI to the Office of Administrative Law (OAL) on March 17, 1998 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. The matter was scheduled for a settlement conference at the OAL, 185 Washington Street, Newark, New Jersey on May 26, 1998. The agency representative was unable to attend and the settlement conference was rescheduled for June 25, 1998. The matter did not settle and the parties agreed that the hearing would be scheduled on July 14, 1998 at 9:00 a.m. at the OAL. At 10:15 a.m. on July 14, 1998, respondent requested the undersigned administrative law judge take ex parte testimony pursuant to N.J.A.C. 1:1-24.4(c) which reads as follows:

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Docket No.: caf3228-98
Decided: 1998-08-07
Caption: 078681-A1162 59TH ST. WEST NEW YORK MARSAR WEST ASSOCIATES, v. DEPARTMENT OF COMMUNITY AFFAIRS,BUREAU OF HOUSING INSPECTION,
Judge: LINDA BAER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter was transmitted by the Department of Community Affairs, Bureau of Housing Inspection, to the Office of Administrative Law (OAL) on March 17, 1998 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. This matter was scheduled for a settlement conference at the OAL, 185 Washington Street, Newark, New Jersey on May 26, 1998. The agency representative was unavailable and the settlement conference was rescheduled for June 25, 1998. The matter did not settle but the hearing date of July 14, 1998 was arranged with representatives of the parties. Accordingly, I FIND the parties had notice of the July 14, 1998 hearing. The matter was scheduled to be heard at 1:30 p.m. on July 14, 1998. At 2:15 p.m. respondent requested that the administrative law judge take ex parte testimony pursuant to N.J.A.C. 1:1-24.4(c) which reads as follows:

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Docket No.: caf3629-96
Decided: 1998-04-05
Caption: 20414366-68 S. 11th ST., NEWARK,MANNS , v. DEPARTMENT OF COMMUNITY AFFAIRS,BUREAU OF HOUSING INSPECTION,
Judge: MARYLOUISE LUCCHI-McCLOUD,
Summary:
Petitioner appeals from a Notice of Violation and Order to Pay Penalty of $500 dated January 5, 1996. A timely request for a hearing was made by counsel for petitioner by way of notice dated January 30, 1996 and received by the Bureau of Housing Inspection on February 1, 1996. On April 4, 1994 the matter was transmitted to the Office of Administrative Law (OAL) 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. An unsuccessful settlement conference was held on June 4, 1996 and as a result, the matter was scheduled for a hearing on July 1, 1997. On that date the matter was adjourned due to the illness of the ALJ. The matter was rescheduled for January 13, 1998 at the OAL, 185 Washington Street, Newark, New Jersey. On that date testimony was taken and the hearing record closed. The forty-five day statutory period within which to file the with the Bureau of Housing Inspection was to expire on February 27, 1998. A request for an order of extension was made due to the heavy caseload of the ALJ. That request was granted and the time limit for filling the was extended until April 13, 1998.*

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Docket No.: caf4021-98
Decided: 1998-06-23
Caption: GARY STEVENS, v. DEPARTMENT OF COMMUNITY AFFAIRS,BUREAU OF HOUSING AND COMMUNITYRESOURCES,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner appeals from a denial of his application for assistance under the Homelessness Prevention Program, N.J.S.A. 52:27D-280 to -287. Petitioner seeks $2,400 for past due rent. Respondent Bureau of Housing Services (Bureau), Department of Community Affairs, contests petitioner's appeal alleging, among other things, that petitioner is not homeless and nor will he be under a settlement agreement he has reached with his landlord.

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Docket No.: caf4148-97
Decided: 1998-04-08
Caption: JAMES AND SHERRY MAC KENZIE,s, v. DEPARTMENT OF COMMUNITYAFFAIRS, BUREAU OF HOMEOWNERPROTECTION, NEW HOME WARRANTYPROGRAM,
Judge: BERNARD GOLDBERG,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioners appeal the decision of the Bureau of Homeowner Protection (BHP) denying in part their claim under the New Home Warranty (#60302) commencing May 31, 1987. The warranty was issued to A. Fonseca and Company, Inc., the builder on behalf of the former home owners. Petitioners purchased the house on June 30, 1995, and their appeal was made in the tenth year of the warranty. A hearing was requested on March 6, 1997, and the matter was transmitted to the Office of Administrative Law (OAL) for determination as a contested case, pursuant to N.J.S.A. 52:14F-1 to -13.

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Docket No.: caf4536-97
Decided: 1997-12-17
Caption: ENVIRONMENTAL MONITORING &CONSULTING ASSOCIATES, v. DEPARTMENT OF COMMUNITY AFFAIRS,DIVISION OF CODES AND STANDARDS,BUREAU OF CODE SERVICES,
Judge: KATHRYN A. CLARK,
Summary:
STATEMENT OF THE CASE These facts were not disputed: The petitioner, Environmental Monitoring and Consulting Associates (hereinafter EMCA), has been a licensed Asbestos Safety Control Monitor (hereinafter ASCM), in accordance with N.J.A.C. 5:23-8.11, since 1986.

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Docket No.: caf5991-97
Decided: 1998-08-24
Caption: IN THE MATTER OF 158 CHESTNUT AVENUE, JERSEY CITY
Judge: SEBASTIAN GAETA, JR.,
Summary:
STATEMENT OF CASE Respondent, owner of the multiple dwelling at 158 Chestnut Avenue, Jersey City, New Jersey, seeks review of the Bureau of Housing Inspection that alternating current smoke detectors be installed in common areas of the premises.

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Docket No.: caf6287-97
Decided: 1998-03-30
Caption: DONALD DRESSEL ANDJENNIFER DRESSEL,s, v. GIAQUINTO BROTHERS ANDBUREAU OF HOMEOWNERPROTECTION/NEW HOMEWARRANTY PROGRAM,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This is the appeal of Donald Dressel and Jennifer Dressel (“Dressel”) of the decision by the Bureau of Homeowner Protection/New Home Warranty Program (“BHP/NHWP”) the Giaquinto Brothers (“Giaquinto”) replacement of stair treads and stringers on front steps of Dressel's home at 10 Oakwood Terrace, Jamesburg, is in full compliance with New Jersey New Home Warranty Regulations, N.J.A.C. 5:25-3.5.

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Docket No.: caf6373-97
Decided: 1998-04-17
Caption: TERRY CLARK MATHIS ANDOLIVE MATHIASEN,s, v. BOROUGH OF BRADLEY BEACH,
Judge: ROBERT W. SCOTT,
Summary:
This matter concerns the payment of relocation benefits pursuant to the Relocation Assistance Law (N.J.S.A. 52:32B-1 et seq.) and the Relocation Assistance Act (N.J.S.A. 20:4-1 et seq.). On April 23, 1997, the petitioners filed a request for relocation assistance with the respondent. This request was denied by the respondent sometime prior to May 27, 1997. On May 27, 1997, the petitioners appealed the respondent's action to the Department of Community Affairs. On June 26, 1997, the Department of Community Affairs concluded that the petitioners were eligible for relocation assistance, in the form of moving expenses and rental assistance and that these payments were the obligation of the respondent. On July 2, 1997, the respondent requested a hearing and on July 30, 1997, the matter was transmitted to the Office of Administrative Law for determination as a contested case. A hearing was scheduled for March 27, 1998, at the Office of Administrative Law, 9 Quakerbridge Plaza, Mercerville, New Jersey. The petitioners did not appear, but were represented by counsel. At the hearing the respondent presented evidence that the petitioners moved on their own accord, after being advised by the respondent that their apartment had to be cleaned up, if the petitioners wanted to remain in the same. Also, the petitioners had to pay utility expenses to maintain utility service to their apartment.

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Docket No.: caf668-98
Decided: 1998-09-10
Caption: DELORES ETTORE, v. BUREAUOF HOMEOWNERPROTECTION,
Judge: ROBERT W. SCOTT,
Summary:
In May of 1996 the petitioner submitted a claim to the respondent under the New Home Warranty Program. In July of 1996 the petitioner's home was inspected by a representative of the respondent and that inspection dealt with the foundation at the front entry of the petitioner's home. The home was built in 1987, and the respondent accepted the petitioner's claim as a major structural defect concerning the foundation at the front entry. Bids were issued, rejected, accepted and referred to a builder for this repair from November 1996 through June of 1997. In September of 1997 the petitioner refused to allow the accepted builder to repair the front entry of her home. It would appear that the petitioner had additional claims which the respondent accepted because the respondent did a second inspection on November 26, 1997. During this inspection the respondent's representative found vertical cracks in the basement walls of the petitioner's home. After this inspection the respondent reaffirmed its decision concerning the steps at the entry of the petitioner's home and awarded additional repairs to the walls of the petitioner's basement. Specifically, the award stated:

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Docket No.: caf7245-97
Decided: 1998-01-27
Caption: 40-42 MERCER STREET,JERSEY CITY , v. DEPARTMENT OF COMMUNITYAFFAIRS, DIVISION OF CODES ANDSTANDARDS, BUREAU OF HOUSINGINSPECTION,
Judge: MARIE P. SIMONELLI, A.L.J
Summary:
STATEMENT OF THE CASE Petitioner, Ismael Cruz (Mr. Cruz), appeals the Commissioner's Notice of Statutory Violation and Order to Pay Penalty, dated June 11, 1997 (the Order).

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Docket No.: caf7376-95
Decided: 1998-02-05
Caption: IN THE MATTER OF33A EVERGREEN AVENUEWOODBURY, NEW JERSEY
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The issue in this matter, as defined in appellant's trial brief is: whether the smoke detector systems installed on the first floor level of the common areas of an apartment complex at the address in question must be interconnected with the pre-existing smoke detector system on the second floor of the common areas, or is exempted by N.J.S.A. 5:18-4.9(a)5. The Bureau of Housing Inspection (Bureau) rejected property owner's (Related Management's) claim of exemption from compliance with N.J.A.C. 5:18-4.9 and issued an Order to Abate Violations and to pay a penalty of $6,000.

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Docket No.: caf790-98
Decided: 1998-09-22
Caption: BUREAU OF CODE SERVICES, v. LOUIS LAURETI,
Judge: ROBERT W. SCOTT,
Summary:
On December 19, 1997, the petitioner served a Notice of Revocation and an Order to Pay Penalty on the respondent, alleging that the respondent had committed violations of the New Jersey Administrative Code, concerning the license of the respondent as an asbestos safety technician. It was alleged that the respondent had failed to inspect and had violated asbestos removal requirements pertaining to the Asbestos Abatement Project at the Belleville Town Hall, in Belleville, New Jersey. On January 14, 1998, the respondent requested a hearing and on February 11, 1998, the matter was transmitted to the Office of Administrative Law. A settlement conference was conducted on June 30, 1998, and the matter was not resolved. A hearing was scheduled for September 22, 1998.

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Docket No.: caf82-97
Decided: 1997-11-13
Caption: DEPARTMENT OF COMMUNITY AFFAIRS,DIVISION OF CODES AND STANDARDS,BUREAU OF HOUSING INSPECTION, v. 37 SOUTH IOWA AVENUE, ATLANTIC CITY,BIARRITZ CONDO ASSOCIATION/NICK RIGGIN,
Judge: KATHRYN A. CLARK,
Summary:
PROCEDURAL HISTORY The Department of Community Affairs, Bureau of Housing Inspection, issued an inspection report dated September 19, 1996 on the premises at 37 Iowa Avenue, Atlantic City (the Biarritz), a multiple dwelling covered by the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 to -20. Respondent Biarritz Condominium Association objected to this report and by letter dated October 8, 1996, requested a hearing. The matter was transmitted to the Office of Administrative Law (OAL) on January 8, 1997, to be heard 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.

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Docket No.: caf8370-97
Decided: 1998-06-26
Caption: JOHN T. MARRIOTT andTHERESA MARRIOTT,s, v. WIN BUCHANAN GENERAL BUILDINGCONTRACTOR, AND BUREAU OFHOMEOWNER PROTECTION/NEW HOMEOWNER WARRANTY PROGRAM,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter involves the homeowners' (Marriotts') complaint of major structural defects in the house constructed by Win Buchanan General Building Contractor (“Win Buchanan”) and the conclusion of the Bureau of Homeowner Protection/New Home Warranty Program (“BHP/NHWP”) that the six “foundation cracks” were “non-structural shrinkage cracks.”

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Docket No.: caf8680-97
Decided: 1998-04-06
Caption: B.J.F. & SONS, INC., v. BUREAU OF NEW HOMEOWNERS'PROTECTION AND NEW HOMEWARRANTY PROGRAM,
Judge: BERNARD GOLDBERG,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Docket No.: caf9069-97
Decided: 1997-11-25
Caption: robert and maryann donohue v. bureau of homeowner protection,new home warranty program
Judge: EDITH KLINGER,
Summary:
Petitioners, Robert and Maryann Donohue, filed a claim, CL-97-0381, with the New Home Warranty Program (NHWP) for defects present in their new home at 77 Tomahawk Trail, Sparta, New Jersey. The builder being unavailable, the State Plan assumed the responsibility to pay to have all warranted defects in the home corrected. All of the defects were corrected except for one involving the installation of “cultured stone” facing on a “bump-out” on the front exterior of the home. The petitioners did not agree with the repair proposed by the NHWP and requested a hearing on August 15, 1997. On September 12, 1997, the Department of Community Affairs transmitted the matter to the Office of Administrative Law (OAL) 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. The matter was set down for expedited hearing on October 29, 1997.

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Docket No.: csv4485-97
Decided: 1998-05-22
Caption: EMPLOYEES OF THE DEPARTMENTOF ENVIRONMENTAL PROTECTION,s, v. DEPARTMENT OF ENVIRONMENTALPROTECTION,
Judge: M. KATHLEEN DUNCAN,
Summary:
An concerning the appeal of 134 employees of the Department of Environmental Protection from their layoffs/demotions effective July 8, 1995, for reasons of economy, was issued by the undersigned on July 11, 1996. On April 10, 1997, the Merit System Board issued their decision remanding the matter to the Office of Administrative Law for the sole purpose of permitting Steven P. Weissman, Esquire, then attorney of record for all 134 appellants, to file a motion to be relieved as counsel. Although the decision of the Merit System Board states that it was issued April 10, 1997, the file was not transmitted to the Office of Administrative Law until June 2, 1997. A supplemental prehearing conference was conducted by the undersigned on July 23, 1997, at which time a schedule was established for submission and decision of Mr. Weissman's motion to be relieved as counsel. The arrangements were confirmed by letter dated July 24, 1997 to both counsel as follows: This will confirm, pursuant to our telephone conference call on July 23, 1997, that on or before September 5, 1997 Mr. Weissman will file a motion to be relieved as counsel, with proof of service upon each individual appellant covered by a CWA contract. The notice of motion will advise that any response to the motion must be filed no later than 5 p.m. on September 22, 1997 and that oral argument on the motion will take place at 10 a.m. on Monday, November 3, 1997 at the Trenton office of the Office of Administrative Law, 9 Quakerbridge Plaza, Mercerville, New Jersey. The notice of motion should also state that any individuals who have filed “bad faith” claims related to issues other than workweek change and who intend to proceed with their claims, either pro se or represented by other counsel, should be present on November 3, 1997 at 10 a.m. for an in-person prehearing conference. If there are any individual appellants who are not covered by CWA contracts, Mr. Weissman should provide to me a list of those names no later than September 5, 1997, and I will have the OAL clerk add those names to the service list for the in-person prehearing conference scheduled for November 3, 1997.

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Docket No.: cah10725-97
Decided: 1998-05-15
Caption: WINCHESTER CONSTRUCTION COMPANY, v. BOROUGH OF ROSELAND,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE Petitioner Winchester Construction Company (Winchester) is a developer seeking to construct inclusionary housing on a site located in respondent Borough of Roseland (Roseland). On June 9, 1997, Winchester filed a motion before the Council on Affordable Housing (COAH) seeking an order (a) granting an accelerated denial of Roseland's petition for substantive certification; (b) directing amendments of Roseland's land use ordinance to permit low and moderate income units to be constructed as townhouses or apartments and to eliminate other cost-generating provisions; (c) directing reversal of the denial of Winchester's preliminary major subdivision application and amendment of its preliminary major site plan approval for 274 multi-family dwelling units to permit development in the configuration sought by Winchester and to eliminate all cost-generating conditions; (d) directing Roseland to disgorge all escrow and other fees paid by Winchester in connection with the site plan and subdivision application, or, in the alternative, (e) to rezone Winchester's site for a density of 12 units to the acre with all units permitted as either townhouses or apartments. In addition to filing the subject motion, Winchester also filed an action in lieu of prerogative writ in Superior Court on June 13, 1997, challenging the Roseland Planning Board's decision as violative of the Municipal Land Use Law (MLUL). On July 9, 1997, Roseland filed a cross-motion seeking an order dismissing the objection of Winchester, granting substantive certification to Roseland or staying the matter pending a decision of the prerogative writ matter pending in Superior Court or transferring the matter to the Office of Administrative Law (OAL).

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Docket No.: cma00959-98
Decided: 1998-03-19
Caption: JOHN GRANO, v. NISSAN MOTOR CORPORATION,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY John Grano purchased a 1997 Altima GXE for cash from Route 66 Auto Galleria in Neptune, New Jersey on November 23, 1996. He filed for Lemon Law relief on January 30, 1998, pursuant to N.J.A.C. 56:12-29 to 12-49. The matter was transmitted to the Office of Administrative Law (OAL) 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.

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Docket No.: cma06756-98
Decided: 1998-09-04
Caption: VERNON M. BROWN, v. FORD MOTOR COMPANY,
Judge: JEFF S. MASIN,
Summary:
Vernon M. Brown filed an Application for Lemon Law Resolution with the New Jersey Division of Consumer Affairs, pursuant to N.J.S.A. 56:12-29 to -49 and applicable regulations adopted by the Division. Mr. Brown claims that the 1998 Ford Windstar Minivan, VIN 2FMZA51U6WBC42006 which he purchased from Bound Brook Ford, Inc., (“Bound Brook”) in Bound Brook, New Jersey, constitutes a so-called “Lemon” under the provisions of the Lemon Law. Ford denies the charge, and the Director of the Division of Consumer Affairs transmitted the contested case to the Office of Administrative Law, in accordance with N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. A hearing was held before this judge on August 25, 1998, and following the presentation of witnesses, exhibits and closing remarks, the record was closed. The parties agree that Mr. Brown has presented his vehicle to Ford, through Bound Brook Ford, on three occasions seeking repair of a claimed defect involving a purported noise heard in the front end of the minivan when the vehicle is turned. In addition, they agree that these repair requests were all received within the 18,000 mile limit permitted by N.J.S.A. 56:12-33 a. The vehicle had 10 miles on the odometer when purchased and at the time of the filing of the application the mileage was 7,600.

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Docket No.: cma10134-97
Decided: 1998-01-06
Caption: LORRAINE SZILAGYI, v. CHRYSLER MOTOR CORPORATION,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter arises under N.J.S.A. 56:12-29 to 12-49, commonly known as the Lemon Law Act. On November 18, 1997, the Division of Consumers Affairs transmitted petitioner's Lemon Law Dispute Resolution Application to the Office of Administrative Law for determination as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. A response by the manufacturer was forwarded to the Clerk of the Office of Administrative Law by letter dated November 18, 1997. The hearing commenced as scheduled on December 8, 1997 at the Trenton office of the Office of Administrative Law. Following the close of testimony, the record remained open for receipt of an affidavit of services from petitioner's counsel. Counsel's certification in that regard was received on December 10, 1997. By letter dated December 15, 1997, counsel for petitioner forwarded a copy of a case summary, Baksh v. Chrysler Motor Corporation, OAL DKT. NO. CMA 2536-97, which had appeared in the New Jersey Lawyer on Monday, December 8, 1997. Respondent's December 15, 1997 letter in response to counsel's affidavit of services was received on December 18, 1997, whereupon the record closed. FINDINGS OF FACT

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Docket No.: cma10201-97
Decided: 1997-12-19
Caption: KIM D. PASCO, v. NISSAN MOTOR CORPORATIONIN U.S.A.,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner seeks relief under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to -49 against respondent Nissan Motor Corporation In U.S.A. (Nissan) for alleged defects in a 1995 Nissan Pathfinder Sport Utility Vehicle purchased from Pine Belt Nissan Oldsmobile, Toms River, New Jersey, on January 12, 1996. In her Lemon Law Dispute Resolution Application petitioner alleges that respondent and its dealer failed to correct defects on more than three occasions involving noise in motor, vibration in motor, and petitioner alleges that these defects substantially impair the use, value and safety of the vehicle. The respondent denies that the alleged defects exist and denies that they are nonconformities which impair the vehicles use, value and safety.

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Docket No.: cma10216-97
Decided: 1998-01-06
Caption: LEE SCHAFFER, v. CHRYSLER MOTOR CORPORATION,
Judge: KATHRYN A. CLARK,
Summary:
STATEMENT OF THE CASE This matter concerns a dispute under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to -49 and the implementing regulations of the Division of Consumer Affairs (Division), N.J.A.C. 13:45A-26.1 to -26.15.

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Docket No.: cma10657-97
Decided: 1998-02-11
Caption: NARENDRA SOLANKI, v. TOYOTA MOTOR DISTRIBUTORS,
Judge: WALTER F. SULLIVAN,
Summary:
Narendra Solanki filed an application for relief with the Division of Consumer Affairs, on November 19, 1997 respecting a vehicle he purchased from Toyota Motor Sales USA, Inc. The application was supported by an affidavit and the records of a filing fee. As a result, the Director characterized the matter as a contested case and transmitted it to the Office of Administrative Law for disposition pursuant to the Administrative Procedure Act. A hearing was held on January 14, 1998, and the record closed on that date. Mr. Solanki testified that he had repeatedly experienced unsatisfactory performance from his vehicle, a Previa model van. He asserted (and Toyota did not refute) that he had brought his vehicle back to the dealership on four times and that the vehicle had been out of service on four occasions. He asserted further that the mileage on the vehicle was 1,020 miles at filing which is consistent with there being no problem of excessive wear and tear.

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Docket No.: cma1076-98_1
Decided: 1998-02-20
Caption: ROBERT PELLER, v. FORD MOTOR COMPANY
Judge: MUMTAZ BARI-BROWN,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Robert Peller, seeks relief under the New Jersey Lemon Law N.J.S.A. 56:12-29 to -49 from respondent, Ford Motor Company. On December 10, 1997, Peller filed a Lemon Law Dispute Resolution Application and alleged that the 1996 Mustang Cobra vehicle which he leased from Dayton Ford Dearlership on October 22, 1996 has defects which substantially impair the vehicle's use, safety, and market value. Specifically, the car overheats and the transmission locks in reverse position. Petitioner further claimed that the manufacturer's authorized dealers were not able to correct the problems.

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Docket No.: cma10860-97
Decided: 1998-02-10
Caption: JOHN AND DENISE QUISITO,s, v. PONTIAC - GMC DIVISION,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The petitioners John and Denise Quisito leased a GMC Jimmy 1997, four door, four wheel drive, sport utility vehicle from F.C. Kerbeck & Sons. They pay $368.57 per month to GMAC on a 30 month lease.

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Docket No.: cma10861-97
Decided: 1998-06-02
Caption: COLLEEN B. RAY, v. CHEVROLET MOTOR DIVISION -GENERAL MOTORS CORPORATION,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE Petitioner, Colleen B. Ray, seeks relief under the provisions of N.J.S.A. 56:12-29 through -49 (the Lemon Law, the Act). She sues for an appropriate refund and award of costs incurred during appeal, including the compensation of her expert and attorney. Petitioner grounded her appeal on the problems listed in the Lemon Law Dispute Resolution Application which was accepted by the Lemon Law Unit of the Division of Consumer Affairs on November 20, 1997.

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Docket No.: cma11036-97
Decided: 1997-11-17
Caption: JOHN A. CABEZA, v. CHRYSLER MOTOR corporation,
Judge: EDITH KLINGER,
Summary:
The following information was stipulated from petitioner's Lemon Law Dispute Resolution Application (Application) or agreed to on the record prior to hearing. No information on the sale or financing of the vehicle was attached to the Application. On December 5, 1995, John A. Cabeza bought a 1995 two-door Jeep Wrangler, VIN W4FY19P5SP308200, from Teterboro Chrysler/Plymouth and Jeep/Eagle of Little Ferry, NJ. The sales price of the vehicle was $17,600; the sales tax was $1,150; title fees were $120, and document fees were $85. Petitioner also purchased an alarm system for $375 and an extended service contract for $1,200. The purchase was financed by Valley National Bank. Petitioner is responsible for making sixty monthly payments of $334 each. Approximately twenty-three payments have been made at this time.

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Docket No.: cma11219-97
Decided: 1997-12-01
Caption: CHUN HUI-LIN, v. CHRYSLER MOTOR CORPORATION,
Judge: STEPHEN G. WEISS,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter was transmitted by the New Jersey Division of Consumer Affairs, Office of Consumer Protection, Lemon Law Unit, to the Office of Administrative Law on November 18, 1997 following the receipt of a request for Lemon Law dispute resolution filed by the petitioner, Chun-Hui-Lin. In his petition Mr. Lin complained that a 1995 Plymouth Voyager purchased by him at the end of July 1995 suffered from defects substantially impairing its use, value and safety; in particular, a loud squeak from the exhaust system and a strong smell of fumes in the vehicle from the system as well. The manufacturer, Chrysler Corporation, filed a letter disputing the allegations of the complaint and a plenary hearing was conducted before the undersigned administrative law judge on November 24, 1997. The following constitutes my in the case..

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Docket No.: cma11220-97
Decided: 1997-12-02
Caption: RICHARD S KAMIN, v. CHRYSLER MOTOR CORPORATION,
Judge: ARNOLD SAMUELS,
Summary:
This matter concerns a dispute under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to 49, and the implementing regulations of the Division of Consumer Affairs (Division), N.J.A.C. 13:45A-26.1 to 26.15. The petitioner alleges that the respondent and the dealer from which his new 1996 Dodge Ram was purchased failed to correct two defects: paint cracking and a grinding sound in the passenger seat track when it is moved; and that the seat does not lock in place. The petitioner claims that the respondent failed to correct the alleged defects on three or more occasions, and that these are nonconformities that substantially impair the use, value and safety of the vehicle. The respondent denies these assertions.

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Docket No.: cma11292-97
Decided: 1998-01-02
Caption: DANIEL I. C. DaSILVA, v. NISSAN MOTOR CORPORATION,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Daniel I. C. DaSilva, on February 21, 1997, purchased a 1997 Nissan Pathfinder, Vehicle Identification Number (VIN) JN8AR05Y5VW126923, from Bergenfield Nissan, 90 West Church Street, Bergenfield, New Jersey. On or about October 5, 1997, petitioner forwarded to the New Jersey Division of Consumer Affairs (Division) his application for the New Jersey Lemon Law Dispute Resolution together with a check in the amount of $50 for the required filing fee. N.J.S.A. 56:12-29 to 12-49. Petitioner seeks recovery of the full purchase price of the vehicle together with attendant costs. Respondent Nissan Motor Corporation (Nissan) asserts that petitioner's claim is defective and should be dismissed alleging that, among other things, petitioner has failed to prove that his alleged nonconformity substantially impairs the use, value, or safety of his vehicle.

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Docket No.: cma11360-97
Decided: 1997-12-30
Caption: THOMAS S. BARTKU, v. CHRYSLER MOTOR CORPORATION,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY On April 2, 1997, petitioner Thomas Bartku accepted delivery of a purchased 1997 Chrysler Dodge Ram pickup truck from Dover Dodge. On November 17, 1997, the New Jersey Division of Consumer Affairs, Lemon Unit, accepted petitioner's application for the New Jersey Lemon Law Dispute Resolution Systems, pursuant to N.J.S.A. 56:12-29 to -56. Petitioner sought full recovery of the purchased price of the vehicle for an alleged nonconformity in the vehicle. Respondent Chrysler Motor Company denied the allegation and sought a dismissal of the complaint.

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Docket No.: cma11463-97
Decided: 1998-01-02
Caption: PATRICIA C. LESSARD-STUMPER, v. FORD MOTOR COMPANY,
Judge: RICHARD McGILL,
Summary:
Patricia C. Lessard-Stumper (petitioner) seeks a refund pursuant to the Lemon Law, N.J.S.A. 56:12-29 to -49, from Ford Motor Company (respondent) for a 1997 Ford Explorer. Respondent denies that petitioner is entitled to relief under the Lemon Law. PROCEDURAL HISTORY

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Docket No.: cma11664-96
Decided: 1998-01-06
Caption: MAHESH PATEL, v. CHRYSLER MOTOR CORPORATION,
Judge: MARYLOUISE LUCCHI-McCLOUD,
Summary:
STATEMENT OF THE CASE The petitioner, Mahesh Patel, purchased a 1996 Jeep Grand Cherokee Limited V-8 4, VIN 1J4GZ78Y5TC-163375, from Loman Auto Group, Inc., in Parsippany, New Jersey. Petitioner took delivery of the vehicle on October 21, 1995. The instant matter arises under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to -49 and the implementing regulations of the Division of Consumer Affairs (Division), N.J.A.C. 13:45A-26.2 to -26.15.

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Docket No.: csv2650
Decided: 1998-07-20
Caption: LUCILLE DANFORD, v. RIVERFRONT STATE PRISON,
Judge: JEFF S. MASIN,
Summary:
Lucille Danford appeals from her termination as a Senior Correction Officer (“SCO”). The respondent terminated her effective October 23, 1996, as a result of charges filed against her in a Preliminary Notice of Disciplinary Action on July 19, 1996. She had been charged with violating Human Resource Bulletin 84-17D, more specifically its section entitled Safety and Security rules, subsection 4-having an improper or unauthorized contact with an inmate and undue familiarity with inmates, parolees, etc.; C-Personal Conduct, and subsection 8-Falsification or Intentional Misstatement of fact in connection with work, employment, application, attendance, or in any record or report, investigation or other proceeding. Additionally, the institution sought termination as these alleged violations constituted “Other sufficient cause,” under N.J.A.C. 4A:2-2.3(a)11. After a departmental hearing held on October 9, 1996, the appointing authority, having found her guilty of the violations, removed Ms. Danford. She appealed to the Merit System Board, which transferred the matter to the Office of Administrative Law (“OAL”) 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. Hearings were held before this judge on December 11, 1997, February 11 and May 21, 1998. The attorneys were permitted to file post-hearing briefs due to the extended length of time for the completion of the case, caused in part by the expert testimony and expert reports used in the proceeding. The record closed on June 11, 1998.

Docket No.: cma1299-98
Decided: 1998-07-07
Caption: ROGER P. GADINO, v. ACURA DIVISION OF AMERICAN HONDA MOTOR CO., INC.,
Judge: LINDA BAER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner seeks relief against respondent Acura Division, American Honda Motor Company, Inc. under the New Jersey Lemon Law, N.J.S.A. 52:12-29 to -49 for alleged defects in a 1997 Acura, VIN #19UYA2254VL007335 delivered on May 27, 1997 from Springfield Acura, 243 Route 22, East, Springfield, New Jersey, 07081. Petitioner alleges that the respondent or its dealer attempted on three or more occasions without success to correct defects in the vehicle involving a hesitation on acceleration and this defect substantially impairs the use, value or safety of the vehicle. Respondent denies the existence of the alleged defect and denies that this defect is a non-conformity which substantially impairs the vehicle's use, value or safety. Petitioner's application for Lemon Law dispute was filed on December 8, 1997 and the matter was transmitted to the Office of Administrative Law on January 26, 1998 for hearing 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. The matter was scheduled for a hearing on March 25, 1998 and after a test drive in the vehicle the parties requested a continuation until June 8, 1998. The continuation was granted, the hearing was conducted on June 8, 1998 and after receipt of documents on June 11, the hearing record closed.

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Docket No.: cma1323-98
Decided: 1998-05-05
Caption: STEPHEN M. GUIDO, v. CHRYSLER MOTOR COMPANY
Judge: LINDA BAER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Stephen M. Guido purchased a 1997 Jeep Wrangler, VIN #1J4FY29P5VP464232 on September 28, 1996 from Loman Auto Group, Parsippany, New Jersey. Mr. Guido contends that a loud rattling noise emanating from the transmission or drivetrain occurs when he is driving in third and/or fourth gear upon acceleration. Petitioner claims this noise emanating from the transmission and/or engine is a substantial defect which impairs the use, value or safety of his vehicle. The manufacturer, Chrysler, contends that the noise emanating from Mr. Guido's car is not a problem with the transmission or other defect but is characteristic of the Jeep Wrangler vehicle. Chrysler argues that even if the humming sound is determined a defect it cannot be characterized as a substantial impairment. The Division of Consumer Affairs, Lemon Law Unit, forwarded Mr. Guido's petition to the Office of Administrative Law on January 27, 1998 for hearing pursuant to N.J.S.A. 56:12-37 and N.J.A.C. 1:13A-1.1 to 19.1. A hearing was conducted on March 25 before the undersigned administrative judge and the record closed on April 2, 1998 after submission of written certification of service. Further delay in the hearing decision is solely the responsibility of the undersigned administrative law judge who was on sick leave during the month of April.

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Docket No.: cma145-98
Decided: 1998-03-31
Caption: DWAYNE MORT and SUSAN MORT v. GENERAL MOTORS CORPORATION,
Judge: BEFORE: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioners seek relief under the New Jersey Lemon Law, N.J.S.A. 56:12-29 et seq., against respondent, General Motors Corporation (Pontiac-GMC Division) for alleged defects in a 1996 GMC JIMMY leased from F.C. Kerbeck & Sons, Palmyra, New Jersey on November 24, 1995. (Exhibit P-1).

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Docket No.: cma1549-98
Decided: 1998-03-05
Caption: ALFREDO M. GONZALEZ, v. CHEVROLET MOTOR DIVISION,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Alfred M. Gonzalez, on November 26, 1996 accepted delivery of a purchased 1996 Chevrolet Pickup Series S10, vehicle identification VIN 1GCDT19W8TK168273, from Hawthorne Chevrolet, Inc., 1180 Goffle Road, Hawthorne, New Jersey. On September 18, 1997, the New Jersey Division of Consumer Affairs (Division) Lemon Law Unit, accepted petitioner's application for the New Jersey Lemon Law Dispute Resolution System, pursuant to N.J.S.A. 56:12-29 to 12-49. Petitioner seeks a refund in the amount of $22,830.06 of his purchased vehicle for an alleged existing nonconformity of the transmission and a “miss in the engine.” Respondent, Chevrolet Motor Division, seeks to dismiss the complaint based upon the affirmative defense that there is no abnormal shifting problem or engine miss connected with the vehicle.

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Docket No.: cma1550-98
Decided: 1998-03-23
Caption: FELIPO APARICIO, v. AM GENERAL CORPORATION,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Felipo Aparicio, on May 28, 1996 accepted delivery of a purchased 1996 AM General Corporation Hummer, vehicle identification number (VIN)137DA8439TE168814 from Three County Volkswagen Corporation, 701 Riverside Avenue, Lyndhurst, New Jersey. On January 5, 1998 the New Jersey Division of Consumer Affairs (Division) Lemon Law Unit, accepted petitioner's application for the New Jersey Lemon Law Dispute Resolution System, pursuant to N.J.S.A. 56:12-29 to 12-49. Petitioner seeks a refund of $47,184.69 of his purchased vehicle for an alleged existing non-conformity of extreme vibration. Respondent, AM General Corporation, seeks to dismiss the complaint based upon two affirmative defenses (1) that the dealership was unable to perform a third repair attempt because it had been frustrated by petitioner's actions, and (2) any existing vibration is minimal and does not rise to a substantial impairment of the use, value or safety of the vehicle.

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Docket No.: cma1617-98
Decided: 1998-04-29
Caption: DENNIS A. RICCA, v. FORD MOTOR COMPANY,
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE Petitioner is claiming relief for an alleged non-conformity, poor gas mileage, under the Lemon Law. The case was transmitted to the office of Administrative Law (OAL) on February 11, 1998, 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.

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Docket No.: cma1779-98
Decided: 1998-03-23
Caption: JONG YOON PARK, v. FORD MOTOR COMPANY
Judge: LINDA BAER,
Summary:
This matter was transmitted to the Office of Administrative Law (OAL) on February 25, 1998 for hearing pursuant to N.J.S.A. 52:14B-1-15 and N.J.S.A. 52:14F-1-13. Petitioner Jong Yoon Park seeks relief under the New Jersey Lemon Law, N.J.S.A. 52:12-29 to-49 against respondent for alleged defects in a 1997 Mercury Mountaineer, VIN 4M2DU55P9VU29437 which was purchased at Town Motors, Inc., Englewood, New Jersey on November 20, 1996. Petitioner contends that the passenger side rear door fails to open from the inside of the car and that this failure of the rear door to open substantially impairs the use, value and safety of the vehicle. Respondent denies petitioner's allegation and points out that car door opened at the inspection just prior to the Office of Administrative Law hearing. Respondent also raises as an affirmative defense its allegation that the door had been repainted in the lock area and the possibility that the problems with the door were as a result of an accident. The hearing was scheduled for March 17, 1998. At the conclusion of the testimony the hearing record closed. ISSUE

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Docket No.: cma2407-98
Decided: 1998-04-21
Caption: ROSANNA YOUNG, v. TOYOTA MOTOR DISTRIBUTORS,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Docket No.: cma2434-98
Decided: 1998-05-11
Caption: STEVEN AND LINDA GENTILE,s, v. FORD MOTOR COMPANY,
Judge: KATHRYN A. CLARK,
Summary:
STATEMENT OF THE CASE This matter concerns a dispute under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to -49, and the implementing regulations of the Division of Consumer Affairs (Division), N.J.A.C. 13:45A-26.1 to -26.15.

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Docket No.: cma2741-98
Decided: 1998-08-11
Caption: ANN MARIE LAYERAND BRIAN LAYER,s, v. CHRYSLER MOTOR CORPORATION,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter arises under N.J.S.A. 56:12-29 to 12-49, commonly known as the Lemon Law Act. On April 7, 1998, the Division of Consumers Affairs transmitted petitioner's Lemon Law Dispute Resolution Application to the Office of Administrative Law for determination as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. A response by the manufacturer was forwarded to the Clerk of the Office of Administrative Law by letter dated April 13, 1998. The hearing was originally scheduled on April 30, 1998 before Bernard Goldberg, ALJ. Settlement efforts on the first scheduled day of hearing failed to resolve the matter, and the case was thereafter rescheduled for June 16, 1998 and was reassigned to the undersigned for hearing and disposition. Following the hearing on June 16, 1998, the record remained open for the receipt of additional evidence and post-hearing submissions. By letter dated June 22, 1998, counsel for respondent forwarded two Technical Service Bulletins, one concerning the steering damper which was replaced in the subject vehicle, the other concerning the installation of grease fittings. These were marked as exhibits R-2 and R-3 in evidence. On July 8, 1998 counsel for petitioners submitted by facsimile transmission what appears to be a computer printout entitled “Payoff Data,” referencing the lease on the subject vehicle which was marked as exhibit P-3 in evidence. On July 16, 1998 petitioners' attorney forwarded by facsimile transmission a letter/bill from petitioners' expert witness dated July 15, 1998. The expert's bill was marked as exhibit P-4 in evidence. Respondent submitted a letter memorandum addressing petitioners' claims for attorney's fees, expert fees and calculation of damages which was received on July 22, 1998, whereupon the record closed.

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Docket No.: cma3126-98
Decided: 1998-04-23
Caption: JOHN GREENE, v. FLEETWAY CHRYSLER-PLYMOUTH, INC.,
Judge: KEN R. SPRINGER,
Summary:
Statement of the Case This case arises under the New Jersey Used Car Lemon Law, N.J.S.A. 56:18-67 to -80. Automobile dealers who sell a used motor vehicle in New Jersey must provide a limited warranty covering the certain components for a statutory period. If the used vehicle has 60,000 miles or more, the warranty shall be for a minimum of 30 days or 1,000 miles, whichever comes first. N.J.S.A. 56:8-69(c). If the dealer or his agent fails to correct a material defect of a used motor vehicle after a reasonable opportunity to do so, the dealer must repurchase the vehicle and refund the full purchase price, less a personal-use deduction. N.J.S.A. 56:8-7. A statutory presumption arises that the dealer is unable to correct a material defect if the same defect has been subject to three or more unsuccessful repair attempts by the dealer within the warranty period or if the vehicle has been out of service awaiting repairs for a cumulative total of 20 or more days. N.J.S.A. 56:8-72(c).

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Docket No.: cma3368-98
Decided: 1998-04-21
Caption: JOHN W. STALOWSKI, v. FORD MOTOR COMPANY,
Judge: STEPHEN G. WEISS,
Summary:
PROCEDURAL HISTORY This “Lemon Law” case was transmitted to the Office of Administrative Law by the Division of Consumer Affairs, Lemon Law Unit, on March 31, 1998, following the filing of a Lemon Law petition by John W. Stalowski concerning a 1997 Ford Explorer XLT which he purchased from Autoland of New Jersey, Inc. in January 1997. In his application Stalowski described his continuing problem as an “engine knock on cold engine startup.” An answer was filed by the manufacturer and the matter was scheduled for a hearing which I conducted on April 17, 1998.

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Docket No.: cma3413-98
Decided: 1998-07-24
Caption: FRANK V. CIOPETTINI, v. FORD MOTOR COMPANY ANDFLEETWOOD ENTERPRISES, INC.,
Judge: SEBASTIAN GAETA, JR.,
Summary:
STATEMENT OF CASE AND PROCEDURAL HISTORY Petitioner initially brought the Lemon Law complaint against respondent, Ford Motor Company, claiming that his 1997 Fleetwood Pace Arrow motor home, with a chassis built by Ford Motor Company, had a steering defect, which could not be corrected, and which substantially impaired the use, safety and value of the vehicle.

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Docket No.: cma3636-98
Decided: 1998-07-22
Caption: MARY CARSWELL, v. CHEVROLET MOTOR DIVISION,
Judge: EDITH KLINGER,
Summary:
Mary Carswell bought a 1997 Chevrolet Malibu, VIN IGINE52M4V6101334, from Lynn Chevrolet of Kearny, NJ. The sales price of the vehicle was $18,706; the sales tax was $1,122.36; and fees were $220. The total cost of the vehicle was $ 20,048.36. She also purchased credit insurance for $473.84. After a down payment of $1,1610, she financed $8,912.20, including the cost of the credit insurance. Carswell's monthly payments are $219.37 and began on April 8, 1997. The car was delivered on February 22, 1997. There were seventy-five miles on the vehicle at the time of delivery.

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Docket No.: cma373-98
Decided: 1998-02-19
Caption: EDWARD J. RIPOLI, v. CHRYSLER MOTOR CORPORATION,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Docket No.: cma374-98
Decided: 1998-02-25
Caption: FRANK A. FARIELLO, v. FORD MOTOR COMPANY,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The petitioner filed a Lemon Law complaint pursuant to N.J.S.A. 56:12-29 to 12-49 with the Lemon Law Unit of the New Jersey Division of Consumer Affairs. The matter was transmitted to the Office of Administrative Law (OAL) to be heard as a contested case, pursuant to the Administrative Procedures Act, N.J.S.A. 52:14B-1 to -15, and the act creating the OAL,

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Docket No.: cma4019-98
Decided: 1998-06-08
Caption: MICHAEL AND PAULA LYCHOCK,s, v. GMC DIVISION, GENERAL MOTORSCORPORATION,
Judge: JOSEPH LAVERY,
Summary:
Petitioners Michael and Paula Lychock move here for a refund or other statutory remedial relief concerning their vehicle, a 1997 GMC Safari Van, green-gray in color. Petitioners contend that the van has a defect or condition which substantially impairs its use, value or safety. They bring their appeal under the “Lemon Law” N.J.S.A. 56:12-29 through -49 (the Act). GMC Division of General Motors Corporation, respondent, contests the appeal, answering that the van does not have a nonconformity.

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Docket No.: cma4020-98
Decided: 1998-06-02
Caption: PUN SON KIM, v. CHRYSLER MOTOR CORPORATION,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE Petitioner, Pun Son Kim, moves here for replacement of her 1997 gray Jeep Grand Cherokee Laredo, a four-door vehicle of which she took delivery on August 1, 1996. She contends that it has a defect or a condition which substantially impairs its use, value or safety and brings her appeal under the “Lemon Law,” N.J.S.A. 56:12-29 through -49 (the Act).

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Docket No.: cma4032-98
Decided: 1998-06-08
Caption: ANGELIKI ARCHOLEKA, v. VOLKSWAGEN UNITED STATES,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE Angeliki Archoleka, petitioner, moves here for replacement of her vehicle: a black Volkswagen Jetta GL (1997), or in the alternative, a refund calculated in accordance with the Lemon Law (Exhibit J-4). Petitioner contends that the car has a defect or condition which substantially impairs its use, value or safety. Petitioner brings her appeal under the “Lemon Law,” N.J.S.A. 56:12-29 through -49 (the Act; the Lemon Law).

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Docket No.: cma4183-98
Decided: 1998-08-25
Caption: FRANK MCGINNIS, v. FORD MOTOR COMPANY,
Judge: BRUCE R. CAMPBELL,
Summary:
Frank McGinnis purchased a 1996 Ford Mustang automobile, from Freehold Ford on March 26, 1997. The VIN number is VIN1FALP42X1TF122772. On April 20, 1998, McGinnis applied for New Jersey Lemon Law Dispute Resolution. The Lemon Law Unit advised McGinnis that his request for hearing had been accepted. McGinnis paid the requisite filing fee and the Lemon Law Unit transmitted the matter on May 5, 1998, to the Office of Administrative Law for determination as a contested case pursuant to N.J.S.A. 52:14F -1 through -13. After notice, the matter was heard on August 24, 1998, at the Office of Administrative Law, Trenton. The record closed on that day.

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Docket No.: cma4258-98
Decided: 1998-06-19
Caption: SEAN M. COSTELLO, v. CHRYSLER MOTOR CORPORATION,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of an application for dispute resolution under the Lemon Law, N.J.S.A. 56:12-29 to -49. The matter was transmitted to the Office of Administrative Law as a contested case, pursuant to N.J.S.A. 52:14F-1 to -13. A hearing was conducted on June 3, 1998, and certain evidential material was submitted on June 15, 1998 by agreement of the parties, after which the record closed. Petitioner testified that on November 21, 1996, he purchased a new 1997 Dodge Caravan from Buhler Dodge (Buhler) in Red Bank, New Jersey. In May, or June 1997 the car began “bucking”, and he first thought it was a bad tank of gas. Petitioner brought the vehicle to Buhler on June 27, 1997, for other repairs and noted this complaint in passing (R-2 ). The problem recurred, however, in late July, or August, and now in addition to bucking, the vehicle had stalled without warning on the highway. Petitioner returned to Buhler on September 12, 1997 and they had the car for three or four days in an attempt to effect repairs (P-2) . Some sensors were rewired, and a “co-pilot” was installed to see if the problem could be replicated during use. Petitioner testified that the symptoms continued intermittently every few hundred miles, and he returned to Buhler again on October 3, 1997; they held the vehicle for some twenty-five (25) days (R-3). At the end of that time, “Ernie,” a Buhler mechanic told him that they had caught and corrected the problem. The vehicle was fine for a few weeks, but then in December the same difficulties recurred. Petitioner returned to Buhler on December 5, 1996 to have the “co-pilot” reinstalled, and he delivered the vehicle on December 10, 1997 for another try at repairs. The car was returned to him on December 12, 1997 (R-4). Petitioner testified that the bucking and stalling continued. On January 26, 1998, petitioner gave Buhler a final opportunity to correct these defects (R-5). Petitioner testified that the symptoms persist and that the vehicle stalled in the week prior to hearing while he was driving in Freehold Township.

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Docket No.: cma4437-98
Decided: 1998-06-16
Caption: JOSÉ RIVERA, v. FORD MOTOR COMPANY,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The petitioner filed a Lemon Law complaint with the Lemon Law Unit of the Department of Community Affairs on April 28, 1998, pursuant to N.J.S.A. 56:12-29 to -49. The matter was transmitted to the Office of Administrative Law (OAL) to be heard as a contested case pursuant to the Administrative Procedures Act N.J.S.A. 52:14B-1 to -15, and the act creating the OAL N.J.S.A. 52:14F-1 to -13.

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Docket No.: cma4504-98
Decided: 1998-07-10
Caption: CHRISTINE COMPTON, v. CHRYSLER MOTOR CORPORATION,
Judge: ROBERT W. SCOTT,
Summary:
CASE STATEMENT The petitioner, Christine Compton, purchased a new automobile, manufactured by the respondent, the Chrysler Motor Corporation. The petitioner alleges that the vehicle suffers from a nonconformity, in that it makes a noise in the front end when turning the steering wheel to the right or to the left, and that the brakes make a noise when applied, and that these nonconformities substantially impair the use, value and/or safety of the vehicle. Pursuant to the New Jersey Lemon Law, the petitioner demand remedies, including the refund of amounts paid relative to the vehicle she purchased. N.J.S.A. 56:12-29 to 49.

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Docket No.: cma4543-98
Decided: 1998-08-03
Caption: JOSEPH A. MASCHKE, v. FORD MOTOR COMPANY,
Judge: WALTER F. SULLIVAN,
Summary:
Joseph Maschke acquired a vehicle which, in his view, displayed statutory nonconformities. He applied to the Division of Consumer Affairs for Lemon Law relief. The Division transmitted the matter to the Office of Administrative Law for disposition pursuant to the Administrative Procedure Act. The hearing was held on June 30, 1998, and the record closed on that date. Petitioner testified with respect to a number of seeming nonconformities, among them that the power mirrors were not usable because they could not be shifted from the inside. In addition, Maschke testified that the engine tapped when started and pinged on acceleration, sounding like a diesel engine. Maschke supported his testimony with an affidavit indicating that he had approached the dealer on several occasions and had been unable to secure relief.

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Docket No.: cma477-98
Decided: 1998-07-02
Caption: ELAINE M. PROBERT-MCALEAVEY, v. SAAB CARS, USA, INC.,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Docket No.: cma4816-98
Decided: 1998-08-10
Caption: CHRISTINE L. REITZ, v. KIA MOTORS OF AMERICA, INC.,
Judge: WALTER F. SULLIVAN,
Summary:
In September 1997 petitioner Christine L. Reitz purchased a 1997 Kia Sportage from Pine Belt Oldsmobile-Nissan in Toms River, New Jersey. She claims that the vehicle has three problems that the manufacturer, Kia Motors of America, Inc., has failed to repair and she requests a remedy under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to -49. Petitioner filed a Lemon Law Dispute Resolution application with the Division of Consumer Affairs on May 11, 1998, seeking refund of amounts paid toward purchase of the vehicle. The Division transmitted the matter to the Office of Administrative Law for disposition pursuant to the Administrative Procedure Act. The hearing was held on June 30, 1998, and following the submission of written closing statements, the record closed on July 14, 1998. Petitioner alleges that the vehicle suffers from three nonconformities, each of which was called to the attention of the dealer but was not repaired.

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Docket No.: cma4842-98
Decided: 1998-08-04
Caption: ALBERT SESSA, v. FORD MOTOR COMPANY
Judge: BRUCE R. CAMPBELL,
Summary:
This matter was transmitted by the New Jersey Division of Consumer Affairs, Lemon Law Unit, to the Office of Administrative Law as a contested case on June 19, 1998 at the request of Albert Sessa whose Lemon Law petition claims that the quality of the paint on his 1996 Ford Thunderbird Automobile is so deficient as to constitute a defect which substantially impairs the value of the car. The matter was heard on July 10, 1998, at the Office of Administrative Law, Trenton. The petitioner brought the vehicle to the hearing and company representatives and the judge inspected the car prior to hearing.

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Docket No.: cma5024-98
Decided: 1998-06-22
Caption: GARY W. WEAVER, v. CHRYSLER MOTOR COMPANY
Judge: LINDA BAER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter was transmitted to the Office of Administrative Law (OAL) on May 18, 1998 for hearing pursuant to N.J.S.A. 56:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. Petitioner, Gary W. Weaver, seeks relief under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to 49 against respondent for alleged defects in a 1996 Dodge Stratus, VIN #1B3EJ56X1TN320554 which was purchased at Dover Dodge, Inc., 396 Route 46, Rockaway, New Jersey. Petitioner contends that this vehicle has existing nonconformities which substantially impair the use, value and safety of the vehicle. Respondent denies petitioner's allegations. The hearing was conducted on March 18, 1998. After the testimony was concluded the hearing record closed.

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Docket No.: cma5025-98
Decided: 1998-06-26
Caption: ANTHONY ALIANELLO, v. CHRYSLER MOTOR COMPANY
Judge: LINDA BAER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter was transmitted to the Office of Administrative Law on May 18, 1998 for a hearing pursuant to N.J.S.A. 52:14B-1 to 15 and N.J.S.A. 52:14F-1 to -13. Petitioner Anthony Alianello seeks relief under the New Jersey Lemon Law, N.J.S.A. 52:12-29 to 49, against respondent Chrysler Motor Corporation for alleged defects in a 1997 Dodge Stratus VIN #1B3EJ46X9VN580715 which was purchased from Fairway Dodge, 44 Franklin Avenue, Ridgewood, New Jersey. Petitioner contends that this vehicle has existing nonconformities which substantially impair the use, value and safety of the motor vehicle. Chrysler Corporation raises as an affirmative defense that any problems existing are not a defect or condition which substantially impairs the use, value of safety of the motor vehicle. It is further the position of Chrysler Corporation that any alleged nonconformities may have been the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle by someone other than Chrysler or an authorized dealership. In addition, respondent alleges petitioner did not afford Chrysler Corporation the final opportunity to repair or correct any defect as is required by the Lemon Law. Respondent requested that the petitioner's Lemon Law dispute resolution application be dismissed.

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Docket No.: cma5181-98
Decided: 1998-08-18
Caption: LAURA A. MAIER, v. CHRYSLER MOTOR CORPORATION,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Laura A. Maier, on September 9, 1996, purchased a 1997 Chrysler Plymouth Neon, Vehicle Identification No. (VIN) IP3ES47C5VD104071, from Bigelow Motors, 50 Washington Avenue, Belleville, New Jersey. On or about April 15, 1998, petitioner forwarded to the New Jersey Division of Consumer Affairs (Division) her application for the New Jersey Lemon Law Dispute Resolution together with a check in the amount of $50 for the required filing fee. N.J.S.A. 56:12-29 to 12-49. Petitioner seeks recovery of the full purchase price of the vehicle together with the attendant costs. Respondent, Chrysler Motor Corporation (Chrysler), asserts that petitioner's claim should be dismissed because petitioner has failed to prove that her alleged nonconformity substantially impairs the use, value, or safety of her vehicle.

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Docket No.: cma5920-98
Decided: 1998-08-05
Caption: KENNETH D. PARLIMAN, v. CHRYSLER MOTOR CORPORATION,
Judge: SEBASTIAN GAETA, JR.,
Summary:
STATEMENT OF CASE AND PROCEDURAL HISTORY This case was transmitted to the Office of Administrative Law on July 6, 1998 by the Division of Consumer Affairs, Office of Consumer Protection, Lemon Law Unit at the request of petitioner, who claimed that a 1998 Plymouth Breeze, purchased October 28, 1997, has defects which substantially impair the use and value of the vehicle and which were not corrected despite opportunity having been provided respondent to do so.

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Docket No.: cma5921-98
Decided: 1998-08-07
Caption: WILLIAM DUDZIAK, v. CHRYSLER CORPORATION,
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE This matter was transmitted to the Office of Administrative Law (OAL) from the Division of Consumer Affairs, pursuant to the Lemon Law, N.J.S.A. 56:12-29 to 12-49, on July 17, 1998, for hearing as a contested case, pursuant to N.J.A.C. 52:14B-1 to -15 and N.J.A.C. 52:14F-1 to -13.

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Docket No.: cma6042-98
Decided: 1998-08-27
Caption: PHILIP PICONE, v. MITSUBISHI MOTOR SALES,
Judge: KATHRYN A. CLARK,
Summary:
STATEMENT OF THE CASE This matter concerns a dispute under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to -49, and the implementing regulations of the Division of Consumer Affairs (Division), N.J.A.C. 13:45A-26.1 to -26.15.

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Docket No.: cma6043-98
Decided: 1998-07-29
Caption: VINCENT GIAQUINTO ANDMARY GIAQUINTO,s, v. F. C. KERBECK & SONS,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter arises under N.J.S.A. 56:8-67 to 8-80, commonly known as the Used Car Lemon Law Act. On July 6, 1998, the Division of Consumers Affairs transmitted petitioner's Used Car Lemon Law Dispute Resolution Application to the Office of Administrative Law for determination as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. Included within the file was respondent's May 19, 1998 letter to the Division of Consumers Affairs noting, inter alia, that none of the items petitioners cited in their application were covered by either a warranty or service contract. Nevertheless the New Jersey Used Car Lemon Law Unit transmitted the matter for a hearing. The hearing was scheduled for July 22, 1998 and commenced as scheduled. Prior to the commencement of testimony, counsel for respondent moved to dismiss the case based upon lack of jurisdiction. The written warranty given to petitioners by respondent for a duration of 60 days or 2,000 miles as required by N.J.S.A. 56:8-69(b) described the parts covered by the limited warranty as follows: “Covered Item” means and includes the following components of a used motor vehicle: Engine - all internal lubricated parts, timing chains, gears and cover, timing belt, pulleys and cover, oil pump and gears, water pump, valve covers, oil pan, manifolds, flywheel, harmonic balancer, engine mounts, seals and gaskets, and turbo-charger housing; however, housing, engine block and cylinder heads are covered items only if damaged by the failure of an internal lubricated part. Transmission Automatic/Transfer Case-all internal lubricated parts, torque converter, vacuum modulator, transmission mounts, seals and gaskets. Transmission Manual/Transfer Case-all internal lubricated parts, transmission mounts, seals and gaskets, but excluding a manual clutch, pressure plate, throw-out bearings, clutch master of slave cylinders. Front-Wheel Drive-all internal lubricated parts, axle shafts, constant velocity joints, front hub bearings, seals and gaskets. Rear-Wheel Drive-all internal lubricated parts, propeller shafts, supports and U-joints, axle shafts and bearings, seals and gaskets.

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Docket No.: cma657-98
Decided: 1998-03-17
Caption: ROD EVASON, v. OLDSMOBILE MOTOR DIVISION,
Judge: KATHRYN A. CLARK,
Summary:
STATEMENT OF THE CASE This matter concerns a dispute under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to

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Docket No.: cma6785-97
Decided: 1997-10-17
Caption: CHRISTOPHER NOVELLI, v. GENERAL MOTORS CORPORATION,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Christopher Novelli, alleges that the new 1995 Pontiac Bonneville automobile he purchased suffers from “nonconformities,” specifically, a severe vibration when riding with the rear windows down as far as possible and the front windows closed, and that the “nonconformities” substantially impair the use, value or safety of the vehicle. Petitioner demands the remedies provided in the “Lemon Law” (N.J.S.A. 56:12-29 to -49).

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Docket No.: cma6786-97
Decided: 1998-02-11
Caption: MARC L. AMES, v. TOYOTA MOTOR SALES, U.S.A., INC.
Judge: ARNOLD SAMUELS,
Summary:
This matter concerns a dispute under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to 49, and the implementing regulations of the Division of Consumer Affairs (Division), N.J.A.C. 13:45A-26.1 to 26.15.

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Docket No.: cma6886-97
Decided: 1997-10-10
Caption: THERESA A. GILLESPIE, v. FORD MOTOR COMPANY,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Docket No.: cma6972-97
Decided: 1997-11-03
Caption: ELAINE M. PROBERT-McALEAVEY, v. SAAB CARS, USA, INC.,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter arises pursuant to N.J.S.A. 56:12-29 to -49 (“Lemon Law”) and involves petitioner's allegations that the 1995 Saab, Model 900 SE Convertible (VIN: YS3DF75V6S7001248) she leased suffered from “nonconformities,” specifically, the vehicle leaked, the convertible top malfunctioned and the remote entry system did not work, and petitioner further alleges that the “nonconformities” substantially impair the use, value and safety.

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Docket No.: cma7168-98
Decided: 1998-09-16
Caption: JOSE L. CALERO, v. CHRYSLER MOTOR CORPORATION,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner Jose L. Calero on August 30, 1997, accepted delivery of a purchased 1997 Dodge Stratus from Grand Dodge of Englewood, New Jersey. On or about July 22, 1998, the New Jersey Division of Consumer Affairs, Lemon Law Unit, accepted petitioner's application for the New Jersey Lemon Law Dispute Resolution System, pursuant to N.J.S.A. 56:12-29 to -49. Petitioner seeks recovery of the full purchase price of the vehicle for an alleged nonconformity in regard to water in the tail lights. Respondent Chrysler Motor Corporation denies the allegations and seeks to dismiss the complaint.

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Docket No.: cma7366-98
Decided: 1998-09-03
Caption: NELSON POZO, v. CHRYSLER MOTOR CORPORATION,
Judge: EDITH KLINGER,
Summary:
Nelson Pozo purchased a 1997 Dodge Caravan, VIN 1B4GP55R2VB294928, from Jerry Ulm Dodge, Inc., of Tampa, Florida. The sales price of the vehicle was $27,445; the sales tax was $1,605.00. The total cost of the vehicle was $29,050.00. He also paid other taxes of $58.50 and $6.50 which were not included in the cash price. He made a down payment of $3,000, received a manufacturer's rebate of $750 and traded in his old vehicle for $700. Pozo also purchased credit life, health and accident insurance in the total amount of $3,206.38 and an extended warranty for $980. He financed $28,953.22 with Chrysler Financial Corporation. Pozo's monthly payments are $643.31 and began on September 19, 1997. He testified that he is not behind in his payments at the present time. The car was delivered on August 19, 1997. There were 169 miles on the vehicle at the time of delivery. Almost exactly one year later, on August 20, 1997, the date of hearing, there were 23,813 miles on the vehicle.

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Docket No.: cma7525-97
Decided: 1998-02-19
Caption: TIMOTHY J. CLOIDT, v. CHRYSLER MOTOR CORPORATION,
Judge: DIANA C. SUKOVICH,
Summary:
PROCEDURAL HISTORY Timothy J. Cloidt (petitioner) executed a Lemon Law Dispute Resolution Application (Application), seeking relief from Chrysler Motor Corporation (respondent), which application was accepted by the Division of Consumer Affairs (Division), State Department of Law and Public Safety, on July 14, 1997. The Division transmitted the matter to the Office of Administrative Law (OAL) on August 6, 1997 for determination as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. A hearing was conducted on November 6, 1997. The parties filed post-hearing memoranda on November 14, 1997, on which date the record was closed.

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Docket No.: cma7619-98
Decided: 1998-09-14
Caption: NATASHA MUNSON, v. MITSUBISHI MOTOR SALES,
Judge: STEPHEN G. WEISS,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This “Lemon Law” matter was transmitted by the Division of Consumer Affairs, Lemon Law Unit, to the Office of Administrative Law on August 21, 1998. A plenary hearing was conducted by the undersigned administrative law judge on September 2, 1998. In her petition, filed on June 6, 1998, Munson maintained that the following problems existed with respect to the new vehicle she purchased from the respondent in February 1998. First, her car “struggles to reach 40 mph”, the engine “runs high” and “races”, the vehicle “gets stuck in gear”, there is an “extreme delay in acceleration, “car cannot respond to stop and go traffic”, and the vehicle once “shut off in the middle of the road”. She maintained that either singly or in combination these deficiencies substantially impair the use, value and/or safety of the car.

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Docket No.: cma8499-97
Decided: 1998-01-13
Caption: JOHN R. BERRY, v. CHRYSLER MOTOR CORPORATION,
Judge: STEVEN C. REBACK,
Summary:
This is an action instituted by the petitioner, Mr. John Berry, pursuant to the Lemon Law, N.J.S.A. 56:12-39 through 56:12-49 seeking a full refund and expert fees as an incident to the return of a 1996 Dodge Truck/Dakota Club Cab 4x4, Vehicle Identification #1B7GG23Y9TS543315 delivered to him on or about October 9, 1996. The petitioner alleges that the vehicle is defective in that it continues to experience a rear end noise and a constant breeze under the passenger side dashboard whenever the vehicle remains in motion. The rear end noise is a “whining” sound, usually reaching its maximum volume when the vehicle is proceeding at between 45 and 55 mph when there is light acceleration on the gas pedal. Respondent (Chrysler) alleges that there is no defect but, even if arguendo it were determined that one were to exist, it does not constitute a substantial impairment of the vehicle's use, value or safety and consequently the petitioner is not entitled to prevail, pursuant to N.J.S.A. 56:12-30 and N.J.S.A. 56:12-32.

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Docket No.: cma8573-97
Decided: 1997-12-09
Caption: ANDREA L. JORDAN, v. MITSUBISHI MOTOR SALES,
Judge: KATHRYN A. CLARK,
Summary:
STATEMENT OF THE CASE This matter concerns a dispute under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to -49, and the implementing regulations of the Division of Consumer Affairs (Division), N.J.A.C. 13:45A-26.1 to -26.15.

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Docket No.: cma8574-97
Decided: 1997-11-18
Caption: MARIO M. SMERIGLIO, v. CHRYSLER MOTORCORPORATION,
Judge: WALTER F. SULLIVAN ,
Summary:
Mario Smeriglio filed a lemon law claim with the New Jersey Division of Consumer Affairs asserting that a jeep he had recently acquired reflected substantial impairments of use, value and safety. The Division transferred the matter to the Office of Administrative Law for disposition pursuant to the Administrative Procedure Act. The hearing was held on November 5, 1997, and the parties were given until November 14, 1997 to submit final argument. The record closed on that date. On November 5, 1997, at the invitation of both parties, I looked at the vehicle in question, which was particularly appropriate since the nature of the claim dealt with the quality of paint and the general appearance. (Smeriglio did not assert the existence of electrical or mechanical defects; Chrysler Motors did not assert that it was denied an opportunity to inspect the car or that Smeriglio had failed to make three attempts to deal with the problem he saw.)

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Docket No.: cma8663-97
Decided: 1997-12-04
Caption: EDWARD J. RIPOLI, v. CHRYSLER MOTOR CORPORATION,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Docket No.: cma8664-97
Decided: 1997-12-16
Caption: MICHAEL A. MARSHALL, v. VOLKSWAGEN OFAMERICA, INC.,
Judge: BEATRICE S. TYLUTKI,
Summary:
This matter concerns the claim filed by Michael A. Marshall, the petitioner, pursuant to the Lemon Law, N.J.S.A. 56:12-29 et seq. The petitioner seeks a refund for a 1997 Volkswagen, GTI, Vin #3VWDA81HOVM017805, which he purchased from Reydel Volkswagen, Inc. (Reydel) (J-2). Mr. Marshall alleges that this vehicle has a defective alignment, and bad front drive bearings and hubs. The respondent, Volkswagen of America, Inc. (Volkswagen) denies the existence of any defects. Further, Volkswagen asserts that even if a problem is found to exist, it is not a nonconformity as defined by N.J.S.A. 56:12-30, since it does not substantially interfere with the use, value or safety of the car. The matter was transmitted to the Office of Administrative Law on October 22, 1997, 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.

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Docket No.: cma8693-97
Decided: 1997-11-25
Caption: FRANK A. FARIELLO, v. FORD MOTOR COMPANY,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The petitioner filed a Lemon Law complaint pursuant to N.J.S.A. 56:12-29 to 12-49 with the Lemon Law Unit of the New Jersey Division of Consumer Affairs. The matter was transmitted to the Office of Administrative Law (OAL) to be heard as a contested case, pursuant to the Administrative Procedures Act, N.J.S.A. 52:14B-1 to -15, and the act creating the OAL, N.J.S.A. 52:14F-1 to -13.

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Docket No.: cma9063-97
Decided: 1997-12-04
Caption: AURELA MEKA, v. CHRYSLER MOTOR CORPORATION,
Judge: EDITH KLINGER,
Summary:
The following information was stipulated by the parties. On July 6, 1996, Aurela Meka bought a 1996 Chrysler Sebring, VIN 4C3AU52NXTE376617, from Liccardi Motors, Inc., of Green Brook, New Jersey. The cash price of the vehicle was $22,376.54, including a sales tax of $1,362.54; official fees of $139; and document fees of $154. The total cost of the vehicle was $14,175.61. Meka also purchased an extended warranty for $1,695 and creditor life and disability insurance.

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Docket No.: cma9150-97
Decided: 1997-10-03
Caption: GEORGE KRAMER, v. SOUTH FORK AUTO EXCHANGE,
Judge: EDITH KLINGER,
Summary:
On June 2, 1997, George Kramer purchased a used 1991 Pontiac Sunbird, VIN 1G2JB14K2M7504860, from South Fork Auto Exchange (South Fork), Old Bridge, New Jersey. The sales price of the vehicle was $5,995. There were 36,902 miles on the odometer at the time of delivery. It is a four-cylinder car with an automatic transmission. The car came with the written warranty for the period required pursuant to the New Jersey Used Car Lemon/Warranty Act, N.J.S.A. 56:8-67 to -80, specifically N.J.S.A. 56:8-69b: 60 days or 2,000 miles, whichever comes first.

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Docket No.: cma9259-97
Decided: 1997-11-20
Caption: RICHARD C. SIDERMAN, v. CHRYSLER CORPORATION,
Judge: RICHARD McGILL,
Summary:
Richard C. Siderman (petitioner) seeks a refund pursuant to the Lemon Law, N.J.S.A. 56:12-29 to -49, from Chrysler Corporation (respondent) for a 1996 Jeep Cherokee. Respondent denies that petitioner is entitled to relief under the Lemon Law. PROCEDURAL HISTORY

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Docket No.: cma9260-97
Decided: 1997-10-27
Caption: VIRGEN HERNANDEZ, v. CHRYSLER MOTOR CORP.,
Judge: EDITH KLINGER,
Summary:
The following information was stipulated by the parties: On June 29, 1996, Virgen Hernandez bought a 1996 Dodge Neon, VIN 1B8ES27C6TD680984, from Autoland of New Jersey. Springfield, NJ. The sales price of the vehicle was $13,154.63; the sales tax was $848; and document fees were $172. The total cost of the vehicle was $14,175.61.

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Docket No.: cma9368-97
Decided: 1997-10-24
Caption: PAUL W. CHIN, v. TOYOTA MOTOR DISTRIBUTORS,
Judge: EDITH KLINGER,
Summary:
The following information was stipulated by the parties: On December 23, 1996, Paul W. Chin bought a 1997 Toyota Avalon, VIN 4T1BF12B5VU158762, from Route 22 Toyota of Hillside, NJ. The sales price of the vehicle was $21,861; the sales tax was $1,311.66; title fees were $133.90 and document fees were $125. The total cost of the vehicle was $23,431.56.

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Docket No.: cma9455-97
Decided: 1997-11-21
Caption: IVAN GUTTMAN, v. FORD MOTOR COMPANY,
Judge: IRENE JONES,
Summary:
PROCEDURAL HISTORY AND STATEMENT OF THE CASE

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Docket No.: cma960-98
Decided: 1998-03-11
Caption: MICHAEL FRIEDLAND, v. MITSUBISHI MOTOR SALES,
Judge: BERNARD GOLDBERG,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner seeks relief under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to -49, against respondent Mitsubishi Motor Sales for an alleged defect in his 1997 Mitsubishi Eclipse, vehicle identification number 4A3AK34Y3VE149073, purchased from Flemington Mitsubishi, Flemington, New Jersey. Petitioner claims that respondent dealerships Flemington Mitsubishi and Brad Benson Mitsubishi, Monmouth Junction, New Jersey, failed to eliminate the brake vibrations at the “end of travel” after three repair attempts. Respondent denies that the alleged nonconformity continues to exist and it maintains the use, value and safety of the subject vehicle are not impaired.

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Docket No.: cma9720-97
Decided: 1997-12-24
Caption: MICHAEL R. McCANN, v. FORD MOTOR COMPANY,
Judge: MARYLOUISE LUCCHI-McCLOUD,
Summary:
STATEMENT OF THE CASE The petitioner, Michael R. McCann, leased a 1996 Ford Explorer, VIN #1FMDU35P1TUD04119, from Mahwah Ford in Mahwah, New Jersey. Petitioner took delivery of the vehicle on May 21, 1996. The instant matter arises under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to -49 and the implementing regulations of the Division of Consumer Affairs (Division), N.J.A.C. 13:45A-26.2 to -26.15.

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Docket No.: crt10004-95
Decided: 1998-04-13
Caption: JAMES E. THORPE,Complainant, v. LORD, ANDERSON, WORRELL & BARNETT,
Judge: STEVEN C. REBACK,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY On August 6, 1993, the complainant, James E. Thorpe, filed a verified complaint with the Division on Civil Rights (Division) alleging that he was discriminated against in his employment by respondent, Lord, Anderson, Worrell & Barnett (hereinafter Lord, Anderson) in violation of the New Jersey Law Against Discrimination (LAD) N.J.S.A. 10:5-1 to -42. Specifically, Mr. Thorpe alleges that on or about July 13, 1993, he was constructively discharged from his position as a supervisor of respondent's survey department (“survey coordinator”). He contends that the basis of his discharge was that he suffered from a physical handicap, MS, and that Lord, Anderson predicated the decision to terminate him, in whole or in part, based upon his condition and that under no circumstances did it ever make an effort to reasonably accommodate his handicap. Had they done so, the implication is he would have satisfactorily performed the duties of his position.

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Docket No.: crt11671-96
Decided: 1998-03-04
Caption: Mabel Johnson,Complainant, v. American Traffic andStreet Sign Company,
Judge: EDITH KLINGER,
Summary:
On July 26, 1993, complainant, Mabel Johnson, filed a Verified Complaint with the Division on Civil Rights alleging that respondent, American Traffic and Street Sign Company, illegally discriminated against her on the basis of her age and sex in violation of the New Jersey Law Against Discrimination (LAD), specifically N.J.S.A. 10:5-4, and N.J.S.A 10:5-12(a). A complaint was also filed with the Equal Employment Opportunity Commission (EEOC) under docket number 17E931822. After an investigation, the New Jersey Division on Civil Rights (DCR) issued a finding of probable cause to credit the allegations of her complaint on February 16, 1996. On December 23, 1996, the Division transmitted the matter to the Office of Administrative Law (OAL) 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.

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Docket No.: crt12317-95
Decided: 1997-10-07
Caption: JEAN HEIDER,Complainant, v. EAST JERSEY STATE PRISON,
Judge: JOSEPH F. FIDLER,
Summary:
STATEMENT OF THE CASE Complainant Jean Heider alleged in a verified complaint filed with the Division on Civil Rights that respondent East Jersey State Prison (“EJSP”) subjected her to unlawful discrimination in employment, in violation of the New Jersey Law Against Discrimination, n.j.s.a. 10:5-1 to -42, by denying her a promotion in reprisal for assisting a coworker in the filing of a complaint of sexual harassment. She also filed an EEOC charge. In an amendment to her verified complaint, complainant alleged that she has suffered additional acts of reprisal and has been subjected to a hostile work environment of sexual harassment. The respondent has denied the allegations. procedural history

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Docket No.: crt12633-95
Decided: 1998-01-29
Caption: JIMMIE L. BRYANT,Complainant, v. G. AVON CONTRACTORS, INC.,
Judge: STEVEN C. REBACK,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The current case alleges unlawful discrimination, on the basis of race, arising from layoffs in July 1993 and March 1994 of the complainant, Jimmie Bryant, an Afro-American, who is a carpenter and a member of Local 31 of the Carpenters Union.. He alleges that respondent, Avon Contractors, Inc., (Avon), laid him off from two union job sites solely on the basis of his race. In 1993 the complainant filed his complaint, before the Division on Civil Rights, which was later amended to include the alleged act of discrimination in March 1994 which, in the complainant's view, is tantamount to an act of reprisal in violation of N.J.S.A. 10:5-12(a)d of the New Jersey law against discrimination, N.J.S.A. 10:5-4 et seq. (LAD).

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Docket No.: crt2928-98
Decided: 1998-09-09
Caption: DOREEN HOFFMAN, v. DRIFTING SANDS HOTEL;GEORGE BEVIS, OWNER,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter is before the Director of the New Jersey Division on Civil Rights (Division) pursuant to a verified complaint filed by the complainant, Doreen Hoffman, on April 8, 1993, in which she alleges that the respondents, Drifting Sands Hotel and George Bevis, subjected her to sexual harassment and reprisal with respect to her employment in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49.

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Docket No.: crt343-96
Decided: 1998-02-03
Caption: JUSTIN NEWTON,Complainant, v. EATONTOWN BOROUGHPOLICE DEPARTMENT,
Judge: ROBERT S. MILLER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY complainant Justin Newton alleges that the Eatontown Borough Police Department (respondent or the Department) violated the New Jersey Law Against Discrimination, specifically, N.J.S.A. 10:5-12, by failing or refusing to hire him as a patrolman based on his race.

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Docket No.: crt3567-97
Decided: 1998-03-31
Caption: Shirley Dykes,Complainant, v. Bear Stearns AND CoMPANY, Inc.,
Judge: EDITH KLINGER,
Summary:
On June 14, 1995, complainant, Shirley Dykes filed a Verified Complaint with the New Jersey Division on Civil Rights alleging that respondent, Bear Stearns and Company, Inc., violated the New Jersey Law Against Discrimination (LAD), specifically N.J.S.A. 10:5-12a, by illegally discriminating against her on the basis of her age. The Division made no finding of no probable cause to credit the allegations of complainant's complaint. On March 26, 1997, the Division transmitted the matter to the Office of Administrative Law (OAL) 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. At a prehearing conference, held with the parties on May 22, 1997, it was determined that the following issues were to be addressed at hearing:

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Docket No.: crt3817-94
Decided: 1998-03-11
Caption: PETER BERNICE HASKINS, v. NORTHERN BURLINGTON REGIONALSCHOOL DISTRICT,
Judge: SOLOMON A. METZGER,
Summary:
This matter is in the Office of Administrative Law (OAL) on second remand from the Director of the Division on Civil Rights (Director). The procedural history is set forth in two prior s, an interlocutory OAL order, and corresponding decisions and orders of the Director. A brief summary may be appropriate.

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Docket No.: crt3944-94
Decided: 1997-12-17
Caption: TRACEY M. HIMMEL,Complainant, v. HEWLETT-PACKARD COMPANY,
Judge: IRENE JONES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY On March 24, 1993, the complainant, Tracey M. Himmel, (Complainant or Himmel) filed a verified complaint with the Department of Law & Public Safety, Division on Civil Rights (Division) alleging that the respondent, the Hewlett-Packard Company, (Hewlett Packard, Company or respondent) engaged in acts of unlawful and retaliatory discrimination in violation of N.J.S.A. 10:5-1 to 10:5-42. On April 26, 1994 the Division transmitted the verified complaint to the Office of Administrative Law for a hearing 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. A prehearing conference was held on August 22, 1994 and a prehearing order was issued on August 23, 1994. Plenary hearings were scheduled for December 12, 13 and 14th, 1994.

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Docket No.: crt5102-97
Decided: 1998-09-14
Caption: THERESA CARDINALE,Complainant, v. HILLSDALE POLICE DEPARTMENT,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE In this matter complainant Theresa Cardinale (Cardinale or Complainant) filed a complaint with the Division on Civil Rights against respondent Hillsdale Police Department (Department) alleging that the Department committed acts of discrimination on account of her physical disability in violation of the Law Against Discrimination (LAD). The Department denied the allegations and claimed that Cardinale was prevented from working because of the possibilities of injury to herself or others.

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Docket No.: crt6059-97
Decided: 1998-04-13
Caption: SURINDER KAUR ANAND,Complainant, v. CAESARS ATLANTIC CITYRESORT,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Complainant alleges unlawful discrimination in employment by respondent in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42 based on her being denied hire to the position of pit representative because of her creed, Sikhism. Petitioner filed her discrimination complaint with the Division on Civil Rights and also dual-filed with the Equal Employment Opportunity Commission (EEOC) where it was assigned EEOC charge number 17E960702. Accordingly, disposition of the within matter shall also dispose of the complaint filed with the EEOC. The matter was transmitted to the Office of Administrative Law (OAL) on July 9, 1997, for hearing as a contested case. The matter was assigned to the undersigned Administrative Law Judge (ALJ) on July 18, 1997, and a telephone prehearing conference was scheduled for August 27, 1997. On that date a prehearing conference was held and concluded and a prehearing order was entered on September 8, 1997, settling the procedures to be followed in the hearing of this matter. The matter was scheduled for hearing on February 18, 19 and 20, 1998. On February 18, 1998, the testimony in this matter was heard and concluded. However, the hearing record remained open to permit the parties to submit written closing arguments. Upon receipt of the written closing argument on February 27, 1998, the record was closed.

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Docket No.: crt8211-95
Decided: 1997-10-02
Caption: DOREEN HOFFMAN,Complainant, v. DRIFTING SANDS HOTEL;GEORGE BEVIS, OWNER,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Docket No.: crt8359-96
Decided: 1998-01-08
Caption: andre lewis,Complainant, v. paris business PRODUCTs, inc.,DOMINIC toscani and athel smith,
Judge: JOSEPH F. FIDLER,
Summary:
STATEMENT OF THE CASE This matter is on remand from the Director of the Division on Civil Rights, who rejected the dismissing the verified complaint filed by complainant Andre Lewis. The Director ordered that I take additional evidence and render further findings of fact and conclusions of law. The purpose for this was to establish a more complete record regarding whether the respondents' articulated reasons for terminating complainant are pretexts for discrimination and whether any or all of the respondents were motivated by unlawful considerations of race when terminating complainant.

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Docket No.: csv00528-98
Decided: 1998-07-24
Caption: AYOLANDA FORBES, v. BUTTONWOOD HOSPITAL,
Judge: JEFF S. MASIN,
Summary:
Yolanda Forbes appealed her termination from employment with the respondent appointing authority to the Merit System Board (“Board”). The Board declared the matter a contested case pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13 and transferred it to the Office of Administrative Law (“OAL”). A hearing was held before this judge on June 15, 1998, and thereafter, counsel filed legal memoranda on an evidential issue which arose at hearing. The record closed on July 7, 1998. Ms. Forbes was employed as a Hospital Charge Attendant at Buttonwood Hospital in Burlington County. She was charged in a Preliminary Notice of Disciplinary Action dated March 20, 1997, with insubordination, conduct unbecoming a public employee and threatening a supervisor and her family, violations of N.J.A.C. 4A:2-2.3 (2), (6) and (10) respectively. A Final Notice of Disciplinary Action was issued on April 15, 1997, upholding the charges and terminating Ms. Forbes from her employment effective April 10, 1997. The appeal to the Board was filed on April 17, 1997.

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Docket No.: csv00597-97
Decided: 1997-12-19
Caption: AERIC HEIGLER, v. GLOUCESTER COUNTY,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter is remanded to the Office of Administrative Law (OAL) by the Merit System Board (Board) for further proceedings subsequent to this tribunal having rendered a decision in Eric Heigler v. County of Gloucester, Office of the Sheriff, OAL Dkt. No. CSV 00732-95, where it held that the appellant, a Juvenile Detention Officer, had committed an act of simple assault against an officer of the court and ordered that the penalty of a 120 day suspension imposed by the respondent-appointing authority be sustained. The Board, in its remand to the OAL, seeks a determination as to whether or not appellant's conviction rises to an offense involving or touching his employment and, therefore, automatically forfeit his public employment pursuant to N.J.S.A. 2C:51-2.

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Docket No.: csv02016-98
Decided: 1998-06-16
Caption: MICHAEL CARLSON, v. OCEAN COUNTY,
Judge: JEFF S. MASIN,
Summary:
Michael Carlson appeals from his removal by the respondent from the position of Groundskeeper. The appointing authority removed him following a hearing at the agency level, which resulted from the issuance of a Preliminary Notice of Disciplinary Action on May 22, 1997. The Notice charged that Mr. Carlson was insubordinate and engaged in conduct unbecoming a public employee on May 8, 1997, in violation of N.J.A.C. 4A:2-2.3(2) and (6). Mr. Carlson appealed to the Merit System Board, which declared the matter a contested case and transferred it on May 25, 1998, to the Office of Administrative Law (“OAL”). A hearing was held on May 11, 1998. The record closed following the hearing. THE CHARGES

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Docket No.: csv06256-97
Decided: 1998-07-28
Caption: AJORGE L. COLON, v. RIVERFRONT STATE PRISON,
Judge: JEFF S. MASIN,
Summary:
Jorge L. Colon appeals to the Merit System Board (“Board”) from a twenty day suspension issued to him following charges of insubordination and intentional disobedience or refusal to accept orders. A Final Notice of Disciplinary Action was issued on March 14, 1997, and Mr. Colon requested a hearing from the Board on March 19, 1997. The Board transferred the case to the Office of Administrative Law (“OAL”) 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 on July 25, 1997. A hearing was held before this judge on June 26, 1998. The record closed upon completion of the hearing.

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Docket No.: csv08704-96
Decided: 1998-03-16
Caption: JAMES V. HUDSON and ROBERT A. NORA,s, v. TOWNSHIP OF NORTH BRUNSWICK,
Judge: JEFF S. MASIN,
Summary:
James V. Hudson and Robert A. Nora appeal from their layoff by the respondent Township of North Brunswick. Mr. Hudson held the position of Plumbing Inspector and Mr. Nora held the positions of Building Inspector and Fire Protection Subcode Official. Each received a layoff notice from the Township on September 15, 1995. Their appeals to the Merit System Board were transmitted to the Office of Administrative Law on October 11, 1996. A hearing scheduled for February 19, 1997, was adjourned at the request of the appellants' counsel. A rescheduled date of May 21 was similarly adjourned due to the receipt of substantial discovery by appellants' counsel. The hearing commenced on July 17 and concluded on November 3. Counsel requested the opportunity to file briefs and as a result of a series of agreed upon extensions the last brief was received on March 10, 1998, at which time the record closed. SUMMARY OF CONCLUSION

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Docket No.: csv10078-97
Decided: 1998-06-05
Caption: BARRY RODENBOUGH, v. NEW JERSEY DEPARTMENT OF CORRECTIONS,
Judge: JEFF S. MASIN,
Summary:
Barry Rodenbough, a corrections lieutenant for the respondent Department of Corrections, appeals a 15-day suspension imposed on him by the respondent. The appellant was disciplined for several violations arising from an escape which occurred at the Mountain View Youth Correctional Facility in Annandale, New Jersey. The Merit System Board transferred the contested case to the Office of Administrative Law (“OAL”) pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. A hearing was held on May 12, 1998, following which the record closed. The Preliminary Notice of Disciplinary Action, as amended, was issued on October 16, 1996. It alleged that Lt. Rodenbough had violated N.J.A.C. 4A:2-2.3(a)9, other sufficient cause, and Human Resources Bulletin 84-17, as amended effective April 15, 1991, B. Performance, 8., Serious mistake due to carelessness which may result in danger and/or injury to persons or property, and D. Safety/Security Precautions, 2., Negligently contributing to an elopement or escape. The specification alleged that on August 25, 1996, Lt. Rodenbough observed and silenced a perimeter alarm on the display panel in the Center at Mountain View and then failed to ensure that the Center Keeper or his replacement had heard his announcement of the alarm and then took no follow-up action to the alarm as required, including failing to dispatch on his own custody personnel to investigate the alarm or to instruct the Communications Operator to dispatch personnel. In summary, the specification claimed that

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Docket No.: csv10083-97
Decided: 1998-07-29
Caption: RAYMOND SCOTT FREESE, v. DEPARTMENT OF CORRECTIONS,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of respondent's decision to suspend appellant for thirty days, and to release him at the end of a working test period as a correction lieutenant, pursuant to the Civil Service Act, N.J.S.A. 11A:1-1 through -12.6, and regulations promulgated thereunder. Appellant requested a hearing and the matter was transmitted to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. A hearing was conducted on June 15 and 16, 1998, after which the record closed.

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Docket No.: csv10088-97
Decided: 1998-08-28
Caption: KENNETH LAWSON, v. DEPARTMENT OF HUMAN SERVICES,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant appeals from his ten-day suspension, effective February 4, 1997, on charges of verbal abuse regarding a patient. Appellant requested a hearing on January 13, 1997, and the matter was transmitted to the Office of Administrative Law (OAL) on November 17, 1997, for hearing as a contested case. A hearing was scheduled for April 16, 1998, and on that date, attorney for appellant indicated that he was recently retained and that he did not have sufficient time to obtain the attendance of certain witnesses required for appellant's defense. As a result, the matter was adjourned with the consent of respondent and was rescheduled for July 16, 1998. On July 16, 1998, a hearing was held and concluded and the record closed.

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Docket No.: csv10090-97
Decided: 1998-05-05
Caption: PATRICIA STILLINGS, v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES,
Judge: JEFF S. MASIN,
Summary:
Patricia Stillings appeals from a determination of the appointing authority, Ancora Psychiatric Hospital, removing her from her position as a Human Services Technician effective October 7, 1996. An Amended Preliminary Notice of Disciplinary Action dated October 7, 1996, contained a charge of physical abuse of a patient in violation of Human Services policies. A Final Notice of Disciplinary Action was issued on November 27, 1996, upholding the charge. Alexandra Gilleland, a supervisor of Nurses at Ancora Hospital, who was assigned to the Birch and Birch A Unit, testified that on February 4, 1996, she left her office and entered a doorway leading to Birch A. She observed a patient, D.D., walking away from her down the hallway to the Day Room. She also observed Ms. Stillings, Human Services Technician, assigned to Birch A, walking toward Ms. Gilleland and the patient. Nate Jackson, another Human Services Technician, was also walking just ahead of Ms. Stillings. As D.D. passed to Ms. Stillings right side, D.D. hit Ms. Stillings with the back of her hand on Ms. Stillings right side. She observed Ms. Stillings stop. Ms. Stillings then approached almost face-to-face with Ms. Gilleland, Ms. Gilleland called her name and then Ms. Stillings turned around and walked back approximately 25 feet toward the patient and yelled at D.D. “don't ever hit me again.” She proceeded to hit D.D. on the right side shoulder. The patient began yelling “she hit me, she hit me.” Ms. Gilleland told Ms. Stillings to leave the hallway and the patient was taken to the doctor. Neither Ms. Gilleland nor the doctor observed any visible sign of injury to the patient, who was wearing two sweaters at the time.

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Docket No.: csv10420-95
Decided: 1998-04-28
Caption: WILLIAM BLACK, v. CITY OF ASBURY PARK,
Judge: STEVEN C. REBACK,
Summary:
The City of Asbury Park has moved for dismissal of this matter, based upon its assertion that the petitioner has failed to state a prima facie case. I agree with the arguments presented. Essentially, the petitioner was employed as a Supervisor of Water Collections commencing in or about August of 1988. He is a degreed accountant and essentially his hiring resulted from the need by the City of Asbury Park to determine an appropriate way to charge customers for the use of a wastewater facility. He was successful in his efforts and, apparently by the time that the layoff occurred in this case, which was May 9th of 1995, the job of running the system and the method of payments were consolidated into the tax department and apparently everything had run smoothly. By Mr. Black's own acknowledgment, when his layoff became effective; he was replaced by a floppy disk; there was no other person employed who was necessary to fill that job. Essentially the position became vestigial. The argument of Mr. Black essentially is that when he was notified of his layoff he requested that the layoff be extended for a short period of time so as to allow him an additional several months to add to his retirement. That request was made, the City of Asbury Park undertook it, considered it and rejected that request. As a result, Mr. Black was laid off. As a result of the fact that it was rejected Mr. Black accepted his retirement on or about April 1 of 1995, before the layoff became effective. He did this in order to accommodate some other aspects of his lifestyle and for financial reasons. His testimony is that as a result of his not being able to retire when he wished he is receiving approximately $110 to $111 per month less than he would have received had he been permitted to retire when requested.

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Docket No.: csv10439-97
Decided: 1998-06-04
Caption: JAMES BEST, v. WOODBINE DEVELOPMENT CENTER,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The Woodbine Developmental Center removed the appellant from his position as a Cottage Training Supervisor effective April 11, 1997, on charges of having “ . . . grabbed a female subordinate's breast . . . solicited sexual favors from another female subordinate . . . (and having) exhibited a pattern of inappropriate gender based behavior.”

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Docket No.: csv10561-95
Decided: 1997-11-25
Caption: MICHAEL KUDRICK, v. CITY OF PERTH AMBOY,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of respondent's decision to bypass petitioner for promotion. Petitioner maintains that this was done in retaliation for union and/or political activity in violation of the Civil Service Act, N.J.S.A. 11A:1-1 through -12.6, and regulations promulgated thereunder. The Merit System Board (MSB) transmitted the matter to the Office of Administrative Law (OAL) as a contested case pursuant to N.J.S.A. 52:14F-1 through -13. A hearing was conducted over the course of sixteen days and the record closed on October 20, 1997, with receipt of post-hearing memoranda.

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Docket No.: csv10603-96
Decided: 1998-04-21
Caption: MYRNA SMITH, v. NEW JERSEY VETERANS MEMORIALHOME AT VINELAND,
Judge: ROBERT W. SCOTT,
Summary:
The appellant, Myrna Smith, a head nurse with the respondent appeals three two-month suspensions beginning on April 4, 1996 and ending on September 30, 1996. The appellant received final notice of her suspensions on August 2, 1996, and on August 12, 1996, she filed an appeal with the New Jersey Department of Personnel, Merit System Board. On December 3, 1996, the matter was transmitted to the Office of Administrative Law for determination as a contested case. From the Preliminary Notices and Final Notices served on the appellant by the respondent, the appellant is charged with neglect of duty, with violation of rules, regulations, policies, procedures, orders and/or administrative decisions, and with falsification and intentional misstatement. Specifically, it is alleged that the appellant neglected to report ongoing mistreatment and misuse of authority by Head Nurse L.S. in Unit 2A, of the respondent's facility. It is alleged that the appellant witnessed these actions of mistreatment, had received reports of mistreatment and had failed to report the same. The evidence offered by the respondent indicates that it is claiming that prior to March 4, 1996, the appellant for approximately four months had knowledge that Nurse S. was mistreating patients and took no action. It is further alleged that the appellant gave a false written statement after the incident was under investigation.

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Docket No.: csv10622-97
Decided: 1998-08-13
Caption: DONALD IVES, v. CITY OF SALEM,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The respondent-appointing authority, City of Salem, removed the appellant from his position as a water meter reader and installer effective May 1, 1997, on charges. Appellant requested a fair hearing de novo and the matter was transmitted to the Office of Administrative Law (OAL) 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.

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Docket No.: csv10790-95
Decided: 1997-12-22
Caption: HATTIE ROBINSON ANDRICHARD BRIGANI,s, v. DEPARTMENT OF TRANSPORTATION,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of respondent's decision to layoff personnel for reasons of economy and efficiency, under the Civil Service Act, N.J.S.A. 11A:1-1 to -12.6 and regulations promulgated thereunder. Appellants requested a hearing and the matter was transmitted to the Office of Administrative Law (OAL) as a contested case pursuant to N.J.S.A. 52:14F-1 through -13. A hearing was conducted on March 3 and 4, 1997 and was continued to December 15, 1997, after which the record closed.

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Docket No.: csv11017-96
Decided: 1997-10-28
Caption: EARL LEWIS, v. DEPARTMENT OF PUBLIC WORKS,CITY OF JERSEY CITY,
Judge: IRENE JONES,
Summary:
Appellant, Earl Lewis, appeals the action of the respondent, City of Jersey City, Department of Public Works (DPW), that terminated him from his position as a Parks and Recreation Maintenance Supervisor, effective March 22, 1996. After the receipt of a Final Notice of Disciplinary Action, the appellant filed a notice of appeal on April 23, 1996 with the Merit System Board. On October 11, 1996, the matter was transmitted to the Office of Administrative Law for hearing 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. An early settlement conference was scheduled for January 8, 1997 and was adjourned for good cause. The matter was then scheduled for a conference hearing on February 13, 1997 and that date was also adjourned for good cause. A hearing was held on July 28, 1997 before the undersigned. At the conclusion of the hearing, the parties were allowed to submit post hearing submissions and thus the matter was converted from a conference hearing to a plenary hearing. On September 15, 1997 the record was closed upon the submissions of the posthearing briefs.

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Docket No.: csv11094-91
Decided: 1998-02-09
Caption: EMILY GRAHAM-WEBER, v. THE COUNTY OF ESSEX,
Judge: R. JACKSON DWYER,
Summary:
Appellant, Emily Graham-Weber and respondent, County of Essex, have filed cross-motions for summary decision and the question is whether either of the motions should be granted. At issue is appellant's layoff-demotion while she was employed as an executive assistant in the Department of Public Safety, County of Essex. The circumstances giving rise to the parties' motions are as follows. THE BACKGROUND

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Docket No.: csv11149-96
Decided: 1998-04-20
Caption: GEORGE GREEN, v. CITY OF PLAINFIELD,
Judge: IRENE JONES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant, George Green (Appellant or Green) appeals the decision of the respondent, City of Plainfield (City) which removed him from his position of Public Works Repairer. On October 23, 1996, the Department of Personnel transmitted the matter to the Office of Administrative Law (OAL) for a hearing as a contested case. Hearings were held on September 16, 1997 and October 10, 1997. Post hearing submissions were filed on January 20, 1998. The time for filing the was extended to April 20, 1998.

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Docket No.: csv11210-96
Decided: 1998-04-15
Caption: DONALD CROMLEY, v. EAST JERSEY STATE PRISON,
Judge: KATHRYN A. CLARK,
Summary:
The appellant, Donald Cromley, was employed as a Senior Corrections Officer by the East Jersey State Prison, respondent. The respondent terminated appellant's employment on March 16, 1996, on charges. PROCEDURAL HISTORY

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Docket No.: csv11331-96
Decided: 1998-01-22
Caption: DARREL ARMSTRONG, v. CITY OF NEWARKPOLICE DEPARTMENT,
Judge: BEFORE: KEN R. SPRINGER,
Summary:
Statement of the Case This is an appeal by a police officer of his dismissal for illegal drug use. By order entered on October 10, 1996, the Merit System Board (“MSB”) remanded this matter for supplementation of the record and additional fact-finding. Previously, the Office of Administrative Law (“OAL”) had determined that absenteeism alone was insufficient to constitute the “individualized reasonable suspicion” necessary to require a police officer to submit to drug testing. Therefore, the OAL recommended that appellant Ronald Armstrong be reinstated as a police officer and be awarded back pay, with other lost benefits. In its order of remand, the MSB noted that Armstrong had been absent from work on numerous occasions prior to his most recent job-related absence, that on two instances he was reportedly not at home while on sick leave, and that he had failed to comply with an earlier order to report to the Medical Services Office. On advice from the Attorney General's Office, the MSB directed that:

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Docket No.: csv11631-93
Decided: 1997-12-17
Caption: JUDITH D. VALENTINO, v. CAMDEN COUNTY,
Judge: ROBERT W. SCOTT,
Summary:
The appellant, Judith D. Valentino, Senior Receptionist Transcriber with the respondent appeals a resignation in good standing, effective August 16, 1993. On August 23, 1993, the appellant appealed to the Department of Personnel, alleging that her resignation was submitted under duress. On December 6, 1993, the matter was transmitted to the Office of Administrative Law for determination as a contested case.

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Docket No.: csv11706-96
Decided: 1997-10-30
Caption: TONYA SIMMONS, v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES,VINELAND DEVELOPMENTAL CENTER,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE respondent New Jersey Department of Human Services (DHS or appointing authority), which operates the Vineland Developmental Center, brings disciplinary action against appellant, a cottage training technician (CTT). More particularly, the DHS alleges that appellant, who had responsibility for care of a retarded resident of the Center, abused that resident, i.e., she struck the resident with a hairbrush and injured her. On this basis, the DHS claims that appellant must be removed from employment. N.J.A.C. 4A:2-2.3. Appellant denies that she caused the resident's injuries, submits that the DHS has not proven the above-described allegations and submits that the disciplinary action should be dismissed.

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Docket No.: csv11713-96
Decided: 1997-10-20
Caption: JOSEPH FERROGINE, v. STATE DEPARTMENT OFHUMAN SERVICES, TRENTONPSYCHIATRIC HOSPITAL,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant appeals his removal from the position of engineer in charge of maintenance at Trenton Psychiatric Hospital, said removal effective August 23, 1996, on charges. Appellant filed an appeal on August 30, 1996, and the matter was transmitted to the Office of Administrative Law (OAL) on December 18, 1996, for hearing as a contested case. The matter was scheduled for a settlement conference on January 16, 1997. When this settlement conference was not successful, the matter was scheduled for hearing on July 14, 1997, and was assigned to the undersigned Administrative Law Judge (ALJ).

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Docket No.: csv12006-96
Decided: 1998-01-29
Caption: TERRANCE SHEFFIELD, v. DEPARTMENT OF CORRECTIONS,EAST JERSEY STATE PRISON,
Judge: MARGARET M. HAYDEN,
Summary:
PROCEDURAL HISTORY AND STATEMENT OF THE CASE Terrance Sheffield (Appellant) appeals his removal by respondent Department of Corrections (Department/Appointing Authority) from his employment as a Senior Correction Officer at the East Jersey State Prison. Appellant was served with the Preliminary Notice of Disciplinary Action on April 1, 1996 for charges of conduct unbecoming an employee and intentional misstatement of material fact. The appointing authority held a hearing on May 13, 1996. The appointing authority issued a Final Notice of Disciplinary Action affirming the removal on May 26, 1996. On May 29, 1996, appellant filed a timely request for a hearing at the Department of Personnel.

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Docket No.: csv12007-96
Decided: 1997-12-17
Caption: WILLIAM CURTISS, v. EAST JERSEY STATE PRISON,
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE Appellant is challenging the determination of Respondent, also referred to herein as Appointing Authority, on charges of conduct of unbecoming a public employee, pursuant to N.J.A.C. 4A:2-2.3(a)6 and other sufficient cause N.J.A.C. 4A:2-2.3(a)9. The Preliminary Notice of Disciplinary Action which is dated April 1, 1996, also states as a charge violation of DOC Human Resources Bulletin 84-87 as amended: C 11 conduct unbecoming an employee. A hearing was held below and the charges were sustained.

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Docket No.: csv12017-96
Decided: 1997-10-24
Caption: KATHERINE TELFAIR, v. WOODBINE DEVELOPMENTALCENTER,
Judge: ROBERT W. SCOTT,
Summary:
The appellant, Katherine Telfair, Cottage Training Technician with the respondent, Woodbine Developmental Center, appeals her resignation not in good standing, effective September 21, 1995. The appellant received final notice of her resignation not in good standing on June 18, 1996, and on June 30, 1996, the appellant filed an appeal with the New Jersey Department of Personnel. On December 17, 1996, the matter was transmitted to the Office of Administrative Law for determination as a contested case. DISCUSSION

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Docket No.: csv1256-97
Decided: 1997-12-15
Caption: JULIUS GOODWINE, JR., v. DEPARTMENT OF CORRECTIONS,
Judge: MARGARET M. HAYDEN,
Summary:
PROCEDURAL HISTORY AND STATEMENT OF THE CASE Julius Goodwine, Jr. (appellant) appeals his removal by respondent New Jersey Department of Corrections (Department or Appointing Authority) from his employment as a Senior Correction Officer at East Jersey State Prison. Appellant was served with a Preliminary Notice of Disciplinary Action on June 2, 1996, on charges of chronic absenteeism. The appointing authority held a hearing at appellant's request on July 16, 1996. The appointing authority issued a Final Notice of Disciplinary Action on July 19, 1996, directing that appellant be removed from his position effective July 23, 1996. On July 25, 1996, appellant through counsel made a timely request for a hearing at the Department of Personnel. On January 15, 1997, the Department of Personnel transmitted the matter to the Office of Administrative Law (OAL) for a hearing pursuant to N.J.S.A. 52:14B-12 to -14 and N.J.S.A. 52:14F-1 to -13. The matter was set down for a settlement conference on February 18, 1997, which was unsuccessful. The hearing began on August 18, 1997, and resumed on October 29, 1997.

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Docket No.: csv1259-97
Decided: 1998-03-23
Caption: JOHN C. ESPOSITO, v. TOWNSHIP OF MILLBURN,
Judge: BEFORE: KEN R. SPRINGER,
Summary:
Statement of the Case This is an appeal by a probationary police officer from his release at the end of the one-year working test period prescribed by N.J.S.A. 11A:4-15(a) and N.J.A.C. 4A:5-1 to -5.5. Specifically, Millburn gave two reasons for its determination: (1) an incident on January 19, 1996 involving improper use of a handicapped-parking placard; and (2) a second incident on that same date involving abuse of injured leave. Appellant contends that his termination was in retaliation for a threatened lawsuit by his wife. The sole issue on appeal is whether the appointing authority's decision regarding appellant's unsatisfactory job performance was made in good faith.

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Docket No.: csv1260-97
Decided: 1997-12-29
Caption: PHILLIP ROBINSON, v. NORTHERN STATE PRISON,DEPARTMENT OF CORRECTIONS,
Judge: BEFORE: SEBASTIAN GAETA, JR.,
Summary:
STATEMENT OF CASE Appellant appeals his removal as a senior correction officer upon charges sustained against him on July 10, 1996. Following his timely appeal, the Merit System Board, Department of Personnel transmitted the matter to the Office of Administrative Law as a contested matter pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13.

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Docket No.: csv1532-95
Decided: 1998-02-17
Caption: MICHELE BETHEL, DELORES BRYANT, et al. v. NEWARK HOUSING AUTHORITY,
Judge: BEFORE: KEN R. SPRINGER,
Summary:
Statement of the Case These are consolidated appeals brought under N.J.S.A. 11A:8-4 by thirty-four employees of respondent Newark Housing Authority (“NHA”) who were laid off or demoted from their permanent career jobs. The sole issue is whether the public employer acted in good faith for economy, efficiency or other related reasons. Basically, NHA contends that staff reductions were necessitated by a substantial loss of federal housing subsidies in fiscal year 1995. Appellants allege that NHA failed to explore less drastic alternatives before implementing the layoff, in particular a union suggestion to save jobs by voluntary furloughs. Those appellants employed as boiler operators assert that the NHA failed to comply with state licensing and safety requirements for boiler operations. Additionally, appellants urge that the NHA retained temporary workers or hired new employees to fill jobs which should have gone to them.

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Docket No.: csv1550-97
Decided: 1997-10-07
Caption: Ronald Cohen, v. City of Paterson,
Judge: EDITH KLINGER,
Summary:
On April 18, 1996, appellant, Ronald Cohen, requested a hearing appealing his release from his position as housing police officer at the end of his working test period, effective April 3, 1996, due to unsatisfactory service. On February 3, 1997, the Department of Personnel transmitted the matter to the Office of Administrative Law (OAL) 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. The hearing was held on September 8 and 9, 1997, and the record closed on September 24, 1997, following receipt of posthearing submissions by the parties.

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Docket No.: csv1716-97
Decided: 1997-11-05
Caption: ANTHONY BARISCIANO, v. CITY OF NEWARK,
Judge: ARNOLD SAMUELS,
Summary:
This is an appeal by Anthony Barisciano, from the action of the respondent, City of Newark, removing the appellant's name from an open competitive list for Fire Fighter (M9059S). The City of Newark claims that the appellant is ineligible for appointment because he is a nonresident of the City. A city Ordinance requires that Fire Fighter candidates must be residents of Newark. The appellant disagrees and claims that he was and is a bona fide resident of the City of Newark. PROCEDURAL HISTORY

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Docket No.: csv1831-96
Decided: 1997-12-29
Caption: JAMES BERGEN, v. CITY OF PATERSON POLICEDEPARTMENT,
Judge: ARNOLD SAMUELS,
Summary:
The appellant, James Bergen, was employed as a Police Officer in the Police Department of the City of Paterson. He was removed from his position, effective June 14, 1995, on disciplinary charges. Mr. Bergen appealed his removal to the Merit System Board.

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Docket No.: csv1937-97
Decided: 1997-12-17
Caption: SHIRLEEN HILLMAN, v. STATE-OPERATED SCHOOL DISTRICTOF THE CITY OF NEWARK,
Judge: SEBASTIAN GAETA, JR.,
Summary:
STATEMENT OF CASE This is an appeal of appellant's termination from her employment as statistical typist in the respondent school district's Office of Planning, Evaluation and Testing.

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Docket No.: csv1942-97
Decided: 1998-01-27
Caption: SERGIO SANCHEZ, v. TOWN OF WEST NEW YORK,
Judge: BEFORE: KEN R. SPRINGER,
Summary:
Statement of the Case This is an appeal by a municipal police officer from his six-day suspension. Three issues are raised: (1) Whether the bringing of disciplinary charges is barred by the forty-five day statute of limitations, N.J.S.A. 40A:14-147. (2) Whether the officer committed a violation of civil service law or internal police rules; and (3) If so, what is the appropriate type of discipline? N.J.A.C. 4:2-2.2.

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Docket No.: csv1958-97
Decided: 1997-11-14
Caption: KEITH HARDY, v. PLAINFIELD PUBLIC LIBRARY,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Docket No.: csv1964-97
Decided: 1998-01-16
Caption: DARYL BEECHAM, v. DEPARTMENT OF TRANSPORTATION,
Judge: ARNOLD SAMUELS,
Summary:
The appellant, Daryl Beecham, was employed as an Electrical Mechanic in the Division of Operations, State Department of Transportation. He was suspended for eight days, on disciplinary charges. Mr. Beecham appealed the suspension to the Merit System Board.

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Docket No.: csv1992-97
Decided: 1998-03-03
Caption: DELROY COLE, v. ESSEX COUNTY HOSPITALCENTER,
Judge: IRENE JONES,
Summary:
Appellant, Delroy Cole appeals the action of the respondent, Essex County Hospital Center that removed him from his position of Hospital Attendant, effective August 1, 1996 on charges. Respondent alleges in a Preliminary and Final Notice of Disciplinary actions that the appellant was unfit for duty; neglected his duties; failed to perform his duties; engaged in conduct unbecoming a public employee; theft of public funds; endangering the welfare of patients; and violation of a prior settlement agreement. Appellant timely filed a Notice of Appeal with the Department of Personnel (DOP). On February 21, 1997 the DOP transmitted the matter to the Office of Administrative Law for a hearing. A hearing was held and concluded on December 11, 1997. On January 28, 1998 the undersigned requested that the Commissioner of the Merit System Board extend the time for the filing of the to March 11, 1998.

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Docket No.: csv1997-97
Decided: 1998-05-08
Caption: BESSIE WHITE, v. STATE OPERATED SCHOOL DISTRICTOF THE CITY OF NEWARK,
Judge: MARIE P. SIMONELLI, A.L.J
Summary:
STATEMENT OF THE CASE Appellant, Bessie White (Ms. White), appeals the decision of respondent, State Operated School District of the City of Newark (the District), to remove her from her permanent position as Budget Officer, effective October 2, 1995. The District alleges that Ms. White was absent from duties without proper authorization for more than five days from July 1, 1992, to July 11, 1995.

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Docket No.: csv2193-98
Decided: 1998-09-09
Caption: DAVID KIFFER, v. DEPARTMENT OF CORRECTIONS,MIDSTATE CORRECTIONAL FACILITY,
Judge: KATHRYN A. CLARK,
Summary:
The appellant, David Kiffer, was employed as a Senior Correction Officer by the Midstate Facility, respondent. The respondent suspended appellant for 60 days, on charges. PROCEDURAL HISTORY The appellant appealed his suspension to the Merit System Board and on March 6, 1998, the Merit System Board transmitted this matter to the Office of Administrative Law (OAL) for hearing and 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.

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Docket No.: csv2203-97
Decided: 1997-11-25
Caption: BEVERLY SUKUNDA, v. MARLBORO PSYCHIATRICHOSPITAL,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter involves the appeal of Beverly Sukunda (hereinafter appellant) from the determination of the Marlboro Psychiatric Hospital (hereinafter respondent) removing her from her position Head Nurse, effective February 29, 1996, on charges. By Preliminary Notice of Disciplinary Action, dated February 27, 1996, respondent advised appellant of the following charges and specifications: CHARGES:

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Docket No.: csv2204-97
Decided: 1997-12-17
Caption: RICHARD J. PETRIZZI, v. NEW LISBON DEVELOPMENTAL CENTER, DEPARTMENT OF HUMAN SERVICES,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE Appellant, Richard J. Petrizzi, appeals from his termination as a Locksmith, on charges of falsification, attempted theft, and conduct unbecoming a State employee.

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Docket No.: csv2207-97
Decided: 1998-05-18
Caption: BARBARA NOBLE, v. NEW JERSEY DEPARTMENT OFHUMAN SERVICES, DIVISION OFDEVELOPMENTAL DISABILITIES,
Judge: ROBERT S. MILLER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Barbara Noble (“appellant”) appeals from a decision of the New Jersey Department of Human Services, Division of Developmental Disabilities (“respondent” or “the Department”) removing her from her position of Head Nurse at the Ocean Day Training Center (“the Center”), effective September 13, 1996.

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Docket No.: csv2269-98
Decided: 1998-08-28
Caption: JOSEPH MIKUCKI, v. MONMOUTH COUNTY,
Judge: WALTER F. SULLIVAN,
Summary:
Joseph Mikucki appealed the imposition of a two-month suspension which had been placed upon him by Monmouth County upon charges of sexual harassment, as that term is understood under the then Monmouth County Code. The Merit System Board characterized the matter as a contested case and transmitted it to the Office of Administrative Law in March 1998. A hearing was held and the record closed on August 14, 1998. The record reviewed two issues of alleged sexual harassment. The first was brought by Lillian Clayton, a cleaning woman at the Monmouth County Police Training Academy. The second was brought by Beverly Leshinsky, who was a coworker of Mikucki's with respect to the computer operations of the County.

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Docket No.: csv2270-97
Decided: 1998-05-11
Caption: DONALD RAMBO, v. ROWAN COLLEGE OF NEW JERSEY,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE Appellant, Donald Rambo, on stipulated facts, moves for summary decision to reinstate him to his position of Security Officer, Rowan University, and for an award of back pay, counsel fees, seniority and all related benefits.

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Docket No.: csv2271-97
Decided: 1998-02-27
Caption: MICHAEL S. ROBINSON, v. NEW JERSEY STATE PRISON,
Judge: JOHN R. FUTEY,
Summary:
STATEMENT OF THE CASE In this matter appellant Michael Robinson appealed a fifty-day suspension on charges of (a) neglect of duty, loafing, idleness or willful failure to devote attention to tasks which could result in danger to person or property (N.J.A.C. 4A:2-2.3) and (b) violation of rule, regulations, policy, procedure, order or administrative decisions involving safety and security.

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Docket No.: csv2285-98
Decided: 1998-08-14
Caption: SHERRI M. JONES, v. NORTH PRINCETONDEVELOPMENTAL CENTER,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter involves the appeal of Sherri M. Jones (hereinafter appellant) from the determination of the North Princeton Developmental Center (hereinafter respondent) removing her from her position Cook, effective October 3, 1997, on charges. By Preliminary Notice of Disciplinary Action, dated August 4, 1997, respondent advised appellant of the following charges and specifications: CHARGES:

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Docket No.: csv2304-97
Decided: 1997-11-19
Caption: DOUGLAS TINSLEY, v. RIVERFRONT STATE PRISON, DEPARTMENT OF CORRECTIONS,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE Appellant, Douglas Tinsley, a Senior Corrections Officer at Riverfront State Prison, appeals from a suspension of fifteen days, on a charge of excessive absenteeism or lateness in violation of civil service rules and institution regulations.

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Docket No.: csv2308-98
Decided: 1998-09-01
Caption: RONALD M. CARTON, JR., v. GARDEN STATE CORRECTIONALFACILITY,
Judge: STEVEN C. REBACK,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This is an appeal by the appellant, Ronald M. Carton, Jr., from a thirty-day suspension from his position as a Senior Correction Officer, on charges. The charges and specifications are set forth in a Preliminary Notice of Disciplinary Action, dated September 23, 1997. The specifications to the charges are as follows: On 5-1-97 you submitted a written special stating that SCO J. Hackman rubbed his privates against your back, while you and SCO J. Hackman were on duty in PRU on 4/30/97. During a subsequent Internal Affairs Investigation, you again stated that SCO J. Hackman rubbed his “privates” up against your back.

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Docket No.: csv2310-98
Decided: 1998-08-20
Caption: LESTER PARAMORE, v. NEW JERSEY DEPARTMENT OFHUMAN SERVICES, ANCORAPSYCHIATRIC HOSPITAL,
Judge: ROBERT S. MILLER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Lester Paramore (“appellant”) appeals from a decision of the New Jersey Department of Human Services, and Ancora Psychiatric Hospital (“respondent” or “the Department”) removing him, effective June 25,1997, from his position of Human Services Technician. The aforesaid decision was based upon charges of physical abuse of a patient (T.M.) on April 14, 1997.

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Docket No.: csv2403-97
Decided: 1998-04-08
Caption: TERESA ANDERSON, v. OCEAN COUNTY,
Judge: JOHN R. FUTEY,
Summary:
STATEMENT OF THE CASE In this matter, appellant Teresa Anderson appeals her removal effective December 6, 1995, on charges of: (1) incompetence, inefficiency, or failure to perform duties; (2) insubordination; (3) inability to perform duties; (4) chronic or excessive lateness; and (5) neglect of duty.

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Docket No.: csv2441-98
Decided: 1998-04-17
Caption: JOSEPH FERROGINE, v. STATE DEPARTMENT OFHUMAN SERVICES, TRENTONPSYCHIATRIC HOSPITAL,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant appeals his removal from the position of engineer in charge of maintenance at Trenton Psychiatric Hospital, said removal effective August 23, 1996, on charges. Appellant filed an appeal on August 30, 1996, and the matter was transmitted to the Office of Administrative Law (OAL) on December 18, 1996, for hearing as a contested case and was assigned OAL Docket No. CSV 11713-96. The matter was scheduled for a settlement conference on January 16, 1997. When this settlement conference was not successful, the matter was scheduled for hearing on July 14, 1997, and was assigned to the undersigned Administrative Law Judge (ALJ).

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Docket No.: csv2469-98
Decided: 1998-05-27
Caption: IN RE CAMDEN COUNTY LAYOFF
Judge: ROBERT W. SCOTT,
Summary:
This is a remand of an issued by the undersigned on October 31, 1997. In summary, in that decision I concluded that the appellants Myra Darius, Steven Surowicz, William James, Dominick Rocco and Kenneth Jackson had failed to meet their burden of proof in failing to provide sufficient legally competent evidence that the respondent had failed to act in good faith when these individuals were laid off from their positions in the spring of 1993. As to the appellants Edward Wanzer, Robert Roth, Joseph Sioli and Joanne Annacone, I CONCLUDE from the evidence that the respondent failed to act in good faith when these appellants were laid off in the same year. On February 10, 1998, the Merit System Board remanded the matter to the Office of Administrative Law. On March 10, 1998, the Merit System Board issued a written decision to that effect. On March 19, 1998, the matter was transmitted to the Office of Administrative Law for the undersigned's reconsideration. The matter was returned to me on April 15, 1998. In its written remand, the Merit System Board cited the standard which the undersigned used, but did not recite in his when deciding these layoff appeals. An employee appealing a layoff or a demotion in lieu of a layoff has the burden of demonstrating that the respondent's action was not taken for reasons of economy or efficiency, but was arbitrary, unreasonable and contrary to the Civil Service Act. (N.J.S.A. 11A:8-1 to 8-4). It was presumed that the respondent acted reasonably and in good faith. The issue to be determined is whether the motive in adopting a layoff plan or action was to accomplish economies or efficiency or was instead to remove a public employee without following the Civil Service Act and regulations adopted by the Department of Personnel. (N.J.A.C. 4A:8-1.1 to 2.6). Evidence that considerations other than economy or efficiency played some part in the action is not determinative if the presumption of good faith is not overcome by sufficient evidence. Similarly, the fact that considerations other than economy must have entered into a decision is not determinative if a position in question was not entirely essential to the public service. The authority of the respondent to abolish a career service position must be motivated by a bona fide desire to effect economies and increase efficiency.

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Docket No.: csv2471-98
Decided: 1998-07-09
Caption: aLINDA SIBILIA, v. NEW JERSEY VETERANS MEMORIALHOME AT VINELAND,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter is on remand to the Office of Administrative Law (OAL) from the Merit System Board from an by the undersigned where, among other things, it was determined, grounded upon findings of credible testimony, that the changes filed against appellant were true and that the respondent's action to remove appellant from her classified employment position should be affirmed. In its remand to the OAL, the Merit System Board (MSB) states, in part, that:

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Docket No.: csv2529-97
Decided: 1997-10-15
Caption: CHRISTOPHER DAVIS, v. CITY OF VINELAND,
Judge: JEFF S. MASIN,
Summary:
The appeal of Christopher Davis from the 90-day suspension issued to him by the respondent municipal police force has previously been before this judge. (OAL Dkt. No. CSV 10419-95S, October 10, 1996). In that decision I granted Mr. Davis' motion for dismissal of the charges against him made at the conclusion of the appointing authority's case and granted his appeal. The Merit System Board reversed my decision in a Remand issued on March 26, 1997, determining that contrary to my assessment of the evidence presented, the appointing authority had presented a prima facie case in support of the charges. The remanded matter was heard by me on September 8, 1997, and the record closed at the conclusion of the testimony and closing arguments of counsel. The description of the evidence contained at pages three through five of the of October 10, 1996, is repeated herein for convenience sake, as is the series of charges contained in the Preliminary Notice of Disciplinary Action.

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Docket No.: csv2558-97
Decided: 1997-11-26
Caption: LONZETTA DELONEY, v. DEPARTMENT OF CORRECTIONS,NEW JERSEY STATE PRISON,
Judge: KATHRYN A. CLARK,
Summary:
PROCEDURAL HISTORY This is a remand of CSV 2430-95 by the Merit System Board, after their consideration of the by this Administrative Law Judge. (ALJ), of the appeal of Lonzetta Deloney, Senior Correction Officer, New Jersey State Prison, State Department of Corrections, of a fifteen day suspension, on charges.

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Docket No.: csv2638-97
Decided: 1997-11-14
Caption: WALTER F. RITTGER, v. HUNTERDON COUNTYPARK SYSTEM,
Judge: BEATRICE S. TYLUTKI,
Summary:
This matter concerns the request of Hunterdon County Park System (HCPS), as the appointing authority, to remove Walter F. Rittger's name from the employment list for the position of county park ranger (CO 540S). Mr. Rittger's name appears as the first ranked veteran on the employment lists for the position of county park ranger and for the position of gardener (CO 936T). The HCPS requested that Mr. Rittger's name be removed from both lists based on his prior employment history with Sentinel Security Services (Sentinel), with the New Jersey Department of Environmental Protection (DEP) and as a New Jersey State Trooper, and based on his conduct during his interviews for the HCPS's positions. Mr. Rittger filed appeals with the Division of Human Resource Information Systems, Department of Personnel.

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Docket No.: csv2641-97
Decided: 1998-01-29
Caption: LINDA ROACH, v. NEW LISBON DEVELOPMENTALCENTER,
Judge: WALTER F. SULLIVAN,
Summary:
Linda Roach appealed her termination from the New Lisbon Developmental Center. The Merit System Board characterized the matter as a contested case and transmitted it to the Office of Administrative Law for disposition pursuant to the Administrative Procedure Act. A hearing was held on November 20, 1997, and the parties were given thirty days to submit proposed findings of fact and conclusions of law. The record closed on December 20, 1997. In a Preliminary Notice of Disciplinary Action dated September 25, 1996, the appointing authority charged appellant with absence from work as scheduled without permission and without giving proper notice of intended absence. The specifications of the charge read as follows:

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Docket No.: csv2642-97
Decided: 1997-12-19
Caption: LEWIS RICHARDSON, v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES,TRENTON PSYCHIATRIC HOSPITAL,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE respondent New Jersey Department of Human Services (DHS or appointing authority), which operates the Trenton Psychiatric Hospital, brings disciplinary action against appellant, a former human services technician (HTT). The DHS notified employees that distribution of a caffeinated substance to a patient and financial transactions between employees and patients were prohibited, and that such misconduct would be cause for removal. The DHS alleges that appellant sold caffeinated coffee to a patient. Consequently, the DHS claims, appellant must be removed from his employment. N.J.A.C. 4A:2-2.3. Appellant denies that he committed the alleged acts and submits that the disciplinary action should be dismissed.

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Docket No.: csv2643-97
Decided: 1997-11-24
Caption: VIVIAN RAY, v. TRENTON PSYCHIATRIC HOSPITAL,
Judge: Before: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Vivan Ray appeals removal effective July 19, 1996 on charges of physical abuse of a patient. The Preliminary Notice of Disciplinary Action dated July 18, 1996 was served on appellant on September 6, 1996. A departmental hearing was conducted on September 6, 1996. The charge of physical abuse of a patient was sustained and removal, effective July 19, 1996, was imposed as the penalty.

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Docket No.: csv2649-97
Decided: 1998-04-01
Caption: DENNIS DAVIS, v. MARLBORO PSYCHIATRIC HOSPITAL, DEPARTMENT OF HUMAN SERVICES
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE This is an appeal by Dennis Davis, appellant, from his removal on charges of conduct unbecoming a public employee: conviction on October 19, 1994 for possession of marijuana.

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Docket No.: csv2669-98
Decided: 1998-09-14
Caption: BRIAN OLIVER, v. CITY OF TRENTON,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE Appellant, an employee of the City of Trenton, threatened to strike his superior in the City's Department of Public Works. Appellant's superior charged appellant with violation of N.J.S.A. 2C:33-4(b), harassment, and appellant pleaded guilty to the charges. The City brought disciplinary action for appellant's removal and the appellant appealed. The City, citing N.J.S.A. 2C:51-2(a), submits that, given the appellant's guilty plea to an offense involving his employment, he has forfeited his public employment; his appeal must be dismissed; and he must be removed.

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Docket No.: csv2860-98
Decided: 1998-09-14
Caption: CAROLYN JIMENEZ, v. CUMBERLAND COUNTY,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of respondent's decision to dismiss appellant as an institutional attendant for excessive absenteeism and a resignation not in good standing, pursuant to the Civil Service Act, N.J.S.A. 11A:1-1 to -12.6, and regulations promulgated thereunder. Appellant requested a hearing and the matter was transmitted to the Office of Administrative Law 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. A hearing was conducted on July 31, 1998, after which the record closed. Most of the facts are undisputed. Appellant was hired by respondent in February 1994 to serve at Cumberland Manor, a geriatric nursing facility. Appellant was terminated for excessive absenteeism after her first working test period. An appeal followed and the parties reached accord on a second ninety-day working test period, which appellant passed (R-1). From February 1994 through July 1997 appellant was disciplined six times in connection with excessive absenteeism, ranging from written warnings to a five-day suspension (R-3 through R-8); no grievances were filed. In August 1997 she received a seven-day suspension for excessive absenteeism. An institutional attendant is the equivalent of a nurse's aide, and assists residents with activities of daily living. Appellant's shift began at 3:00 p.m. and ended at 11:00 p.m.

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Docket No.: csv2938-95
Decided: 1997-10-24
Caption: WILLIAM RHEM, v. NEWARK BOARD OF EDUCATION,
Judge: MARIE P. SIMONELLI, A.L.J
Summary:
STATEMENT OF THE CASE This is a remand of the matter wherein appellant, William Rhem (Mr. Rhem), appealed the decision of respondent, Newark Board of Education (the Board), to suspend him from his position as a Warehouse Supervisor for thirty days for insubordination and for conduct unbecoming a public employee.

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Docket No.: csv2950-97
Decided: 1998-03-13
Caption: GENEVA BELL, v. RIVERFRONT STATE PRISON,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF CASE This matter is the appeal of appellant, Geneva Bell, Senior Correction Officer at Riverfront State Prison from her removal effective December 9, 1996 on disciplinary charges. In its Final Notice of Disciplinary Action, dated December 9, 1996, (Exhibit R-2), the respondent appointing authority (Riverfront) sustained the disciplinary charges against appellant (Bell) of conduct unbecoming a public employee. N.J.A.C. 4A:2-2.3(6). In its Preliminary Notice of Disciplinary Action, dated October 18, 1996 (Exhibit R-1) Riverfront specified the disciplinary charges against Bell:

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Docket No.: csv2952-97
Decided: 1998-07-24
Caption: JACQUI HOLZENDORF, v. DEPARTMENT OF PERSONNEL,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter is the “good faith appeal” pursuant to N.J.A.C. 4A:8-2.6(a)1 of the layoff of respondent (Holzendorf) by respondent's (DOP) RIF Notice dated February 25, 1995, effective July 8, 1994. Holzendorf's appeal is dated February 25, 1997.

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Docket No.: csv3022-97
Decided: 1997-10-29
Caption: LYNTH HASSAN, v. NEWARK SCHOOL DISTRICT,
Judge: IRENE JONES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Docket No.: csv3023-97
Decided: 1998-08-13
Caption: PAUL TAMBURELLI v. HUDSON COUNTY POLICE DEPARTMENT,
Judge: STEPHEN G. WEISS,
Summary:
PROCEDURAL HISTORY This disciplinary matter was transmitted to the Office of Administrative Law (OAL) on February 24, 1997 following a request by appellant, Paul Tamburelli, for a hearing challenging his removal as a Lieutenant from the Hudson County Police Department, effective September 13, 1996. Following an unsuccessful settlement conference held in October 1997, hearings were conducted on May 18, 1998 and June 3, 1998. Post-hearing submissions have been filed in accordance with an agreed schedule.

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Docket No.: csv3027-97
Decided: 1998-02-04
Caption: JOSEPH A. BILLIAMS, SR., v. COUNTY OF UNION, DIVISION OF CORRECTIONAL SERVICES,
Judge: STEPHEN G. WEISS,
Summary:
PROCEDURAL HISTORY This contested case was transmitted by the Department of Personnel to the Office of Administrative Law on February 24, 1997 at the request of the appellant, Joseph A. Billiams, Sr., who challenged a disciplinary sanction imposed upon him by the respondent (suspension for six months and demotion from Correction Lieutenant to Correction Officer) following findings of incompetence, inefficiency or failure to perform duties, neglect of duty, and misuse of public property in violation of N.J.A.C. 4A:2-2.3(a)(1)(7) & (8).

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Docket No.: csv3042-97
Decided: 1997-12-08
Caption: KYLE CAMPBELL, v. NEWARK SCHOOL DISTRICT,
Judge: MARGARET M. HAYDEN,
Summary:
PROCEDURAL HISTORY AND STATEMENT OF THE CASE Kyle Campbell (Appellant) appeals his removal by the Newark School District (District or Appointing Authority) from his employment as a custodial worker. Appellant was served with a preliminary notice of disciplinary action on May 14, 1996, on charges of conduct unbecoming a public employee. The appointing authority held a hearing on May 22, 1996. The appointing authority issued a final notice of disciplinary action on July 15, 1996, directing that appellant be removed effective July 25, 1996. On July 29, 1996, appellant requested a hearing at the Department of Personnel.

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Docket No.: csv3045-97
Decided: 1998-05-06
Caption: DAVID SANTIAGO, v. CITY OF NEWARK,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The Specification attached to the Preliminary Notice of Disciplinary Action, dated May 21, 1996 reads as follows:

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Docket No.: csv3050-97
Decided: 1998-01-27
Caption: ALBERT GROSSO, v. TOWN OF NUTLEY DEPARTMENTOF PUBLIC WORKS,
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE Appellant filed a timely appeal from the action of the Respondent Township of Nutley terminating his part-time employment for reasons of economy and efficiency. This matter was transmitted to the Office of Administrative Law (OAL) on February 24, 1997, as a contested matter pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13.

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Docket No.: csv3054-97
Decided: 1998-06-03
Caption: JOSE ALEQUIN, v. NEWARK HOUSING AUTHORITY,
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE Appellant is challenging the decision of Respondent, Newark Housing Authority (NHA) to terminate his employment as a Building Maintenance Worker for conduct unbecoming a public employee pursuant to N.J.A.C. 4A:2-2.3. The notice of appeal was filed timely on June 21, 1996; the matter was transmitted to the Office of Administrative Law (OAL) as a contested matter on February 24, 1997 pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13.

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Docket No.: csv3133-97
Decided: 1998-01-08
Caption: MICHAEL MARTINO, v. CITY OF JERSEY CITY,
Judge: BEFORE: KEN R. SPRINGER,
Summary:
Statement of the Case This is an appeal under N.J.S.A. 11:2A-6 from the removal on charges of a municipal police officer. Two issues are raised: (1) Whether the officer is subject to discipline for unbecoming conduct or other just cause, N.J.A.C. 4A:2-2.3(a); and, if so, what is the appropriate type of discipline? N.J.A.C. 4A:2-2.2.

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Docket No.: csv3198-97
Decided: 1998-08-24
Caption: JOHN FABIAN, v. TOWN OF NORTH BERGEN,
Judge: KEN R. SPRINGER,
Summary:
Procedural History This is an appeal by a municipal police officer from his removal for cause. On August 13, 1997, appellant filed a notice of motion for summary decision, together with supporting certification and brief. Basically the pleadings raise two issues: Initially, appellant contends that the complaint must be dismissed as untimely under N.J.S.A. 40A:14-147. In particular, he alleges that the charges prepared by the Town of North Bergen (“Town”) within the forty-five day limitation period failed to provide adequate notice of the actual facts introduced at the hearing below. Alternatively, he urges that the charges must be dismissed because Town's hearing officer failed to issue a decision within twenty days of the hearing as required by N.J.S.A. 11A:2-14. Respondent filed its opposing papers, including a brief and affidavit, on September 17, 1997. Subsequently, on September 24, 1997, appellant filed a reply brief. The Office of Administrative Law conducted oral argument on August 24, 1998.

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Docket No.: csv3210-96
Decided: 1998-02-06
Caption: MARK WALKER, v. EAST JERSEY STATE PRISON,
Judge: IRENE JONES,
Summary:
Appellant, Mark Walker a Senior Corrections Officer (SCO) at East Jersey State Prison (EJSP) appeals the action of the respondent which suspended him from duty for ten (10) days. Respondent charged the appellant with violation of N.J.A.C. 4A:2-2.3(a)7, Neglect of Duty. The charges were received by the appellant as set forth in the Preliminary and Final Notices of Disciplinary Action (R-1, R-2). The Preliminary Notice provided for a thirty (30) day suspension but was amended in the Final Notice to ten (10) days. On March 14, 1996, the matter was transmitted to the Office of Administrative Law for hearing as a contested case pursuant to N.J.S.A. 52:14F-1 to 13. Hearings were filed on September 26, and October 7, 1997. The record remained open to allow the parties to file written summations. The record closed on November 14, 1997. At the request of undersigned the time for filing the was extended by the Merit System Board to February 12, 1998.

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Docket No.: csv3404-97
Decided: 1998-02-06
Caption: CHARLES MARK DAVION, v. NORTH JERSEY DEVELOPMENTAL CENTER,
Judge: STEPHEN G. WEISS,
Summary:
PROCEDURAL HISTORY This contested matter was transmitted for plenary hearing to the Office of Administrative Law by the Department of Personnel on March 18, 1997 at the request of the appellant, Charles Mark Davion, who had challenged his removal, effective August 1, 1996, on a charge of physical abuse of a client at the North Jersey Developmental Center (“NJDC”) where Davion had been employed as a plumber/steamfitter. The hearing was commenced on December 12, 1997, and continued on January 27, 1998. The following constitutes my .

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Docket No.: csv3537-97
Decided: 1998-06-26
Caption: GERARD SCHENCK, v. EAST JERSEY STATE PRISON,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant Gerard Schenck appeals from the disciplinary action filed against him by the East Jersey State Prison/New Jersey Department of Correction (East Jersey) seeking a 10-day suspension. East Jersey filed a Preliminary Notice of Disciplinary Action against Sergeant Schenck on June 18, 1996 seeking a removal from his position as a correction sergeant. After a hearing on July 9, 1996, certain charges were dismissed, the charges of violation of a rule, regulation, policy procedure, order or administrative decision and conduct unbecoming a public employee were upheld and the penalty was reduced to a 10-day suspension. Sergeant Schenck filed a timely appeal of the disciplinary action.

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Docket No.: csv3568-97
Decided: 1998-06-11
Caption: IN RE:NEWARK BOARD OF EDUCATION(STATE OPERATED SCHOOL DISTRICTOF THE CITY OF NEWARK)1996 LAYOFFS
Judge: ARNOLD SAMUELS,
Summary:
The appellants' are a large group of employees of the former Newark Board of Education, now the State Operated School District of the City of Newark, who were laid off from their positions, or demoted in lieu of layoffs, for reasons of economy or efficiency, effective between July and September 1996. The layoffs were appealed to the Merit System Board, and on March 26, 1997 the matter was transmitted to the Office of Administrative Law (OAL), on a consolidated basis, for hearing and determination as a contested case pursuant to N.J.S.A. 52:14f-1 to 13.

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Docket No.: csv3617-97
Decided: 1998-06-26
Caption: ON REMANDJOANNE WOLFE, v. KEAN COLLEGE OF NEWJERSEY,
Judge: ARNOLD SAMUELS,
Summary:
The appellant, Joanne Wolfe, was employed as a Senior Clerk Stenographer at Kean College of New Jersey. She was removed from her position, effective January 4, 1995, on disciplinary charges. Ms. Wolfe appealed her removal to the Merit System Board. PROCEDURAL HISTORY On March 3, 1995 the matter was transmitted to the Office of Administrative Law (OAL) by the Department of Personnel, for hearing and determination as a contested case, pursuant to N.J.S.A. 52:14F-1 to 13. An unsuccessful settlement conference was held on May 4, 1995, and the hearing was scheduled for September 15, 1995.

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Docket No.: csv3764-97
Decided: 1998-03-24
Caption: ABDUSH-shahid yasin, v. City of newark fire department,
Judge: EDITH KLINGER,
Summary:
Appellant requested an appeal from the decision of the Fire Department of the City of Newark to suspend him from his position as fire fighter for twelve days because he refused to shave his beard, in violation of departmental rules and regulations. Appellant requested a hearing on May 11, 1994, and on September 16, 1994, the Department of Personnel transmitted the matter to the Office of Administrative Law (OAL) 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. The respondent moved for summary decision in this matter on March 10, 1995. No response was received from appellant. On June 16, 1995, neither appellant nor his counsel appeared for the scheduled hearing, and the matter was heard on the papers submitted by respondent in support of its summary decision motion. An was issued by the undersigned on July 5, 1995.

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Docket No.: csv3836-97
Decided: 1998-06-30
Caption: Al v. se Russomano, v. Northern state prison,
Judge: EDITH KLINGER,
Summary:
On November 20, 1996, appellant, Alvise Russomano, was removed from his position as a Senior Corrections Officer with the Northern State Prison on charges. Appellant requested a hearing on December 10, 1996. On April 11, 1997, the Department of Personnel transmitted the matter to the Office of Administrative Law 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. The hearing was held on June 22, 1998 and the record closed on that date. After a departmental hearing held on November 14, 1996, appellant was served with a Final Notice of Disciplinary Action, dated November 20, 1996, removing him from his position, effective November 20, 1996, for:

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Docket No.: edu21-98
Decided: 1998-07-22
Caption: M.D.P-W. AND M.D.F ON BEHALFOF MINOR CHILD, M.F.,s, v. BOARD OF EDUCATION OF THEBOROUGH OF LAWNSIDE,CAMDEN COUNTY,
Judge: KATHRYN A. CLARK,
Summary:
Petitioners, M.D.P.-W. & M.D.F., challenge the determination of the Lawnside Board of Education, that M.W. is not entitled to a free public education by the Lawnside school district. PROCEDURAL HISTORY On December 27, 1996, M.D.P.-W., the mother of M.W., a minor child, and M.D.F., the guardian of M.W., filed a petition with the Department of Education, against the Board of Education of the Borough of Lawnside, challenging the Board's residency determination.

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Docket No.: csv3928-97
Decided: 1998-03-19
Caption: Alton Williams, v. County of Union,
Judge: EDITH KLINGER,
Summary:
On August 28, 1996, appellant, Alton Williams, sewer equipment operator for the County of Union (Union), was charged with conduct unbecoming a public employee and other sufficient cause pursuant to N.J.A.C. 4A:2-2.3(a)(6) and (11). Following a departmental hearing, he was found guilty of the charges and removed from his position, effective November 30, 1996. On December 10, 1996, appellant requested a hearing and on April 21, 1997, the Department of Personnel transmitted the matter to the Office of Administrative Law (OAL) 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. The hearing was held on February 10, 1998, and the record closed on that date.

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Docket No.: csv3939-97
Decided: 1998-02-11
Caption: William Churchwell, v. Police Department ofParsippany-Troy Hills,
Judge: EDITH KLINGER,
Summary:
On August 23, 1996, appellant was served with a Second Preliminary Notice of Disciplinary Action seeking to remove him from his position as patrolman with the Police Department of Parsippany-Troy Hills (Department) on charges. On November 22, 1996, he requested a hearing and on April 21, 1997, the Department of Personnel transmitted the matter to the Office of Administrative Law (OAL) 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. The hearing was held on January 22, 1998, and the record closed on January 29, 1998, following receipt of an additional submission. charges and specifications The charges as set forth in the Second Preliminary Notice of Disciplinary Action are as follows:

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Docket No.: csv394-97
Decided: 1997-12-04
Caption: JAMES HEDGEPETH, v. BURLINGTON COUNTYJAIL,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of a resignation in good standing that appellant now asserts was made under duress, in violation of the Civil Service Act, N.J.S.A. 11A:1-1 through -12.6, and regulations promulgated thereunder. Appellant requested a hearing and the matter was transmitted to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14F-1 through -13. A hearing was conducted on November 14, 1997, and the record closed on November 20, 1997, with the receipt of additional evidence. Certain facts are undisputed. Appellant was employed by respondent as a correction officer for approximately seven years. On May 16, 1996, he submitted a letter of resignation effective immediately and agreed not to seek future employment with Burlington County (R-1). The resignation was accepted the following day (R-2).

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Docket No.: csv395-97
Decided: 1998-03-20
Caption: ALFRED E. HARRIS, v. GARDEN STATE RECEPTION YOUTHAND CORRECTIONAL FACILITY,
Judge: WALTER F. SULLIVAN,
Summary:
Harris was the object of a Preliminary Notice of Disciplinary Action in January 1996, which gave rise to a Final Notice of Disciplinary Action promulgated on February 14, 1996, on various charges. Harris appealed the disciplinary action to the Merit System Review Board and that body transmitted the matter to the Office of Administrative Law in 1996. On July 2, 1996, Harris did not appear at a settlement conference and the Office of Administrative Law dismissed the matter. Following this, the Merit System Board granted Harris' motion for reconsideration of the dismissal and transmitted the matter, on remand, under its docket number CSV 395-97.

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Docket No.: csv4020-97
Decided: 1998-03-19
Caption: MINNIE RANDALL, v. DEPARTMENT OF HUMAN SERVICES,NEW LISBON DEVELOPMENTAL CENTER,
Judge: KATHRYN A. CLARK,
Summary:
The appellant, Minnie Randall, appeals the determination of the Department of Human Services, New Lisbon Developmental Center, respondent, to remove her from her position as a Cottage Training Technician, effective January 26, 1996, on charges. PROCEDURAL HISTORY The appellant appealed her removal and on April 30, 1997, the Merit System Board transmitted this matter to the Office of Administrative Law (OAL) for hearing and 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.

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Docket No.: csv4021-97
Decided: 1998-01-29
Caption: EDWARD SHORTMAN, v. ALBERT C. WAGNER YOUTHCORRECTIONAL FACILITY,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant appeals his suspension for ten days on charges of other sufficient cause involving a violation of a rule, regulation, policy, procedure, order or administrative decision. Respondent appealed this determination on December 18, 1996, and the matter was transmitted to the Office of Administrative Law (OAL) on April 30, 1997 for hearing as a contested case. The matter was scheduled for a settlement conference on July 8, 1997, and when a settlement was not effectuated, the matter was scheduled for hearing on December 17, 1997. On that day a hearing was held and concluded and the record closed.

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Docket No.: csv4224-97
Decided: 1998-01-08
Caption: MICHAEL DONATI, v. MOUNTAINVIEW YOUTHCORRECTIONAL FACILITY,
Judge: BERNARD GOLDBERG,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Michael Donati (appellant) appeals the decision of the New Jersey Department of Corrections (Department) removing him from his position as a senior correction officer (SCO) effective November 27, 1996, on charges. N.J.A.C. 4A:2-2.3(a)(11). The Department issued its Preliminary Notice of Disciplinary Action on November 1, 1996. At the departmental hearing held on November 14, 1996, appellant was found guilty of sleeping while on duty. The Final Notice of Disciplinary Action was received by appellant on December 6, 1996, making his December 12, 1996, request for an administrative hearing timely.

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Docket No.: csv4255-96
Decided: 1998-02-05
Caption: JAMES TRANTER, v. STATE DEPARTMENTOF TRANSPORTATION,
Judge: BEATRICE S. TYLUTKI,
Summary:
This matter concerns the removal, as of September 15, 1995, of the appellant, James Tranter, from his position as automotive mechanic, Division of Regional Operations, State Department of Transportation. This termination was based on the charge of conviction of a crime as set forth in the preliminary and final notices of disciplinary action (R-4, R-5). The appellant requested a hearing, and the matter was transmitted to the Office of Administrative Law on May 15, 1996, for a hearing pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. A settlement conference regarding the matter took place on July 25, 1996. At that time, Franklin L. Flacks, Esq., on behalf of the appellant, asked that the matter be placed on the inactive list in order to give him time to seek a waiver of the forfeiture provision contained in N.J.S.A. 2C:51-2. Deputy Attorney General Richard Harcar, who was representing the respondent at that time, did not object to the request. By order dated July 31, 1996, I placed the matter on the inactive list for a period of six months. The period of inactivity was continued by order dated February 13, 1997. Mr. Flacks has been unsuccessful in his attempt to get a waiver of the forfeiture provision.

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Docket No.: csv4261-96
Decided: 1998-01-29
Caption: MARK YAJCAJI, v. ALBERT C. WAGNER YOUTHCORRECTIONAL FACILITY,STATE DEPARTMENT OFCORRECTIONS,
Judge: STEVEN C. REBACK,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This is an appeal by the appellant, Mark Yajcaji, from a ten-day suspension imposed upon him in his position as a correction lieutenant employed by the Albert C. Wagner Youth Correctional Facility, State Department of Corrections (hereinafter “Wagner”). The suspension was imposed as a consequence of charges which were instituted against the appellant. The charges were initiated by the issuance of a Preliminary Notice of Disciplinary Action, dated October 31, 1995. The appellant was charged with violating N.J.A.C. 4A:2-2.3(a)10, “other sufficient cause.” In addition and underlying this charge, Yajcaji was accused of violating various rules and policies of Wagner, most specifically making a serious mistake due to carelessness which could result in danger and/or injury to persons or property. The specifications to the charges are extensive. They are as follows:

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Docket No.: csv4268-96
Decided: 1997-10-30
Caption: KAREN TIMBERLAKE, v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES,WOODBRIDGE DEVELOPMENTAL CENTER,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE respondent New Jersey Department of Human Services (DHS or appointing authority), which operates the Woodbridge Developmental Center, brings disciplinary action against appellant, a cottage training technician (CTT). The DHS alleges that appellant unjustifiably and repeatedly screamed at her superiors and created disturbances and refused her superiors' orders. The DHS claims that appellant's actions constitute insubordination and conduct unbecoming a public employee and that she must be removed from public employment. N.J.A.C. 4A:2-2.3. Appellant alleges that she is the “victim” of the DHS witnesses' malice and she submits that the DHS has not proven the above-described allegations and she submits that the disciplinary action should be dismissed.

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Docket No.: csv4286-98
Decided: 1998-09-22
Caption: CARL REID, v. BURLINGTON COUNTY,CORRECTIONS DEPARTMENT,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE During appellant's working test period (WTP) as a correction officer (CO) for respondent Burlington County Corrections Department (appointing authority), he was late or absent, etc., numerous times, and the appointing authority notified him that he failed to successfully perform during his WTP and that his employment was terminated. N.J.S.A. 11A:2-6(a)(4); N.J.A.C. 4A:2-4.1 to -4.3; N.J.A.C. 4A:4-5.1 to -5.5. Appellant contends that his superiors, except one, evaluated his performance as satisfactory overall and that, contrary to law, the appointing authority failed to prepare and furnish to him reports notifying him of unsatisfactory performance. N.J.A.C. 4A:4-5.3. On these bases, appellant claims that another WTP should be ordered. N.J.S.A. 11A:2-21; N.J.A.C. 4A:2-4.3.

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Docket No.: csv4360-97
Decided: 1998-06-04
Caption: BRUCE McGARVEY, v. TOWNSHIP OF MOORESTOWN,
Judge: ROBERT S. MILLER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Bruce McGarvey appeals from a decision of respondent, Township of Moorestown, suspending him without pay for 60 days and demoting him from the position of sergeant to that of police officer/patrolman.

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Docket No.: csv4462-97
Decided: 1997-12-09
Caption: ASUTOSH CHAKRABARTI, v. DEPARTMENT OF INSURANCE,
Judge: JEFF S. MASIN,
Summary:
This dispute between Mr. Chakrabarti and the Department of Insurance (“DOI”) has been the subject of a previous issued by this judge on February 3, 1997, and a remand issued by the Merit System Board (“Board”) on April 29, 1997. A hearing was held on August 8, 1997, during which the testimony of Judy L. Winkler, a former employee of the DOI, was presented in supplement to the extensive testimony received during the hearings preceding the . The attorneys filed briefs following that hearing and the record closed on October 28, 1997. In its decision remanding this case for additional consideration, the Board directed that I determine whether Mr. Chakrabarti could establish by a preponderance of the evidence that the DOI acted in bad faith when it took steps in 1987 to abolish the classified title of Chief Actuary. As noted in the first , the documentary record discloses that the Board, acting in response to a request for such action from the DOI, approved the abolition of the Chief Actuary title and several other classified actuary titles and approved the creation of a single title of Managing Actuary in the unclassified service on December 22, 1987, with an effective date of January 2, 1988. The prior record contains a memorandum, A-31, from Judy L. Winkler, then the Administrator of the Office of Personnel Management Systems in the Department of Civil Service, to then Commissioner Eugene J. McCaffrey, Sr., in which Ms. Winkler recommended approval of the establishment of the new Managing Actuary title and the “elimination of several existing titles which will no longer be used or required by the Department of Insurance since they have not been able to recruit candidates.” The second page of the exhibit contains a stamp which indicates the Board's approval of the recommendations at its meeting of December 22, 1987.

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Docket No.: csv8337-97_1
Decided: 1998-04-01
Caption: JILL JAMPETRO, v. STATE OF NEW JERSEY,DEPARTMENT OF HUMAN SERVICES,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE The State of New Jersey, Department of Human Services (DHS), citing reasons of economy and efficiency, by way of a reduction in force (RIF), eliminated positions and laid off employees. Appellant Jill Jampetro was so laid off and “bumped” into a lower title. She alleges that the DHS laid her off in bad faith and demands reinstatement to her former title. The DHS submits that appellant Jampetro has not proven her case and that her appeal must be dismissed. N.J.S.A. 11A:8-1.

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Docket No.: csv4485-97_1
Decided: 1998-05-07
Caption: EMPLOYEES OF THE DEPARTMENTOF ENVIRONMENTAL PROTECTION,s, v. DEPARTMENT OF ENVIRONMENTALPROTECTION,
Judge: M. KATHLEEN DUNCAN,
Summary:
An concerning the appeal of 134 employees of the Department of Environmental Protection from their layoffs/demotions effective July 8, 1995, for reasons of economy, was issued by the undersigned on July 11, 1996. On April 10, 1997, the Merit System Board issued their decision remanding the matter to the Office of Administrative Law for the sole purpose of permitting Steven P. Weissman, Esquire, then attorney of record for all 134 appellants, to file a motion to be relieved as counsel. Although the decision of the Merit System Board states that it was issued April 10, 1997, the file was not transmitted to the Office of Administrative Law until June 2, 1997. A supplemental prehearing conference was conducted by the undersigned on July 23, 1997, at which time a schedule was established for submission and decision of Mr. Weissman's motion to be relieved as counsel. The arrangements were confirmed by letter dated July 24, 1997 to both counsel as follows: This will confirm, pursuant to our telephone conference call on July 23, 1997, that on or before September 5, 1997 Mr. Weissman will file a motion to be relieved as counsel, with proof of service upon each individual appellant covered by a CWA contract. The notice of motion will advise that any response to the motion must be filed no later than 5 p.m. on September 22, 1997 and that oral argument on the motion will take place at 10 a.m. on Monday, November 3, 1997 at the Trenton office of the Office of Administrative Law, 9 Quakerbridge Plaza, Mercerville, New Jersey. The notice of motion should also state that any individuals who have filed “bad faith” claims related to issues other than workweek change and who intend to proceed with their claims, either pro se or represented by other counsel, should be present on November 3, 1997 at 10 a.m. for an in-person prehearing conference. If there are any individual appellants who are not covered by CWA contracts, Mr. Weissman should provide to me a list of those names no later than September 5, 1997, and I will have the OAL clerk add those names to the service list for the in-person prehearing conference scheduled for November 3, 1997.

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Docket No.: csv4511-97
Decided: 1997-12-23
Caption: OMAR GRAHAM, v. DEPARTMENT OF HUMAN SERVICES,ANCORA PSYCHIATRIC HOSPITAL,
Judge: STEVEN C. REBACK,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This is an appeal by the appellant, Omar Graham, from his removal effective December 13, 1996, from his position as a Human Services Assistant with respondent (Ancora), on charges.

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Docket No.: csv4512-97
Decided: 1997-11-21
Caption: MITCHELL WOOLRIDGE, v. ANCORA PSYCHIATRIC HOSPITAL, DEPARTMENT OF HUMAN SERVICES,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE Appellant, Mitchell Woolridge, former Human Services Technician (HST) at Ancora State Hospital, appeals from his removal on the grounds of physical abuse of a patient.

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Docket No.: csv4515-97
Decided: 1998-01-20
Caption: SANDRA J. SAMUEL, v. NEW LISBON DEVELOPMENTALCENTER,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter concerns the appeal of Sandra J. Samuel, Cottage Training Technician, from her suspension for twenty days on disciplinary charges of insubordinationintentional disobedience, resisting authority. The Preliminary Notice of Disciplinary Action, dated May 20, 1996, specified the disciplinary charges:

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Docket No.: csv4519-97
Decided: 1998-01-08
Caption: MICHELLE J. WILLIAMS, v. EDNA MAHAN CORRECTIONALFACILITY,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of respondent's decision to suspend appellant for fifteen days on charges of chronic and excessive absenteeism under the Civil Service Act, N.J.S.A. 11A:1-1 to -12.6 and regulations promulgated thereunder. Appellant requested a hearing and the matter was transmitted to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. A hearing was conducted on December 29, 1997, after which the record closed. The facts are substantially undisputed. Appellant is employed by respondent as a correction officer; her shift begins at 10:00 p.m. and ends at 6:00 a.m. Appellant testified that on July 20, 1996 she arrived to work on time, but after about 45 minutes began to feel very ill. She was experiencing vaginal bleeding and fainted in the bathroom. Appellant was taken to Zurbrugg Memorial Hospital where she was seen in the emergency room by Dr. Ben R. Tapper (A-2). Appellant testified that Dr. Tapper told her that she had an ectopic pregnancy and he performed a medical procedure to terminate the pregnancy and relieve her discomfort. Hydromorphone was prescribed (A-1), which appellant testified were pain pills. She was released from the hospital at 5:40 a.m., and telephoned respondent at that time to report her condition and that the doctor advised her to rest at home until July 27, 1996. The following day appellant saw her primary care physician, Dr. Delia Melton, who prescribed additional medications and also told her to stay home until July 27. The doctor provided a note to this effect (A-3). Appellant testified that she stayed home and rested for the days in question and returned to work at 10:00 p.m. on the evening of July 27. She provided the doctor's note as well as the emergency room report to respondent at that time.

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Docket No.: csv4521-96
Decided: 1998-05-27
Caption: WONDELL HANNAH, v. VINELAND DEVELOPMENTAL CENTER,
Judge: JOHN R. FUTEY,
Summary:
STATEMENT OF THE CASE In this matter appellant Wondell Hannah appeals her removal effective November 30, 1995, on a charge of physical abuse of an institutional consumer at the respondent Vineland Developmental Center (Center). The issue is whether or not appellant Hannah is the person who committed an abuse upon an institutional consumer which had been observed by another employee at the Center on November 15, 1995.

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Docket No.: csv4594-97
Decided: 1997-12-24
Caption: ELISA MOSCA, v. MARLBORO PSYCHIATRICHOSPITAL,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of respondent's decision to suspend appellant for ten days and sixty days, respectively, on charges of lateness, under the Civil Service Act, N.J.S.A. 11A:1-1 to -12.6, and regulations promulgated thereunder. Appellant requested a hearing and the matter was transmitted to the Office of Administrative Law (OAL) as a contested case pursuant to N.J.S.A. 52:14F-1 through -13. A hearing was conducted on December 11, 1997, after which the record closed.

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Docket No.: csv5035-97
Decided: 1998-04-20
Caption: IN RE: ESSEX COUNTY 1996LAYOFFS
Judge: ARNOLD SAMUELS,
Summary:
The appellants' are a group of fourteen employees of Essex County who were laid-off from their positions, or demoted in lieu of layoff, for reasons for economy and efficiency, effective April 1, 1996. The names of the fourteen appellants are listed in the Appendix attached to this decision. The layoffs were appealed to the Merit System Board, and on April 30, 1997 the matter was transmitted to the Office of Administrative Law (OAL), on a consolidated basis, for hearing and determination as a contested case pursuant to N.J.S.A. 52:14F-1 to 13.

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Docket No.: csv5155-97
Decided: 1997-09-29
Caption: MICHAEL WATKINS, v. NORTHERN STATE PRISON,STATE DEPARTMENT OF CORRECTIONS,
Judge: R. JACKSON DWYER,
Summary:
; STATEMENT OF THE CASE AND PROCEDURAL HISTORY This is an appeal under N.J.A.C. 4A:2-2.3(a)11, 4A:2-2.3(a)6, and Department of Corrections Human Resources Bulletin 84-17, as amended, C3, C5 and C11, inappropriate physical contact or mistreatment of an inmate and conduct unbecoming an employee stemming from an allegation that appellant, Michael Watkins, Senior Correction Officer, assaulted an inmate, Anthony Nelson, on September 10, 1996 by striking him in the left jaw with a closed hand and that the inmate was in mechanical restraints and under custody escort at the time of the assault.

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Docket No.: csv5219-97
Decided: 1997-12-02
Caption: Sherry FOrtune, v. East Jersey State Prison,
Judge: EDITH KLINGER,
Summary:
On December 18, 1996, appellant, Sherry Fortune, was charged with conduct unbecoming a public employee and with violation of Department of Corrections rules and regulations and removed from her position as Institutional Trade Instructor (ITI) at East Jersey State Prison (EJSP) effective December 11, 1996. On January 13, 1997, appellant requested a hearing and on May 7, 1997, the Department of Personnel transmitted the matter to the Office of Administrative Law 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. The hearing was held on November 24,1997 and the record closed on that date.

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Docket No.: csv5254-96
Decided: 1997-10-17
Caption: THOMAS FARRELL, v. RUTHERFORD POLICE DEPARTMENT,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant Thomas Farrell appeals from the disciplinary action filed against him by the Rutherford Police Department (“Rutherford” or “Department”) seeking a thirty-day suspension. Rutherford filed a Preliminary Notice of Disciplinary Action against Sergeant Farrell on May 26, 1995, seeking a suspension for ninety days and a demotion for charges including incompetence, inefficiency, failure to perform duties, neglect of duty, failure to follow vehicle pursuit guidelines, failure to follow department procedures with regard to vehicle pursuits and other sufficient cause. At the request of Sergeant Farrell, the Department held a hearing on November 30, 1995. On December 20, 1995, the Department issued Sergeant Farrell a Final Notice of Disciplinary Action sustaining all charges and providing for a penalty of a thirty-day suspension. Sergeant Farrell timely appealed the disciplinary action.

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Docket No.: csv5276-97
Decided: 1998-02-17
Caption: MURIEL BAKER, v. GREYSTONE PARKPSYCHIATRIC HOSPITAL,
Judge: MARYLOUISE LUCCHI-McCLOUD,
Summary:
This appeal was brought by Muriel Baker, (appellant) from a determination by the Department of Human Services, Greystone Park Psychiatric Hospital to impose a suspension of one hundred twenty days on charges of violation of policy/procedure and intentional misuse of authority and position. The matter was transmitted to the Office of Administrative Law (OAL) 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 on May 17, 1997. A settlement conference was scheduled for June 17, 1997. The matter was then scheduled for a hearing on November 17, 1997 at which time testimony was taken and the hearing record closed. *The 45 day time period for an Initial Decision would have ended on January 1, 1998 however an Order of Extension was granted for good cause due to the undersigned's heavy caseload. This extended the time in which to file the until February 17, 1998. On January 5, 1998 the appellant faxed a letter requesting the reopening of the record to add additional information. On January 9, 1998 the respondent faxed an objection to inclusion of any material after the close of the record. This issue will be discussed in the body of the decision.

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Docket No.: csv5532-96
Decided: 1998-05-13
Caption: DEBORAH BATTLE, ET AL.,s, v. CITY OF EAST ORANGE,
Judge: LINDA BAER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellants, Deborah Battle, Carol Boone-Brown, Frances Foster, Debra Lewis, Anne Moore, Emma Warren, Alice Lang Sims, Guantis Dortch, Marcella Williams, Rosalind Dunn, Marie Judith DeSanges, Lourdes Ramos and Saundra Jenkins were notified by the municipality of East Orange that they would be laid off or demoted from their positions effective October 31, 1995 for reasons of economy and efficiency. On May 24, 1996, the matter was transmitted to the Office of Administrative Law (OAL) for determination as a contested case pursuant to N.J.S.A. 52:14B-1.15 and N.J.S.A. 52:14F-1-13. The hearing was conducted. The parties submitted post-hearing briefs. The record in this matter closed on March 10, 1998 . A partial summary decision in this matter was issued previously. This decision included a resolution of the issues involving appellants Cameron, Mugford, Fragnola, Buchanan, Hannah, James, Martinez, McDougal, Scott and Steed. The appeals of Harriet Robinson and Pat Gerardo were dismissed for failure to pursue the appeal.

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Docket No.: csv5590-96
Decided: 1998-05-13
Caption: LARRY E. JOHNSON, v. EAST JERSEY STATE PRISON,
Judge: WALTER F. SULLIVAN,
Summary:
appellant Larry Johnson appealed a Final Notice of Disciplinary Action which directed his removal effective February 21, 1996, on charges of conduct unbecoming a public employee and other sufficient cause. The Merit System Board characterized the matter as a contested case and transmitted it to the Office of Administrative Law for disposition pursuant to the Administrative Procedure Act. Hearings were held on March 23 and April 21, 1998, and the record closed on the latter date. At the hearing, the Attorney General withdrew specification 2 of the original charges and argued for termination on specification 1, falsification of employment documents.

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Docket No.: csv5605-97
Decided: 1998-03-02
Caption: JOSETTE BODDIE, v. DEPARTMENT OF HUMANSERVICES/NORTH JERSEYDEVELOPMENTAL CENTER,
Judge: MARGARET M. HAYDEN,
Summary:
PROCEDURAL HISTORY AND STATEMENT OF THE CASE Josette Boddie (appellant) appeals from her removal by respondent Department of Human Services/North Jersey Developmental Center (respondent/appointing authority) from her employment as a Cottage Training Technician. The appointing authority served appellant with a Preliminary Notice of Disciplinary Action on January 4, 1996, on charges of being absent for five or more consecutive business days without the approval of a superior. The appointing authority held a hearing on the charges on April 16, 1996, at appellant's request. The appointing authority issued a Final Notice of Disciplinary Action on June 18, 1996, directing that the appellant be removed from her position effective December 19, 1995. On July 2, 1996, appellant made a timely request for a hearing at the Department of Personnel.

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Docket No.: csv5845-95
Decided: 1998-04-01
Caption: WILLIAM TAYLOR, JR. v. CITY OF NEWARK POLICEDEPARTMENT,
Judge: MARIE P. SIMONELLI, A.L.J
Summary:
STATEMENT OF THE CASE Appellant, William Taylor, Jr. (Officer Taylor), appeals the decision of respondent, City of Newark Police Department (the Police Dept.), to suspend him for three days without pay and for six days without pay from his position as a Police Officer for allegedly violating the Police Dept.'s. Sick Leave Residence Restriction and Accessibility to Department Surgeons and Superior Officers policies.

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Docket No.: csv6121-95
Decided: 1997-12-15
Caption: STEVE HILL, v. BURLINGTON COUNTYWASTE MANAGEMENT,
Judge: STEVEN C. REBACK,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This is an appeal by the petitioner, Steve Hill, from his release at the conclusion of a working test period, effective April 21, 1995, as a result of unsatisfactory performance. His release was from his position as a Mechanic Hydraulic, Office of Waste Management, County of Burlington. Following Mr. Hill's receipt of his notice of release, which was issued on or about April 18, 1995, the petitioner appealed to the Merit System Board on April 20, 1995. Thereafter, the Board transmitted the case to the Office of Administrative Law (OAL) as a contested matter, on or about January 13, 1995, pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 14F-1 to -13.

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Docket No.: csv6174-98
Decided: 1998-09-16
Caption: VALERIE BOLLING, v. DEPARTMENT OF HUMAN SERVICES,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE respondent New Jersey Department of Human Services (DHS) brings disciplinary action against appellant Valerie Bolling, a cottage training technician (CTT) in the Woodbine Developmental Center. More particularly, the DHS alleges that appellant pushed a client, endangering him and constituting “inappropriate contact,” for which she should be removed. Appellant denies any wrongful or inappropriate contact and submits that the action should be dismissed.

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Docket No.: csv6246-97
Decided: 1998-03-18
Caption: WILLIAM T. SMITH, v. NORTH PRINCETONDEVELOPMENTAL CENTER,
Judge: JOHN R. FUTEY,
Summary:
STATEMENT OF THE CASE In this matter appellant William T. Smith appeals two removals effective March 25, 1997 on charges. The first charge cites him with “inappropriate physical contact with a client.” The second charge alleges that he threatened and intimidated a fellow employee on state property. Appellant denies both charges.

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Docket No.: csv6398-97
Decided: 1998-04-02
Caption: MARY WILLINGHAM, v. VINELAND DEVELOPMENTAL CENTER,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Docket No.: csv6402-97
Decided: 1998-02-26
Caption: TUESDAY PRICE, v. WOODBINE DEVELOPMENTAL CENTER,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The Woodbine Developmental Center (Woodbine) terminated the appellant from her position as a cook effective February 21, 1997, on the grounds of chronic or excessive absenteeism from work. Appellant requested a fair hearing and the matter was transmitted to the Office of Administrative Law (OAL) to be heard as a contested case pursuant to the Administrative Procedures Act N.J.S.A. 52:14B-1 to -15, and the act creating the OAL N.J.S.A. 52:14F-1 to -13.

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Docket No.: csv6405-97
Decided: 1998-04-08
Caption: DAVID GIBSON, v. WOODBINE DEVELOPMENTALCENTER,
Judge: ROBERT W. SCOTT,
Summary:
The appellant, David Gibson, a human services assistant with the respondent appeals his removal, effective February 5, 1997. The petitioner received final notice of his removal on February 5, 1997, and on February 6, 1997, he appealed that removal to the New Jersey Department of Personnel. On July 30, 1997, the matter was transmitted to the Office of Administrative Law for determination as a contested case. The respondent has removed the appellant from his position, alleging that the appellant had inappropriate physical contact with a client at the respondent's developmental center. Specifically, it is alleged that on July 5, 1996, at about 9:45 a.m., while the appellant was working with clients in a training room, the appellant struck client, P.D., on the back of the head. In support of its action, the respondent relied upon the testimony of Stephen Cooper, who was working in the same training room on the date and time in question. The respondent also relied upon the testimony of Director Walker, that striking a client on the back of the head is inappropriate conduct by employees of the respondent while working with clients of the Center.

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Docket No.: csv6538-96
Decided: 1998-03-19
Caption: RUTH DILORETO, v. CAMDEN COUNTY,COUNTY HEALTH SERVICES CENTER,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE Appellant Ruth DiLoreto, an institutional attendant/certified nurse's aide (CNA) in Camden County's County Health Services Center, was absent and/or late repeatedly, for which she was counseled and disciplined. Thereafter, appellant's absence and lateness continued; in 1994, she was absent or late 62 times, and in 1995 she was absent or late 55 times. Respondent Camden County submits that appellant has demonstrated chronic or excessive and abusive absenteeism and lateness and claims that there is good cause for her removal from public employment. N.J.A.C. 4A:2-2.3.

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Docket No.: csv6789-96
Decided: 1997-10-28
Caption: CONSOLIDATED WITHMARK WILLIAMS, v. ATLANTIC CITY,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The Atlantic City Fire Department disciplined Firefighter Mark Williams on several occasions and he appealed. The matters were transmitted to the Office of Administrative Law (OAL) to be heard as a contested case, pursuant to the Administrative Procedures Act, N.J.S.A. 52:14B-1 to -15, and the act creating the OAL, N.J.S.A. 52:14F-1 to -13.

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Docket No.: csv6982-96
Decided: 1998-02-17
Caption: ANGELO CAPPETTA, v. BRICK TOWNSHIPSCHOOL DISTRICT,
Judge: KATHRYN A. CLARK,
Summary:
The appellant, Angelo Cappetta, was employed as Director of Data Processing by the Brick Township School District, respondent. The respondent terminated appellant's employment through lay-off, effective December 12, 1995. PROCEDURAL HISTORY

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Docket No.: csv7075-96
Decided: 1997-11-21
Caption: SAMUEL SANTANA, v. DEPARTMENT OF PUBLIC SAFETY,HUDSON COUNTY,
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE Appellant challenges the decision by Respondent to terminate his employment as a Hudson County Corrections Officer effective March 12, 1996, for insubordination, failure to perform duties, conduct unbecoming a public employee, neglect of duty and desertion of his post. Appellant requested a fair hearing by letter dated March 20, 1996; on June 24, 1996, the matter was transmitted to the Office of Administrative Law (OAL) 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.

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Docket No.: csv712-97
Decided: 1998-02-17
Caption: CHRIS HARPER, v. BAYSIDE STATE PRISON,
Judge: WALTER F. SULLIVAN,
Summary:
Chris Harper filed an appeal with the Merit System Board, challenging his removal on disciplinary grounds. Prior to the scheduling of a hearing date, the Attorney General moved for summary decision upon the ground that Harper had already been removed on unrelated causes and was hence not an employee of the State of New Jersey. Should the Attorney General prevail on this issue, Harper would have no standing to contest the grounds of the removal that underlay the disciplinary action here. The position of the Merit System Board with respect to prior removal actions has been defined in Linda Ridley v. New Lisbon State School, in which the Board determined that an individual who has already been terminated may not approach the Board to contest a later disciplinary action.

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Docket No.: csv720-97
Decided: 1998-03-18
Caption: CYNTHIA CHERRY, v. MARLBORO PSYCHIATRIC HOSPITAL
Judge: BRUCE R. CAMPBELL,
Summary:
Cynthia Cherry, appellant, formerly a nursing service clerk at Marlboro Psychiatric Hospital, respondent, appeals her resignation in good standing effective November 8, 1995. This matter was opened before the Merit System Board and was transmitted to the Office of Administrative law for determination as a contested case pursuant to N.J.S.A. 52:14F-1 through-13. The matter was heard on January 28, 1998 at the Office of Administrative Law, Trenton. The parties timely filed written summations and the record closed February 19, 1998.

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Docket No.: csv744-97
Decided: 1998-01-26
Caption: LINDA POPP, v. MONMOUTH COUNTY,DEPARTMENT OF HUMAN SERVICES,DIVISION OF SOCIAL SERVICES,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE Monmouth County, Department of Human Services, Division of Social Services, (the County or the appointing authority) brings disciplinary action against appellant, a principal personnel technician. Appellant is an alcoholic who reported to work under the influence of alcohol and the County alleges that, thereafter, after accommodation, opportunities for rehabilitation and notice of disciplinary repercussions, appellant again reported to work under the influence. On these bases, the County claims that there is good cause for her removal from public employment. N.J.A.C. 4A:2-2.3.

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Docket No.: csv7497-97
Decided: 1998-03-26
Caption: PAUL WILLIAMS, v. GREYSTONE PARK PSYCHIATRIC HOSPITAL,
Judge: JEFFREY A. GERSON,
Summary:
STATEMENT OF CASE In this civil service matter, Paul Williams was removed from his employment with Greystone Park Psychiatric Hospital for threatening and intimidating a co-employee. Mr. Williams contends that he is not guilty of threatening or intimidating the employee.

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Docket No.: csv750-97
Decided: 1998-08-06
Caption: ALLAN R. BILDER, v. ANCORA PSYCHIATRIC HOSPITAL,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter is the appeal of Allan R. Bilder (“Bilder”) of his removal by Ancora Psychiatric Hospital (“Ancora”) from the position of Manager 2, Human Resources on grounds of violation of Administrative Orders. A Preliminary Notice of Disciplinary Action was served upon Bilder on October 3, 1996. An amended Preliminary Notice of Disciplinary Action dated October 7, 1996 was served upon Bilder on November 6, 1996. A hearing was held on December 3, 1996 resulting in the Final Notice of Disciplinary Action dated December 23, 1996 to remove Bilder from the position of Manager 2, Human Resources, effective October 7, 1996. (Exhibit A-20). Timely notice of appeal of the termination and removal was filed with the Merit System Board on December 30, 1996.

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Docket No.: csv756-97
Decided: 1998-02-27
Caption: PETER AMATO, v. DIVISION OF MEDICALASSISTANCE AND HEALTHSERVICES, STATE DEPARTMENTOF HUMAN SERVICES,
Judge: BEATRICE S. TYLUTKI,
Summary:
This matter concerns the forty-five day suspension imposed on the appellant, Peter Amato, a supervising medical review analyst, employed by the Division of Medical Assistance and Health Services (Division), State Department of Human Services (Department). This discipline is based on the charge of sexual harassment. The specifications for the charge as set forth in the preliminary notice of disciplinary action, dated June 17, 1996, are:

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Docket No.: csv759-96
Decided: 1997-10-01
Caption: ALICE ABNER, v. MIDDLESEX COUNTY BOARDOF SOCIAL SERVICES,
Judge: BRUCE R. CAMPBELL,
Summary:
Alice Abner, formerly an Income Maintenance Worker (IMW) employed by the Middlesex County Board of Social Services (MCBSS), appeals her suspension and removal from that position on charges of conduct unbecoming a public employee and fraudulent receipt of Aid to Families with Dependent Children (AFDC) benefits. This matter was opened before the Merit System Board and transmitted to the Office of Administrative Law for determination as a contested case, pursuant to N.J.S.A. 52:14F-1 through -13. Certain facts are not in dispute and may be summarized as follows. The appellant was personally served a preliminary notice of disciplinary action and summary report for disciplinary action on June 20, 1995. She was charged with conduct unbecoming a public employee and fraudulent receipt of AFDC benefits. The appellant requested a hearing before the appointing authority which was held on July 24, 1995. A final notice of disciplinary action sustaining the charges was served by certified or registered mail received on August 14, 1995. The matter was transmitted to the Office of Administrative Law on February 23, 1996. Delays in hearing were granted because criminal charges were pending against the appellant. When the matter could be scheduled for hearing, the appellant's attorney could not or did not appear. The matter was heard on August 21, 1997, at the Office of Administrative Law, Trenton. Six persons testified and twenty-eight exhibits were entered into evidence. Counsel filed posthearing submissions and the record closed on September 5, 1997.

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Docket No.: csv7604-97
Decided: 1998-04-07
Caption: CURTIS CURRY, v. HUDSON COUNTY JUVENILEDETENTION CENTER,
Judge: STEPHEN G. WEISS,
Summary:
PROCEDURAL HISTORY This contested case was transmitted by the Department of Personnel to the Office of Administrative Law on August 7, 1997, as the result of a request for a hearing by the appellant, Curtis Curry, formerly a teacher at the Hudson County Juvenile Detention Center, who had been removed from employment on February 27, 1996 on two separate charges of unbecoming conduct (Exhibits R-1,R-2(a),R-2(b),R-3). Following an unsuccessful settlement conference in September 1997, I conducted a plenary hearing on February 4, 1998 and at the conclusion of the hearing a schedule for submitting Proposed Findings of Fact and Conclusions of Law was established. Briefs thereafter were filed.

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Docket No.: csv7669-97
Decided: 1998-04-29
Caption: Deborah Snowden, v. Preakness Hospital, passaic county
Judge: EDITH KLINGER,
Summary:
On December 3, 1996, appellant, Deborah Snowden, certified nursing attendant at Preakness Hospital, was served with a Final Notice of Disciplinary Action charging her with insubordination, neglect of duty and job abandonment pursuant to N.J.A.C. 4A:2-2.3(a)2, 7 and 9 (other sufficient cause), respectively. A ten-day suspension was imposed beginning on January 13, 1997. On December 13, 1996, appellant requested a hearing and on August 15, 1997, the Department of Personnel transmitted the matter to the Office of Administrative Law (OAL) 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. The hearing was held on April 23, 1998 and the record closed on that date.

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Docket No.: csv7769-97
Decided: 1998-08-05
Caption: HECTOR RIVERA, v. NEWARK SCHOOL DISTRICT,
Judge: LINDA BAER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter was transmitted to the Office of Administrative Law on August 20, 1997 for determination as a contested matter. Mr. Rivera appeals his indefinite suspension without pay pending disposition of a criminal indictment. This matter was scheduled for June 2, 1998. It was determined by the undersigned that the matter was ripe for summary decision. Counsel was advised to prepare briefs to be submitted no later than June 30, 1998. Counsel for petitioner submitted his brief in a timely manner. Counsel for respondent failed to submit a brief and the record was closed. Submitted as documents into evidence were J-1, the Preliminary Notice of Disciplinary Action (PNDA), plus attachments and J-2, the Final Notice of Disciplinary Action (FNDA).

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Docket No.: csv7853-96
Decided: 1998-07-30
Caption: JOHN MONDRY v. JERSEY CITY POLICE DEPARTMENT
Judge: SEBASTIAN GAETA, JR.,
Summary:
:

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Docket No.: csv8248-97
Decided: 1998-05-18
Caption: SEAN CLARK, v. TRENTON HOUSING AUTHORITY,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant appeals from his removal as a Building Maintenance Worker, effective February 13, 1997, on various charges. Appellant requested a hearing on February 18, 1997, and the matter was transmitted to the Office of Administrative Law (OAL) on September 25, 1997, for hearing as a contested case. The matter was scheduled for a settlement conference on November 25, 1997, but the settlement conference was adjourned because the representatives for the parties had not been notified. The matter was rescheduled for a settlement conference on January 12, 1998, but this was adjourned because of the illness of the attorney for respondent. The matter was rescheduled for a settlement conference on February 26, 1998, and on that date the matter was not able to be settled. Accordingly, the matter was scheduled for hearing on April 27, 1998.

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Docket No.: csv8250-97
Decided: 1998-07-01
Caption: CRAIG HAMBLIN, v. ATLANTIC CITY,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Atlantic City removed the appellant from his position as a police officer effective March 10, 1997, on the charges of violating standards of conduct and soliciting gifts, gratuities, fees, rewards or loans. The exact specifications reads as follows:

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Docket No.: csv8275-96
Decided: 1998-06-12
Caption: THERESA HARRIS, v. MARLBORO PSYCHIATRIC HOSPITAL,
Judge: WALTER F. SULLIVAN,
Summary:
Marlboro Psychiatric Hospital promulgated a Preliminary Notice of Disciplinary Action seeking to terminate human services technician Theresa Harris effective March 11, 1993, for conduct unbecoming a public employee. The critical specifications of that charge are that Harris allowed a prison inmate (who had been working at Marlboro under a joint program with the Department of Corrections) to leave the facility and that she interfered with his apprehension. The Monmouth County grand jury handed up a four-count indictment against Harris. Harris was acquitted on the first three charges and convicted on the fourth, namely, interfering with the apprehension of another, an offense of the fourth degree. N.J.S.A. 2C:29-3(a)(1). conviction of a crime of the fourth degree does not trigger automatic job forfeiture under N.J.S.A. 2C:51-2. the Marlboro disciplinary proceedings resulted in Harris's termination. Harris appealed to the Merit System Board, which transmitted the matter to the Office of Administrative Law for disposition pursuant to the Administrative Procedure Act.

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Docket No.: csv8337-97
Decided: 1998-09-09
Caption: ERNEST LUCAS, v. STATE OF NEW JERSEY,DEPARTMENT OF HUMAN SERVICES,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE The State of New Jersey, Department of Human Services (DHS), citing reasons of economy and efficiency, eliminated positions by way of a reduction in force (RIF) and notified appellant Ernest Lucas, among other employees, that he would be laid off, notified him of available (lower) positions and notified him that he should choose one of the available positions. Appellant alleges that the DHS mistakenly recorded his choice and he demands that he be placed in the position he chose. The DHS denies appellant's allegation and submits that his choice was properly processed. N.J.S.A. 11A:8-1.

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Docket No.: csv8608-96_1
Decided: 1998-02-06
Caption: RHONDA JOHNSON, v. ATLANTIC COUNTY,DEPARTMENT OF PUBLIC SAFETY,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE Atlantic County (the appointing authority) brings disciplinary action against appellant, a correction officer (CO) at the Atlantic County justice facility. Atlantic County charges that appellant is guilty of unauthorized leave violations and insubordination and claims that she must be suspended for fourteen days without pay. N.J.A.C. 4A:2-2.3. Appellant denies that she committed the alleged acts; but also href='#author1">[Author ID1: at Fri Feb 6 16:19:00 1998 ] and submits that they are so minimal that the disciplinary action should be dismissed.

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Docket No.: csv8338-97
Decided: 1998-06-02
Caption: LUCY ALONSO, v. DEPARTMENT OF PERSONNEL,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of a reduction in force (RIF) under the Civil Service Act, N.J.S.A. 11A:1-1 to -12.6, and regulations promulgated thereunder. Appellant requested a hearing and the matter was transmitted to the Office of Administrative Law (OAL) as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. A hearing was conducted on March 23, March 31, April 1 and April 2, 1998. The record closed on May 19, 1998, with receipt of respondent's post-hearing memorandum. The question presented is whether respondent's action against appellant was motivated by bad faith.

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Docket No.: csv8339-97
Decided: 1998-04-22
Caption: CHARLES E. BARRON, v. CITY OF ATLANTIC CITY,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE Appellant, Charles E. Barron, continues pursuit of his appeal, on remand from the Appellate Division of the Superior Court to the Merit System Board (MSB; the Board). He contends that the MSB should not have removed him from an open competitive eligible list for Firefighter, Atlantic City (M9039N), for failure to satisfy the residency requirement. Respondent, Atlantic City (appointing authority; the City), contests the appeal, persisting in its original complaint that appellant should be removed from the list.

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Docket No.: csv834-97
Decided: 1998-01-26
Caption: ANTHONY RECINE, v. HAMILTON TOWNSHIP,
Judge: JEFF S. MASIN,
Summary:
When this contested case was first transmitted to the Office of Administrative Law (“OAL”) from the Merit System Board (“Board”) on February 18, 1997, Anthony Recine, a police sergeant with the Hamilton Township Police Department, was working in a restricted duty capacity as a supervisor in the police communications room. He was prohibited from carrying a firearm and was therefore not permitted to assume all of the regular and ordinary assignments available to police officers in the Township. This situation resulted from events which began, at least in regard to the discreet matter before me, on February 14, 1996, when, as will be detailed below, Sergeant Recine, while in the department headquarters, allegedly made certain remarks about being “under stress” and “not being able to take it any more.” It is undisputed that in the days following these comments the department directed that Sergeant Recine see Dr. John Motley, a Board Certified psychiatrist, and Dr. Alvin Krass, Ph.D., a New Jersey licensed psychologist, for purposes of evaluations regarding his fitness for duty, and it is also undisputed that on March 7, 1996, the Township issued a Preliminary Notice of Disciplinary Action to Mr. Recine, advising him that several specified “facts” “indicate, an emotional, psychological or psychiatric condition which renders you (Sergeant Recine) unable to perform adequately as a law enforcement officer.” The Preliminary Notice contained “x” markings next to each of the pre-printed list of possible disciplinary actions which might be taken as a result of the charges if proven, i.e., “suspension,” “removal,” “demotion,” “resignation not in good standing,” and “fine.” In addition, on the attached page containing specifications, the term “other disciplinary action” was listed, more specifically, “reassignment according to ability.” Specifically, the Preliminary Notice listed the following matters as supportive of the officer's unfitness.

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Docket No.: csv8340-97
Decided: 1997-12-30
Caption: WILLIAM HAMP, v. DEPARTMENT OF CORRECTIONSBUREAU OF PAROLE,
Judge: STEVEN C. REBACK,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY On July 7, 1995, the appellant, William Hamp, in his capacity as the Assistant Chief of the Bureau of Parole, State Department of Corrections (Bureau or Department) was notified of the institution of a minor disciplinary action against him in the form of a written reprimand. The charge, which was incorporated into the Notification of Minor Disciplinary Action was neglect of duty resulting in danger to persons or property in violation of N.J.A.C. 4A:2-2.3(a)7. The specifications to the charges are as follows:

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Docket No.: csv8343-96
Decided: 1997-10-31
Caption: MELVIN SMITH, v. TRENTON HOUSING AUTHORITY,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE Appellant, Melvin Smith originally appealed his termination from the position of Maintenance Repairer, Trenton Housing Authority.

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Docket No.: csv8414-97
Decided: 1998-05-27
Caption: ADA V. WHITE, v. RIVERFRONT STATE PRISON,
Judge: ROBERT W. SCOTT,
Summary:
In this matter, the appellant Ada V. White, a head nurse with the respondent, appeals a denial of Sick-Leave Injury benefits, which she claimed from July 3, 1991, and for one year thereafter. The appellant alleged that on July 2, 1991, while in the course of her duties her left foot was struck by a chair being dragged by an inmate. Though the appellant admitted that she had suffered a nonwork-related left-foot injury approximately two years prior to July 2, 1991, she maintained that this injury was completely healed by that date. The respondent denied the appellant's application, in accordance with the provisions of N.J.A.C. 4A:6-1.7(a), which requires an employee to report to their supervisor any work accident or condition claimed to have caused disability upon occurrence or discovery. Further, the physician on duty on the night of July 2, 1991, provided a statement indicating that the appellant had not reported an injury to him or to anyone on his staff. Also, the guard, who the appellant acknowledged was present at the time of the injury, denied that the inmate had run anything over the appellant's foot.

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Docket No.: csv8594-97
Decided: 1998-04-21
Caption: CORNELIA EASLEY, v. WOODBINE DEVELOPMENTAL CENTER,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The Woodbine Developmental Center (WDC) removed the appellant from her position as a Cottage Training Technician effective March 1, 1997, on charges of client mistreatment. Appellant appealed and the matter was transmitted to the Office of Administrative Law (OAL) to be heard as a contested case pursuant to the Administrative Procedures Act N.J.S.A. 52:14B-1 to -15, and the act creating the OAL N.J.S.A. 52:14F-1 to -13.

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Docket No.: csv869-97
Decided: 1997-11-21
Caption: STANLEY TRAAS, v. MIDDLE TOWNSHIPBOARD OF EDUCATION,
Judge: ROBERT W. SCOTT,
Summary:
The appellant, Stanley Traas, a bus driver for the respondent appeals his removal, effective June 4, 1996. The appellant received final notice of his removal on June 20, 1996, and on June 28, 1996, the appellant, through his attorney, filed an appeal with the New Jersey Department of Personnel. On February 20, 1997, the matter was transmitted to the Office of Administrative Law for determination as a contested case. The facts in this case are not in dispute. On March 25, 1996, the appellant, after finishing his morning school bus run, parked his school bus in the school bus parking lot leaving a special education student on the bus. Approximately 25 minutes later, at about 1:00 p.m., the child was found by another bus driver walking around the buses parked in the lot. The parking lot is located next to a busy highway and there are fuel tanks in the yard where the school buses are refueled.

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Docket No.: csv8701-96
Decided: 1998-01-06
Caption: KATHLEEN KUZMUNICH, v. BUTTONWOOD HOSPITAL,BURLINGTON COUNTY,
Judge: BEATRICE S. TYLUTKI,
Summary:
This matter concerns the appeal filed by the appellant, Kathleen Kuzmunich, regarding her release at the end of her working test period from the position of head nurse at the Buttonwood Hospital of Burlington County (County), due to unsatisfactory services. The matter was transmitted to the Office of Administrative Law on October 11, 1996, for a hearing pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. There was an early settlement conference regarding the matter on January 22, 1997, and since it did not settle, the matter was scheduled for hearing before me on June 26, 1997. At the request of Wayne A. Hamilton, Esq., on behalf of the County, I adjourned the hearing so that the County could present a motion for summary decision. After receipt of briefs from the parties, the record in the matter closed on October 10, 1997. At my request, the date for the issuance of an was extended until January 8, 1998.

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Docket No.: csv8843-96
Decided: 1998-08-15
Caption: LINDA SKOTAREK, v. WOODBINE DEVELOPMENTAL CENTER,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant, Linda Skotarek, appeals from a determination by the Woodbine Developmental Center (Woodbine) to impose a 30 day suspension, without pay, grounded upon the charge that appellant made a serious mistake due to carelessness which resulted in the injury of a client; i.e., specifically, that appellant neglected to intervene when an electrical massager was placed inside of a client's pants which caused second degree burns to his right thigh. Appellant denies the charge.

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Docket No.: csv893-97
Decided: 1998-07-10
Caption: THERESA WADLEY, v. CUMBERLAND COUNTY,
Judge: ROBERT W. SCOTT,
Summary:
The appellant, Theresa Wadley, County Correction Officer, appeals her resignation not in good standing, effective October 11, 1996. On October 29, 1996, the appellant received Final Notice of Disciplinary Action, resigning her from her position with the respondent, not in good standing. On November 25, 1995, the appellant filed an appeal with the New Jersey Department of Personnel. On February 21, 1997, the matter was transmitted to the Office of Administrative Law for determination as a contested case. On September 25, 1996, the appellant was served with a Notice of Preliminary Disciplinary Action, charging her with violations of the New Jersey Administrative Code, concerning discipline. Basically, however, the respondent relied upon the provisions of N.J.A.C. 4A:2-6.2, which allows the respondent to resign an employee not in good standing, when that employee has been absent from work five or more consecutive work days without approval. This regulation provides that approval shall not be unreasonably denied, either for a requested absence or a requested leave of absence. Specifically, the respondent alleged that from September 20, 1996 through September 24, 1996, the appellant was absent from work without approval, and that she had no vacation, sick leave or administrative leave time which could be used as credit against her absences for these dates.

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Docket No.: csv902-97
Decided: 1997-12-05
Caption: THEODORE J. RICCI, v. COUNTY OF MIDDLESEX,
Judge: ROBERT S. MILLER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Theodore J. Ricci (appellant) appeals from a decision of the County of Middlesex (respondent or the County) suspending him without pay for a total of 11 days, based on 3 separate charges, two alleging failure to properly perform his duties and one alleging improper criticism of official acts or orders, contrary to the rules and policies of the Middlesex County Police Department (the Department).

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Docket No.: csv904-97
Decided: 1998-03-26
Caption: JAMES BELL, v. BURLINGTON COUNTYDEPARTMENT OF HIGHWAYS & BRIDGES,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE The Burlington County Department of Highways & Bridges (County or appointing authority) brings major disciplinary action against appellant, one of its laborers. Specifically, the appointing authority alleges that, despite warnings, counseling, etc., in 1994, 1995 and 1996 the appellant repeatedly was absent or late for work and/or failed to properly give notice of his absences, etc. based upon these allegations, the County charges appellant with “chronic or excessive absenteeism or lateness,” “conduct unbecoming a public employee,” “neglect of duty” and violation of its policy, and demands that the appellant be suspended from employment without pay for 6 days. N.J.S.A. 11A:1-1 to 12-6; N.J.A.C. 4A:2-2.2, -2.3(a)(4), (6), (7).

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Docket No.: csv9047-96
Decided: 1998-07-15
Caption: ADELINO BENAVENTE, ET AL., v. DEPARTMENT OF PERSONNEL,
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE This matter was transmitted by the Merit System Board to the Office of Administrative Law (OAL), on August 26, 1996, pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13, as the result of a remand from the Appellate Division.

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Docket No.: csv9290-97
Decided: 1998-08-28
Caption: Druscilla Clark, v. East Jersey State Prison,
Judge: EDITH KLINGER,
Summary:
Appellant, Druscilla Clark, Secretarial Assistant III, East Jersey State Prison Adult Diagnostic Treatment Center (ADTC), Avenel, New Jersey, was charged with multiple instances of insubordination in violation of departmental rules and, pursuant to N.J.A.C. 4A:2-2.3(a)2, she was subject to major disciplinary action, including removal, from her employment. Following a departmental hearing, she was found guilty of the charges and removed from her position, effective December 10, 1996. On February 6, 1997, appellant requested a hearing and on September 17, 1997, the Department of Personnel transmitted the matter to the Office of Administrative Law (OAL) 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. The hearing was originally scheduled for March 27, 1997 but was adjourned due to the unavailability of appellant's counsel. The hearing was rescheduled and held on August 19, 1998. Appellant's request to continue the hearing to August 24, 1998 was withdrawn on the morning of that date and the record closed.

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Docket No.: csv9575-97
Decided: 1998-09-16
Caption: VINCENT BRITT, v. NEWARK FIRE DEPARTMENT,
Judge: STEPHEN G. WEISS,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This termination case was transmitted to the Office of Administrative Law on October 8, 1997 as the result of the filing of an appeal in February 1997 by Vincent Britt challenging his removal as a fire alarm operator by his employer, the Newark Fire Department, effective January 23, 1997, on charges. The specification of charges set forth that Britt had been arrested in Elizabeth on May 10, 1994 and charged with unlawful possession of a weapon in violation of N.J.S.A. 2C:39-5. He pleaded guilty to that charge in June 1994 in Superior Court, Union County and was sentenced to two years probation and a $200 fine. The specification went on to note that Britt neglected to notify the Director/Fire Chief of either the arrest or his conviction, a violation of the Department's rules.

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Docket No.: csv9602-94
Decided: 1998-09-21
Caption: LAWRENCE ZAMENSKY, v. GARDEN STATE RECEPTION ANDYOUTH CORRECTIONAL FACILITY,
Judge: WALTER F. SULLIVAN,
Summary:
Lawrence Zamensky appealed a Final Notice of Disciplinary Action which upheld various charges and ordered his removal from the position of senior correction officer at the Garden State Reception and Youth Correctional Facility. The Merit System Board characterized the matter as a contested case and transmitted it to the Office of Administrative Law for disposition pursuant to the Administrative Procedure Act. The record closed on August 14, 1998. Before turning to the merits, I note some preliminary matters that might arguably bear on the disposition of the case. First, among the charges upheld in the Final Notice of Disciplinary Action was conviction of a crime of the third degree or above. That specification was later abandoned by the respondent, as it appeared that there had been no conviction of any crime.

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Docket No.: csv9622-96
Decided: 1998-05-21
Caption: ARTHUR DENT, v. THE STATE OPERATED SCHOOLDISTRICT OF THE CITY OF NEWARK,
Judge: MARIE P. SIMONELLI, A.L.J
Summary:
STATEMENT OF THE CASE Appellant, Arthur Dent (Mr. Dent), appeals the decision of respondent, the State Operated School District of the City of Newark (the District), to remove him from his position as Custodial Worker, effective October 25, 1995.

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Docket No.: csv969-97
Decided: 1997-10-24
Caption: NANCY BATURA, v. CAPE MAY COUNTY,
Judge: ROBERT W. SCOTT,
Summary:
The appellant, Nancy Batura, County Correction Officer with the respondent's sheriff's office appeals her resignation not in good standing, effective August 29, 1996. The appellant received final notice of her resignation not in good standing on August 30, 1996, and on September 4, 1996, the appellant, through her attorney, filed an appeal with the New Jersey Department of Personnel. On February 25, 1997, the matter was transmitted to the Office of Administrative Law for determination as a contested case and a hearing was held on September 11, 1997, in the Atlantic County Civil Courthouse, Atlantic City, New Jersey. DISCUSSION

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Docket No.: csv9707-96
Decided: 1998-04-01
Caption: DOVALL FAISON, v. HUDSON COUNTY, DEPARTMENT OFSAFETY/CORRECTIONS,
Judge: MARIE P. SIMONELLI, A.L.J.
Summary:
STATEMENT OF THE CASE Appellant, Dovall Faison (Officer Faison), appeals the decision of respondent, Hudson County, Department of Public Safety/Corrections (the County), demoting him from his position as a Supervising Juvenile Detention Officer to a Juvenile Detention Officer and fining him ten days' pay, due to alleged insubordination, neglect of duty, incompetency and conduct unbecoming a public employee.

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Docket No.: csv977-98
Decided: 1998-09-04
Caption: LESTER SMITH, v. COLLEGE OF NEW JERSEY,
Judge: ROBERT W. SCOTT,
Summary:
The appellant, Lester Smith, a senior building maintenance worker with the respondent, appeals his resignation not in good standing, which became effective on November 25, 1996. The appellant received final notice of his resignation not in good standing on February 25, 1997, and on March 4, 1997, the appellant filed an appeal with the Department of Personnel. On February 24, 1998, the matter was transmitted to the Office of Administrative Law for determination as a contested case and a hearing was held on July 28, 1998. It is not disputed by the appellant that he did not report to work from November 18, 1986 through January 5, 1997, and that during this time no representative of the respondent was contacted by the appellant concerning his absence from work. It was the testimony of Associate Director of Housing Operations Maconi, the appellant's supervisor, that on December 19, 1996, he received a call from a person who identified herself as “Veronica,” who told Maconi that the appellant was in the Mercer County Jail. Prior to this Maconi had tried to call the appellant and was unsuccessful and at weekly staff meetings Maconi had queried other employees about the appellant's failure to report to work. The evidence clearly is not disputed that the appellant was absent from work five or more consecutive business or work days without notification or knowledge on the part of his employer and that there was no permission from the respondent for the appellant to be absent.

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Docket No.: csv979-97
Decided: 1998-02-04
Caption: WASHINGTON McLELLAND, v. CITY OF PERTH AMBOY,
Judge: JOSEPH F. FIDLER,
Summary:
STATEMENT OF THE CASE This matter concerns the appeal of Washington McLelland, an employee of the respondent City of Perth Amboy, from a suspension for 60 days and a demotion from police captain to lieutenant, on disciplinary charges. In its Preliminary Notice of Disciplinary Action, dated November 3, 1995, the respondent appointing authority specified the disciplinary charges against the appellant as follows:

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Docket No.: csv998-98
Decided: 1998-09-10
Caption: BRYON DOUGLAS, v. DEPARTMENT OF CORRECTIONS,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE The Department of Corrections (the appointing authority) brings disciplinary action against appellant, a senior correction officer (SCO) at the Department's Garden State Correctional Facility (GSCF). The Department alleges that appellant negligently failed to monitor prisoners, thereby contributing to a prisoner's escape; the Department charges that such negligence constitutes incompetence, inefficiency or failure to perform duties; and the Department claims that appellant should be suspended for 30 days. N.J.A.C. 4A:2-2.3. The appellant denies the Department's allegations and he demands dismissal of the charges.

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Docket No.: ctv3771-97
Decided: 1998-01-07
Caption: In the matter of an application:byTCI, INC. - GloucesterTO CHARGE ITS CUSTOMERS MOREfor equipment, MORE for installations andLESS for its BASIC CABLE SERVICE
Judge: BEFORE: THOMAS E. CLANCY,
Summary:
FOREWORD In recent years, the FCC has endeavored to insure that cable subscribers pay the same monthly bills as those which would be charged by cable purveyors in a competitive environment. In order to do so, the FCC adopted an approach to determine whether a cable system is subject to effective competition. For those cable systems which are not subject to effective competition, the FCC adopted methodologies to set initial rates for basic cable service as well as installation and equipment. For subsequent rate changes, the FCC adopted fictional price-cap methodologies which involve adjustments to existing rates and which, for all intents and purposes, are considered to be presumptively reasonable.'

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Docket No.: ctv3772-97
Decided: 1998-01-07
Caption: In the matter of an application:byTCI, INC. - Northern New JerseyTO CHARGE ITS CUSTOMERS MOREfor equipment, MORE for installations andMORE for its BASIC CABLE SERVICE
Judge: BEFORE: THOMAS E. CLANCY,
Summary:
FOREWORD In recent years, the FCC has endeavored to insure that cable subscribers pay the same monthly bills as those which would be charged by cable purveyors in a competitive environment. In order to do so, the FCC adopted an approach to determine whether a cable system is subject to effective competition. For those cable systems which are not subject to effective competition, the FCC adopted methodologies to set initial rates for basic cable service as well as installation and equipment. For subsequent rate changes, the FCC adopted fictional price-cap methodologies which involve adjustments to existing rates and which, for all intents and purposes, are considered to be presumptively reasonable.'

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Docket No.: ctv3773-97
Decided: 1998-01-07
Caption: In the matter of an application:byTCI, INC. - Northern New JerseyTO CHARGE ITS CUSTOMERS MOREfor equipment, MORE for installations andMORE for its BASIC CABLE SERVICE
Judge: BEFORE: THOMAS E. CLANCY,
Summary:
FOREWORD In recent years, the FCC has endeavored to insure that cable subscribers pay the same monthly bills as those which would be charged by cable purveyors in a competitive environment. In order to do so, the FCC adopted an approach to determine whether a cable system is subject to effective competition. For those cable systems which are not subject to effective competition, the FCC adopted methodologies to set initial rates for basic cable service as well as installation and equipment. For subsequent rate changes, the FCC adopted fictional price-cap methodologies which involve adjustments to existing rates and which, for all intents and purposes, are considered to be presumptively reasonable.' In this case, TCI Communications, Inc. of Northern N.J. (TCIC) filed two applications: (1) FCC form #1205 (aggregated) seeking to charge more for equipment and its installation; and (2) FCC form #1240 seeking to charge more for its basic cable service. After transmittal to the Office of Administrative Law (OAL) on April 9, 1997 for resolution as a contested case, hearings were held on November 20 and November 21, 1997. The record was thereafter closed on December 5, 1997 when the undersigned received letter-memoranda from all of the participating parties.

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Docket No.: ctv3782-97
Decided: 1998-01-07
Caption: In the matter of an application:byTCI, INC. - TCI CABLE CO.TO CHARGE ITS CUSTOMERS MOREfor equipment, and MORE for installations
Judge: BEFORE: THOMAS E. CLANCY,
Summary:
FOREWORD In recent years, the FCC has endeavored to insure that cable subscribers pay the same monthly bills as those which would be charged by cable purveyors in a competitive environment. In order to do so, the FCC adopted an approach to determine whether a cable system is subject to effective competition. For those cable systems which are not subject to effective competition, the FCC adopted methodologies to set initial rates for basic cable service as well as installation and equipment. For subsequent rate changes, the FCC adopted fictional price-cap methodologies which involve adjustments to existing rates and which, for all intents and purposes, are considered to be presumptively reasonable.' In this case, TCI Communications, Inc. of TCI Cable Company (TCIC) filed FCC form #1205 (aggregated), an application seeking to charge more for equipment and its installation. After transmittal to the Office of Administrative Law (OAL) on April 9, 1997 for resolution as a contested case, hearings were held on November 20 and November 21, 1997. The record was thereafter closed on December 5, 1997 when the undersigned received letter-memoranda from all of the participating parties.

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Docket No.: ctv3783-97
Decided: 1998-01-07
Caption: In the matter of an application:byTCI, INC.OF NOTHERN NEW JERSEYTO CHARGE ITS CUSTOMERS MOREfor equipment, and MORE for installations
Judge: BEFORE: THOMAS E. CLANCY,
Summary:
FOREWORD In recent years, the FCC has endeavored to insure that cable subscribers pay the same monthly bills as those which would be charged by cable purveyors in a competitive environment. In order to do so, the FCC adopted an approach to determine whether a cable system is subject to effective competition. For those cable systems which are not subject to effective competition, the FCC adopted methodologies to set initial rates for basic cable service as well as installation and equipment. For subsequent rate changes, the FCC adopted fictional price-cap methodologies which involve adjustments to existing rates and which, for all intents and purposes, are considered to be presumptively reasonable.' In this case, TCI Communications, Inc. of Northern New Jersey (TCIC) filed FCC form #1205 (aggregated), an application seeking to charge more for equipment and its installation. After transmittal to the Office of Administrative Law (OAL) on April 9, 1997 for resolution as a contested case, hearings were held on November 20 and November 21, 1997. The record was thereafter closed on December 5, 1997 when the undersigned received letter-memoranda from all of the participating parties.

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Docket No.: ctv3784-97
Decided: 1998-01-07
Caption: In the matter of an application:byTCI, INC. - MAPLE SHADETO CHARGE ITS CUSTOMERS MOREfor equipment, MORE for installations andLESS for its BASIC CABLE SERVICE
Judge: BEFORE: THOMAS E. CLANCY,
Summary:
FOREWORD In recent years, the FCC has endeavored to insure that cable subscribers pay the same monthly bills as those which would be charged by cable purveyors in a competitive environment. In order to do so, the FCC adopted an approach to determine whether a cable system is subject to effective competition. For those cable systems which are not subject to effective competition, the FCC adopted methodologies to set initial rates for basic cable service as well as installation and equipment. For subsequent rate changes, the FCC adopted fictional price-cap methodologies which involve adjustments to existing rates and which, for all intents and purposes, are considered to be presumptively reasonable.' In this case, TCI Communications, Inc. of Maple Shade. (TCIC) filed two applications: (1) FCC form #1205 (aggregated) seeking to charge more for equipment and its installation; and (2) FCC form #1240 seeking to charge more for its basic cable service. After transmittal to the Office of Administrative Law (OAL) on April 9, 1997 for resolution as a contested case, hearings were held on November 20 and November 21, 1997. The record was thereafter closed on December 5, 1997 when the undersigned received letter-memoranda from all of the participating parties.

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Docket No.: ctv3785-97
Decided: 1998-01-07
Caption: In the matter of an application:byTCI, INC. - LONG BEACH ISLANDTO CHARGE ITS CUSTOMERS MOREfor equipment, MORE for installations andMORE for its BASIC CABLE SERVICE
Judge: BEFORE: THOMAS E. CLANCY,
Summary:
FOREWORD In recent years, the FCC has endeavored to insure that cable subscribers pay the same monthly bills as those which would be charged by cable purveyors in a competitive environment. In order to do so, the FCC adopted an approach to determine whether a cable system is subject to effective competition. For those cable systems which are not subject to effective competition, the FCC adopted methodologies to set initial rates for basic cable service as well as installation and equipment. For subsequent rate changes, the FCC adopted fictional price-cap methodologies which involve adjustments to existing rates and which, for all intents and purposes, are considered to be presumptively reasonable.'

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Docket No.: ctv3786-97
Decided: 1998-01-07
Caption: In the matter of an application:byTCI, INC. - LONG BEACH ISLANDTO CHARGE ITS CUSTOMERS MOREfor equipment, MORE for installations andMORE for its BASIC CABLE SERVICE
Judge: BEFORE: THOMAS E. CLANCY,
Summary:
FOREWORD In recent years, the FCC has endeavored to insure that cable subscribers pay the same monthly bills as those which would be charged by cable purveyors in a competitive environment. In order to do so, the FCC adopted an approach to determine whether a cable system is subject to effective competition. For those cable systems which are not subject to effective competition, the FCC adopted methodologies to set initial rates for basic cable service as well as installation and equipment. For subsequent rate changes, the FCC adopted fictional price-cap methodologies which involve adjustments to existing rates and which, for all intents and purposes, are considered to be presumptively reasonable.' In this case, TCI Communications, Inc. of Long Beach Island (TCIC) filed two applications: (1) FCC form #1205 (aggregated) seeking to charge more for equipment and its installation; and (2) FCC form #1240 seeking to charge more for its basic cable service. After transmittal to the Office of Administrative Law (OAL) on April 9, 1997 for resolution as a contested case, hearings were held on November 20 and November 21, 1997. The record was thereafter closed on December 5, 1997 when the undersigned received letter-memoranda from all of the participating parties.

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Docket No.: ctv5438-97
Decided: 1998-01-07
Caption: In the matter of an application:byU.S. CABLE OF PATERSONTO CHARGE ITS CUSTOMERS MOREfor equipment, MORE for installations andMORE for its BASIC CABLE SERVICE
Judge: BEFORE: THOMAS E. CLANCY,
Summary:
FOREWORD In recent years, the FCC has endeavored to insure that cable subscribers pay the same monthly bills as those which would be charged by cable purveyors in a competitive environment. In order to do so, the FCC adopted an approach to determine whether a cable system is subject to effective competition. For those cable systems which are not subject to effective competition, the FCC adopted methodologies to set initial rates for basic cable service as well as installation and equipment. For subsequent rate changes, the FCC adopted fictional price-cap methodologies which involve adjustments to existing rates and which, for all intents and purposes, are considered to be presumptively reasonable.'

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Docket No.: ctv5439-97
Decided: 1998-01-07
Caption: In the matter of an application:byU. S. CABLE OF PATERSONTO CHARGE ITS CUSTOMERS MOREfor equipment, and MORE for installations
Judge: BEFORE: THOMAS E. CLANCY,
Summary:
FOREWORD In recent years, the FCC has endeavored to insure that cable subscribers pay the same monthly bills as those which would be charged by cable purveyors in a competitive environment. In order to do so, the FCC adopted an approach to determine whether a cable system is subject to effective competition. For those cable systems which are not subject to effective competition, the FCC adopted methodologies to set initial rates for basic cable service as well as installation and equipment. For subsequent rate changes, the FCC adopted fictional price-cap methodologies which involve adjustments to existing rates and which, for all intents and purposes, are considered to be presumptively reasonable.' In this case, U. S. Cable of Paterson filed only FCC form #1205 (aggregated), an application seeking to charge more for equipment and its installation. After transmittal to the Office of Administrative Law (OAL) on May 23, 1997 for resolution as a contested case, hearings were held on November 20 and November 21, 1997. The record was thereafter closed on December 5, 1997 when the undersigned received letter-memoranda from all of the participating parties.

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Docket No.: ctv5440-97
Decided: 1998-01-07
Caption: In the matter of an application:byU.S. CABLE OF ALLAMUCHYTO CHARGE ITS CUSTOMERS MOREfor equipment, MORE for installations andMORE for its BASIC CABLE SERVICE
Judge: BEFORE: THOMAS E. CLANCY,
Summary:
FOREWORD In recent years, the FCC has endeavored to insure that cable subscribers pay the same monthly bills as those which would be charged by cable purveyors in a competitive environment. In order to do so, the FCC adopted an approach to determine whether a cable system is subject to effective competition. For those cable systems which are not subject to effective competition, the FCC adopted methodologies to set initial rates for basic cable service as well as installation and equipment. For subsequent rate changes, the FCC adopted fictional price-cap methodologies which involve adjustments to existing rates and which, for all intents and purposes, are considered to be presumptively reasonable.' In this case, U.S. Cable of Allamuchy filed two applications: (1) FCC form #1205 (aggregated) seeking to charge more for equipment and its installation; and (2) FCC form #1240 seeking to charge more for its basic cable service. After transmittal to the Office of Administrative Law (OAL) on May 23, 1997 for resolution as a contested case, hearings were held on November 20 and November 21, 1997. The record was thereafter closed on December 5, 1997 when the undersigned received letter-memoranda from all of the participating parties.

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Docket No.: eca6327-97
Decided: 1998-06-02
Caption: JOSEPH GARRAMONE AND IRENE GARRAMONE,s, v. DEPARTMENT OF ENVIRONMENTALPROTECTION, ENVIRONMENTALCLAIMS ADMINISTRATION,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE Joseph Garramone and Irene Garramone (claimants) allege that the improper operation and/or improper closure of the Gloucester Environmental Management Services, Inc., (GEMS) landfill, a National Priorities List “Superfund” site, diminished the value of their former residence (the subject property) and they have filed a claim under the Sanitary Landfill Facility Closure and Contingency Fund Act for compensation for the alleged damages. N.J.S.A. 13:1E-100 to -125; N.J.A.C. 7:1I-4.1.

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Docket No.: ede7164-97
Decided: 1998-06-01
Caption: IN THE MATTER OF THE SUSPENSION OR REVOCATION OF THE TEACHING CERTIFICATES OF PATRICIA OSMAN
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter commenced on January 23, 1997, when the New Jersey Department of Education State Board of Examiners (hereinafter petitioner) issued to Patricia Osman (hereinafter respondent) an order to show cause why her Teacher of Elementary School and Teacher of Reading endorsements on her Instructional Certificate should not be revoked or suspended. The order to show cause charged respondent with “dishonest misrepresentation of the status of her licensure.” On March 3, 1997 respondent filed an answer to the order to show cause wherein she denied the allegations. On July 14, 1997, the State Board of Examiners transmitted the matter to the Office of Administrative Law for determination as a contested case pursuant to N.J.S.A. 52:14F- 1 to -13. A prehearing conference was conducted on October 16, 1997 at which time the following were identified as the issues for determination at hearing:

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Docket No.: eds3934-98_1
Decided: 1994-06-04
Caption: E.A., v. WEST PATERSON BOARD OF EDUCATION,
Judge: MUMTAZ BARI-BROWN
Summary:
This matter arises originates href='#author1">[Author ID1: at Thu Jun 4 11:46:00 1998 ]under the Individuals with Disabilities Education Act, 20 U.S.C.A. §§1400 to -1485 (IDEA or Act), the Ss href='#author1">[Author ID1: at Thu Jun 4 11:46:00 1998 ]tate statutes covering the educational rights of children with disabilities, N.J.S.A. 18A:46-1 to -46, and the corresponding federal and Ss href='#author1">[Author ID1: at Thu Jun 4 11:46:00 1998 ]tate regulations, 34 C.F.R. §§ 300.1 to -300.754 and N.J.A.C. 6:28-1.1 to -11.13. Petitioner href='#author1">[Author ID1: at Thu Jun 4 11:48:00 1998 ], E.A., and his parent, L.P., href='#author1">[Author ID1: at Thu Jun 4 11:46:00 1998 ] allege that respondent, West Paterson Board of Education (Board) failed to provide E.A. a free appropriate public education (FAPE). Also, petitioner href='#author1">[Author ID1: at Thu Jun 4 11:49:00 1998 ]alleges that the I.E.P. implemented for the past two school years were inappropriate href='#author1">[Author ID1: at Thu Jun 4 11:48:00 1998 ] Petitioner, . E.A. is href='#author1">[Author ID1: at Thu Jun 4 11:49:00 1998 ]a third grade student, is who is href='#author1">[Author ID1: at Thu Jun 4 11:50:00 1998 ] classified as perceptually impaired (P.I.). Petitioner alleges that the I.E.P. implemented for the past two school years were inappropriate. Thus, petitioner). Petitioner href='#author1">[Author ID1: at Mon Jun 8 09:47:00 1998 ] seeks compensatory education of href='#author1">[Author ID1: at Mon Jun 8 09:47:00 1998 ]private tutoring for one year at the Sullivan Institute. href='#author1">[Author ID1: at Thu Jun 4 11:51:00 1998 ]g.

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Docket No.: eds11461-97
Decided: 1998-04-15
Caption: D.A., v. NORTH BERGEN BOARD OFEDUCATION,
Judge: MARYLOUISE LUCCHI-McCLOUD,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This special education due process proceeding arises out of the Individuals with Disabilities Education Act (IDEA), as amended. 20 U.S.C. 1400 to -1485 and 34 C.F.R. §300.500 to §300.754 This matter was originally brought on application for emergent relief by the petitioner which was denied by the Honorable Maria M. LaFiandra on October 20, 1997. The matter was returned to the Department of Education Programs for a conference. The parties were offered an immediate hearing during a conference on November 17, 1997 however that date for the hearing was not accepted by both parties.

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Docket No.: eds1205-98
Decided: 1998-01-27
Caption: D. P., v. LODI BOARD OF EDUCATION,
Judge: IRENE JONES,
Summary:
Petitioner, the mother of D.P., initiated this request for emergency relief pursuant to N.J.A.C. 1:6A-12.1. Petitioner seeks home instruction two (2) hours per day, five (5) times per week pending the completion of an independent neuropsychological evaluation. Respondent has agreed to the neuropsychological evaluation and same is scheduled for February 12 and 19th, 1998. Respondent, however does not agree to provide home instruction. Thus, the only issue is whether emergent relief should be granted that would provide D.P. with home instruction for approximately six weeks.

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Docket No.: eds1583-98
Decided: 1998-06-03
Caption: G.M., BY HIS FATHER, G.M. SR., v. WEST MORRIS REGIONAL SCHOOLDISTRICT BOARD OF EDUCATION,
Judge: RICHARD McGILL,
Summary:
This matter concerns a petition on behalf of G.M., a twenty-year-old student, who is classified as multiply handicapped (communication handicapped and neurologically impaired). G.M.'s current condition is the result of an automobile incident in which he suffered severe injuries, including traumatic brain injury, at the age of seventeen. In this proceeding, G.M.'s father, G.M. Sr., on behalf of G.M., (collectively “petitioners”) seeks development and implementation of an appropriate individualized education program (IEP), consideration of a change in placement and compensatory education. As of the last hearing date, the representatives of the West Morris Regional School District Board of Education (hereinafter “respondent” or “district”) recognized the need for an IEP conference due to a change in circumstances. However, respondent maintains that the IEP was appropriate at the time that it was developed and that the IEP was properly implemented. In regard to placement, respondent contends that a change of placement was wholly unwarranted at the time that the IEP was developed and that there is still insufficient information to determine the appropriateness of an alternative placement. Finally, respondent takes the position that compensatory education may be addressed in this proceeding but that this forum does not have the authority to order the requested relief.

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Docket No.: eds1865-98
Decided: 1998-03-13
Caption: M. P., v. PARSIPPANY-TROY HILLSBOARD OF EDUCATION,
Judge: MARIE P. SIMONELLI, A.L.J
Summary:
THIS MATTER having been opened to the Office of Administrative Law by petitioner on application for emergent relief pursuant to N.J.A.C. 1:6A-12; and the undersigned having read and considered the moving and opposing papers, and having heard and considered oral argument; and for good cause shown, IT IS on this 13th day of March, 1998,

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Docket No.: eds2354-98
Decided: 1998-03-20
Caption: D.S., v. SOUTH BRUNSWICK BOARDOF EDUCATION,
Judge: ROBERT W. SCOTT,
Summary:
On March 4, 1998, the petitioner's mother filed a request for a due process hearing with the Office of Special Education Programs, New Jersey Department of Education. On March 11, 1998, the matter was filed with the Office of Administrative Law for a special education hearing and for treatment as a contested case. On March 13, 1998, the matter was assigned to the undersigned by the Director of the Office of Administrative Law and a hearing was scheduled and held on March 18, 1998, in the Office of Administrative Law, 9 Quakerbridge Plaza, Mercerville, New Jersey. The petitioner did not appear and the undersigned permitted the parent to represent the petitioner. The petitioner was classified as emotionally disturbed (ED) in November of 1993. The petitioner's last psychiatric evaluation (July 1995) indicates that the petitioner suffers from a borderline personality disorder, as well as paranoia, oppositional and borderline personality traits. The petitioner has a history of substance abuse.

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Docket No.: eds2511-98
Decided: 1988-07-23
Caption: M.S., v. TOMS RIVERBOARD OF EDUCATION,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE Petitioner M.S., citing the Individuals with Disabilities Education Act (IDEA), claims that the respondent Toms River Borough Board of Education (BOE) did not provide her with a free, appropriate public education (FAPE) and she demands placement in a private school. 20 U.S.C.A. § 1400 et seq.; N.J.S.A. 18A:46-1 et seq.; N.J.A.C. 6A:14-1.1 et seq.

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Docket No.: eds2599-98
Decided: 1998-05-13
Caption: A. P., v. DENNIS TOWNSHIP BOARD OF EDUCATION,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, through his parents, seek to have a duly executed settlement agreement set aside where the parties agreed that petitioner withdrew his petition of appeal with prejudice and where petitioner had competent legal counsel during the settlement discussions and negotiations to advise petitioner to the terms and conditions of the agreed upon settlement. Petitioner seeks, among other things, transportation costs and attorneys fees.

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Docket No.: eds2608-98
Decided: 1998-08-19
Caption: C.R.G., v. NEW BRUNSWICK BOARDOF EDUCATION,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE This matter arises under the Individuals with Disabilities Education Act, 20 U.S.C.A. §1400 to 1485 (IDEA) and Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §794 (Sec. 504). At issue is whether the Individualized Education Program (IEP) proposed by respondent for petitioner for the school year 1998-99 (Exhibit R-2) provides petitioner a free appropriate public education (FAPE) in the least restrictive environment appropriate.

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Docket No.: eds2641-98
Decided: 1998-05-01
Caption: GLOUCESTER TOWNSHIPBOARD OF EDUCATION, v. C.L.,
Judge: ROBERT S. MILLER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This case arises from the application of Gloucester Township Board of Education (petitioner) for an order directing its child study team to undertake an initial evaluation of respondent, C.L., without parental consent.

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Docket No.: eds2698-98
Decided: 1998-04-23
Caption: D.U., by his parent, F.U. v. BOARD OF EDUCATION OF THEBOROUGH OF NEWFIELD,GLOUCESTER COUNTY,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY F.U., the parent of D.U., seeks to require the Newfield Borough Board of Education (Board) to provide specialized transportation services to and from the non-public school D.U. attends.

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Docket No.: edu5324-98_1
Decided: 1998-06-09
Caption: EAGLE ROCK BUS COMPANY, INC., v. ESSEX COUNTY EDUCATIONAL SERVICES COMMISSION,
Judge: SEBASTIAN GAETA JR.,
Summary:
Pursuant to N.J.A.C. 6:24-1.5, petitioner, Eagle Rock Bus Company, Inc. moved before the Commissioner of Education for emergent relief and interim stay of the imposition and collection of fines and penalties assessed against it by respondent, Essex County Educational Service Commission. On June 2, 1998, the Commissioner of Education transmitted this matter, without answer, to the Office of Administrative Law for an emergent hearing pursuant to N.J.A.C. 1:1-12.6.

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Docket No.: eds3832-98
Decided: 1998-06-24
Caption: WEST ORANGE BOARDOF EDUCATION, v. C.D.,
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE Petitioner, West Orange Board of Education, requested a due process hearing pursuant to N.J.A.C. 6:2.7, upon the refusal of Respondent's mother, V.D., to consent to a reevaluation before the end of the three year period. The petition was received by the Department of Education, Division of Special Education on April 1, 1998. Sometime during April, Petitioner withdrew its request for mediation and the case was transmitted to the Office of Administrative Law (OAL) pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. The parties refused the initial scheduled dated for the hearing and agreed that the matter be set down for hearing on May 27, 1998.

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Docket No.: eds4036-98
Decided: 1998-08-19
Caption: J. D., v. FRANKLIN TOWNSHIPBOARD OF EDUCATION,
Judge: BRUCE R. CAMPBELL,
Summary:
J.D., petitioner, a fifteen-year-old classified pupil, seeks an order directing that he be declassified and placed in a regular education program in and by the Franklin Township Board of Education, respondent. This special education case arises under the Individuals with Disabilities Education Act. 20 U.S.C.A. §§1401 through 1484 (a) and N.J.S.A. 18A:46-1 through 46. The matter was transmitted to the Office of Administrative Law for final determination by the Commissioner of Education, who requested that an administrative law judge be assigned to conduct a hearing. 20 U.S.C.A. §1415. This judge was assigned to the case. N.J.S.A. 52:14F-15(o).

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Docket No.: eds4212-98
Decided: 1998-05-27
Caption: R. G. AND S.G., ON BEHALFOF THEIR DAUGHTER, J.G., v. FRANKLIN TOWNSHIPBOARD OF EDUCATION,
Judge: BEATRICE S. TYLUTKI,
Summary:
This matter was initiated with the application for emergency relief filed by the petitioner, R.G. and S.G., on behalf of their daughter, J.G., pursuant to the provisions of N.J.A.C. 1:6A-12.1, and in accordance with 20 U.S.C.A. §15 and 34 C.F.R. §301.500. The Commissioner of Education (Commissioner) transmitted this matter to the Office of Administrative Law on May 6, 1998, and requested that an administrative law judge be assigned to conduct an emergency hearing. I was assigned by the Director and Chief Administrative Law Judge to hear this matter pursuant to N.J.S.A. 52:14F-1(o). The oral argument as to the request for emergency relief was heard on May 15, 1998. On that date, the parties waived the right to have the matter returned to the Office of Special Education Programs for mediation, and asked that I also conduct the due process hearing on May 15, 1998. I agreed.

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Docket No.: eds4268-98
Decided: 1998-05-21
Caption: NORTH BRUNSWICKBOARD OF EDUCATION, v. J.T.,
Judge: STEVEN C. REBACK,
Summary:
The petitioner (North Brunswick) seeks an order classifying J.T. as communications handicapped and seeks, as well, an order directing that the Individualized Education Plan (IEP), executed on February 12, 1998, be put into effect, absent parental consent. A due process hearing was scheduled to proceed earlier this month but at the request of K.S., J.T.'s mother, it was converted to a mediation conference. Notwithstanding that request neither J.T.'s mother nor father appeared for the mediation conference nor did any legal representative. Thereafter the matter was heard at the Office of Administrative Law (OAL), Mercerville, New Jersey on May 19, 1998. Proof was offered that K.S. was apprised of the pendancy of these proceedings but also failed to appear for this matter as well. Accordingly the case proceed ex parte.

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Docket No.: eds4335-98
Decided: 1998-05-21
Caption: A.G., v. OLD BRIDGE BOARD OF EDUCATION,
Judge: KATHRYN A. CLARK,
Summary:
This matter involves a 15 year old student, A.G., in the eighth grade at Jonas Salk Middle School, Old Bridge Board of Education. A.G. was suspended and placed on home instruction following a fight he had with another student in the hallway of the school, outside of their lockers, on March 23, 1998. A.G.'s parents initially agreed to home instruction, but later asked for his return to school and a due process hearing. A.G. was classified as perceptually impaired in February, 1998. He is of borderline, average intelligence, and has received 10 hours per week of home instruction since April 1, 1998. Given no further disciplinary infractions or other unforeseen problems, he should be able to graduate with his class in mid-June, 1998. Plans, which are not yet finalized, call for his placement out-of-district for high school.

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Docket No.: eds4451-98
Decided: 1998-05-27
Caption: M.J.L., ON BEHALF OF HERSON, M.L., v. WEST WINDSOR-PLAINSBOROBOARD OF EDUCATION,
Judge: BEATRICE S. TYLUTKI,
Summary:
This matter was initiated with the application for emergency relief filed by the petitioner, M.J.L., on behalf of her son, M.L., pursuant to the provisions of N.J.A.C. 1:6A-12.1, and in accordance with 20 U.S.C.A. §15 and 34 C.F.R. §301.500. The Commissioner of Education (Commissioner) transmitted this matter to the Office of Administrative Law on May 21, 1998, and requested that an administrative law judge be assigned to conduct an emergency hearing. I was assigned by the Director and Chief Administrative Law Judge to hear this matter pursuant to N.J.S.A. 52:14F-1(o). The oral argument as to the request for emergency relief was heard on May 26, 1998. On that date, the parties agreed that emergency relief was the only issue, and that there was no reason to return the matter to the Office of Special Education Programs for mediation.

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Docket No.: eds4481-98
Decided: 1998-06-03
Caption: E.T., A MINOR CHILD, BY HISPARENT, M.R., v. TRENTON BOARD OF EDUCATION,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE M.R., the parent of E.T., filed a due process hearing request on May 22, 1998, seeking emergent relief on the basis that respondent has failed to comply with an agreement which resulted from a mediation session. The application for emergent relief was transmitted by the Office of Special Education Programs to the Office of Administrative Law (OAL) on May 26, 1998, in accordance with 20 U.S.C.A. §1415 and 34 C.F.R. §300.500 to §300.587. The matter was assigned to the undersigned administrative law judge (ALJ) to conduct an emergent hearing. A hearing on the application for emergent relief was held on June 2, 1998, and at the conclusion of the hearing the record closed.

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Docket No.: eds4641-98
Decided: 1998-07-02
Caption: SOMERS POINT BOARD OF EDUCATION v. C. C.
Judge: BEFORE: JOHN R. FUTEY,
Summary:
STATEMENT OF THE CASE In this matter petitioner, The Somers Point Board of Education (Board) seek the return of C. C. to an in district placement.

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Docket No.: eds4660-97
Decided: 1998-05-06
Caption: D.C., v. STERLING HIGH SCHOOL DISTRICTBOARD OF EDUCATION AND MAGNOLIABOARD OF EDUCATION,
Judge: KATHRYN A. CLARK,
Summary:
pROCEDURAL hISTORY On June 11, 1997, the Department of Education transmitted this matter to the Office of Administrative Law (OAL) for a hearing on petitioner's request for emergent relief, pursuant to N.J.A.C. 1:6A-12.1. The emergent relief application was heard on June 16, 1997, as Docket Number EDS 4660-97. This Administrative Law Judge (ALJ) suggested that respondent Sterling send a letter to Newgrange asking that D.C.'s place be kept open for him, pending the conclusion of the due process hearing. Sterling agreed, and petitioners withdrew the emergent application on June 25, 1997. D.C. is still at Newgrange.

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Docket No.: eds4667-98
Decided: 1998-06-11
Caption: T.S., v. PITMAN BOARD OF EDUCATION,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE Petitioner T.S., a senior in the high school operated by the respondent Pitman Board of Education (BOE), moves for an order allowing him to participate in this evening's graduation ceremony. The BOE points out that petitioner has not satisfied its attendance requirements for graduation and submits that the motion must be denied.

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Docket No.: eds4718-98
Decided: 1998-07-17
Caption: J.T., by his Mother, D.T., v. ASBURY PARK BOARD OFEDUCATION,
Judge: ANTHONY T. BRUNO,
Summary:
This matter having been instituted by a request for an emergency relief hearing filed by D.T. on behalf of J.T. on June 10, 1998 with the Office of Special Education Programs, New Jersey State Department of Education, requesting that J.T. participate in a Special Education Summer Program offered by the Children Center of Monmouth County, and the matter having been transmitted to the Office of Administrative Law for emergency relief hearing, and a hearing having been initially scheduled for June 22, 1998 but having been adjourned at the request of D.T. to June 30, 1998 in order to obtain the written opinion of an expert that J.T.'s educational program will be interrupted if emergency relief is not granted, and the hearing having been again adjourned at the request of D.T. to July 15, 1998 to allow for a psychological evaluation of J.T. and the reports of Drs. Reutter and Sheprow to be submitted, and said evaluation having been completed and the reports submitted on July 9, 1998 the hearing for emergency relief was conducted n July 15, 1998. Linda Burgess, Ed.D., Director of Child Study Teams in the respondent-school district, testified that J.T. was classified as neurologically impaired and enrolled in an ungraded special education program at the Children's Center of Monmouth County. J.T.'s individualized Education Programs (IEP) of September 3, 1997 (Exhibit R-2) and May 22, 1998 (Exhibit R-1) were reviewed by Dr. Burgess. The most recent IEP (Exhibit P-1) recommended that J.T. have a regular school day and year (p.5). Dr. Burgess noted that J.T. was making progress with the goals and objectives set out in his IEP, and J.T. showed no signs of regression in his level of functioning.

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Docket No.: eds4755-98
Decided: 1998-07-02
Caption: A.G., v. FREEHOLD TOWNSHIP BOARDOF EDUCATION,
Judge: STEVEN C. REBACK,
Summary:
On June 17, 1998 I issued a letter ruling and order which denied the petitioner's motion for emergent relief. In that decision, and for reasons stated within it, I conferred upon the Commissioner of the Department of Education final decision making authority, pursuant to N.J.A.C. 1:1-14.10 or at the end of the contested case, pursuant to N.J.A.C. 1:1-18.6. On June 26, 1998 my office received a copy of a letter, directed to counsel in the case, by the Commissioner of Education, advising that he would be returning the matter to my office since it was “pled under the laws applicable to special education matters and was processed and transmitted to the Office of Administrative Law as a special education case.” He thereby declined to rule on the issues. I also received a copy of a memorandum, dated June 29, 1998, directed to the Clerk of the Office of Administrative Law from the Coordinator of Dispute Resolution for the Office of Special Education Programs, expressing his concerns as well in respect to the procedural aspect of the case resulting in conferring upon the Commissioner of Education final decision making authority.

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Docket No.: eds4902-98
Decided: 1998-06-29
Caption: C.F., v. CRANBURY BOARD OF EDUCATION,
Judge: ROBERT W. SCOTT,
Summary:
STATEMENT OF THE CASE The petitioner is a special education student, in the respondent's school district. The petitioner's Individualized Educational Program provides that he will have an extended school year. For this extended school year, the respondent is offering the petitioner reading/communication instruction from a teacher certified in special education, four times a week, for six weeks, for an hour a day, at the district's Cranbury School. In addition, the respondent has offered the petitioner placement at a community-based recreational program from 9:30 to 3:00, five days a week, for six weeks, offered by the community of Cranbury. The petitioner seeks placement at the Maplebrook School in Amenia, New York, which offers a six-week summer program involving educational and recreational activities, approximately twelve hours a day.

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Docket No.: eds4909-97
Decided: 1998-08-14
Caption: J.M., v. FAIR HAVEN BOARDOF EDUCATION,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE This matter began as a request for emergency relief filed by M.M., mother of J.M., for an extended school year. Upon the denial of the request for emergent relief, the matter was continued for a Due Process hearing. Newly retained counsel “amended” the original petition filed by M.M. to question whether the Individualized Education Program (IEP) proposed by respondent for J.M's 1997-1998 school year contained clear, specific measurable objectives and provides an extended school year. The amended petition further requests reimbursement of the money spent by M.M. for summer educational programs not paid by the school district, a back-up discrete trial instructor, and placement in the “Fast Forward” program.

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Docket No.: eds5493-98
Decided: 1998-09-04
Caption: R.A., v. WEST PATERSON BOARD OF EDUCATION,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE Petitioner R.A., a 10 year old child classified as perceptually impaired, filed a request through her mother L.P., for a due process hearing for future tutorial services from the West Paterson Board of Education. This matter originates under the Individuals with Disability Education Act (IDEA), 20 U.S.C.A. §14002-1488, the state statute covering education of children with disabilities, N.J.S.A. 18A:46-1 to -46 and the corresponding federal and state regulations, 34 C.F.R. §300.1 to 300.74 and N.J.A.C. 6A:14-1 to -

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Docket No.: eds5557-98
Decided: 1998-07-01
Caption: S.W., v. BERGENFIELD BOARD OF EDUCATION,
Judge: MARIE P. SIMONELLI, A.L.J
Summary:
STATEMENT OF THE CASE This matter involves a dispute over the alleged refusal of respondent, Bergenfield Board of Education (the Board), to accept a classification of petitioner, S.W., as emotionally disturbed and to provide special education services to him.

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Docket No.: eds5858-97
Decided: 1998-08-25
Caption: STILLWATER BOARD OF EDUCATION,
Judge: STEPHEN G. WEISS,
Summary:
PROCEDURAL HISTORY This special education case was transmitted to the Office of Administrative Law by the Department of Education, Office of Special Education, on June 25, 1997 at the request of the Stillwater Board of Education (Board) for a due process hearing seeking an order permitting it to implement a proposed Individualized Education Plan (IEP) prepared for M.K.J., then a third grade student, who had been classified perceptually impaired. In July 1997, a cross-petition was filed on behalf of M.K.J. by her mother, R.J., who then was representing her daughter M.K.J. in a pro se capacity as parent advocate. Ultimately, in May 1998, after several trial days had taken place, R.J. retained Mr. Flora as counsel.

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Docket No.: eds6133-98
Decided: 1998-08-31
Caption: PISCATAWAY BOARD OFEDUCATION, v. J. I.,
Judge: JOHN R. FUTEY,
Summary:
STATEMENT OF THE CASE

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Docket No.: eds6381-98
Decided: 1998-08-07
Caption: R.M., by his Parents, R.M. and N.M., v. TRENTON PARK BOARD OFEDUCATION,
Judge: ANTHONY T. BRUNO,
Summary:
This matter having been instituted by a request for an emergency relief hearing filed by R.M. and N.M. on behalf of R.M. on July 23, 1998 with the Office of Special Education Programs, New Jersey State Department of Education, requesting that R.M. participate in the Summer Program offered by the Therapeutic Learning Center, and the matter having been transmitted to the Office of Administrative Law for emergency relief hearing, a hearing was held as scheduled August 5, 1998. R.M. and N.M. introduced Exhibits P-1 (R.M.'s Individual Education Program “IEP”), P-2 (Letter requesting relief), P-3 (Letter to Robert Wilson, Director of Special Services, Trenton Board of Education), P-4 (Fourth Marking Period Reviews), P-5 (Progress Report - 4/20/98), P-6 (Report Card, P-7 (Letter for Teacher and School Social Worker). In addition R.M. spoke of his son's need for continued structure in his daily activities and such structure has been absent since the end of the school year.

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Docket No.: eds6567-98
Decided: 1998-08-21
Caption: A.S., v. TABERNACLE BOARD OFEDUCATION,
Judge: BRUCE R. CAMPBELL,
Summary:
A.S., petitioner, alleges the Tabernacle Board of Education, respondent, has failed to comply with a May 20, 1997 agreement to provide A.S. a reading instruction program by a person with a level I certification in the Wilson Reading method and alleges the computers available to her in school for test taking and assignment completion cannot run the software the petitioner has requested. She seeks an order to provide her a lap top computer that can be carried from class to class and that can run the requested software which A.S. also wants provided. This special education case arises under the Individuals with Disabilities Education Act. 20 U.S.C.A. §§1401 through 1484(a) and N.J.S.A. 18A:46-1 through -46. The matter was transmitted to the Office of Administrative Law for final determination by the Commissioner of Education, who requested that an administrative law judge be assigned to conduct a hearing. 20 U.S.C.A. §1415. This judge was assigned to the case. N.J.S.A. 52:14F-15(o).

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Docket No.: eds6670-98
Decided: 1998-09-01
Caption: M.P., BY HER MOTHER, S.P., v. EAST BRUNSWICK BOARDOF EDUCATION,
Judge: BERNARD GOLDBERG,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner seeks to have her daughter M.P. age 3 and almost 10 months placed in the District's preschool handicapped class for children with Pervasive Developmental Disorders/Autism at the Memorial Elementary School in September 1998. The petitioner also contends the District has denied M.P. a free and appropriate education (FAEP) by refusing to schedule an Individualized Educational Plan (IEP) meeting, as required by the Individuals with Disabilities Education Act (IDEA). 20 U.S.C.A. §1401 et seq.

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Docket No.: eds7015-96
Decided: 1998-07-13
Caption: SOUTH ORANGE AND MAPLEWOODBOARD OF EDUCATION, v. J.F.,
Judge: SEBASTIAN GAETA, JR.,
Summary:
STATEMENT OF CASE AND PROCEDURAL HISTORY Petitioner, South Orange and Maplewood Board of Education (Board) commenced this matter by its application of March 21, 1996 for emergent relief, pursuant to N.J.A.C. 1:6A-12.1, to require that J.F., a special education student, return to Columbia High School for educational instruction.

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Docket No.: eds7019-97
Decided: 1998-03-02
Caption: T.P., v. SOUTH ORANGE-MAPLEWOODBOARD OF EDUCATION,
Judge: MARIA MANCINI LA FIANDRA,
Summary:
statement of the case In this case, Petitioners assert that the preschool program designed by the Respondent School District and incorporated into the 1997-1998 Individualized Education Plan (IEP) is not appropriate to meet the needs of their handicapped youngster. They are also seeking reimbursement for the costs of the summer program in which they unilaterally placed T.P. in July, 1997.

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Docket No.: eds7030-98
Decided: 1998-09-18
Caption: BAYONNE BOARD OF EDUCATION, v. W.H.,
Judge: MARYLOUISE LUCCHI-McCloud, A.L.J.
Summary:
STATEMENT OF THE CASE Petitioner Bayonne Board of Education (the Board) requested, by way of petition, an Order changing W.H.'s classification from Neurologically Impaired (NI) to NI communication handicapped (NI/CH) as well as a change in placement to a self contained class for NI classified students in the Bayonne district.

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Docket No.: eds7794-98
Decided: 1998-09-22
Caption: K.W., a minor child, by his parentsW.W. and C.W., v. HANOVER TOWNSHIP BOARDOF EDUCATION,
Judge: BEFORE: KEN R. SPRINGER,
Summary:
Statement of the Case This is an application for emergent relief made on behalf of a thirteen-year-old child protected by Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C.A. §§1401 to 1461, as reauthorized effective June 4, 1997 by Pub. L. No. 105-17. Petitioner K.W., who was suspended at the end of the 1997-98 academic year, seeks to determine his program and placement for the coming academic year. Initially, the parties concurred that the most appropriate educational setting would be to continue petitioner's existing program in an out-of-district public school. When school officials were unable to find another public school district willing to accept him, petitioner requested immediate readmission to his home district, which he contends is the least restrictive environment. Respondent Hanover Township Board of Education (“Hanover”) maintains that petitioner cannot return to his home district and should be placed in a more restrictive setting, such as a self-contained special education class offered by a regional public agency. Both parties agree that K.W. should receive home instruction pending the outcome of this emergent relief application.

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Docket No.: eds796-98
Decided: 1998-03-11
Caption: S. B., v. CLINTON TOWNSHIP BOARD OF EDUCATION,
Judge: BRUCE R. CAMPBELL,
Summary:
PROCEDURAL BACKGROUND This matter is a dispute between parents of a classified pupil and a board of education concerning the pupil's placement. The case arises under the Individuals with Disabilities Education Act, 20 USCA §1401 through §1484a and N.J.S.A. 18A:46-1 through -46. The matter was transmitted to the Office of Administrative Law (OAL) for determination by the Commissioner of Education, who requested that an administrative law judge be assigned to conduct a hearing. This judge was assigned to the case. N.J.S.A. 52:14F-15(o).

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Docket No.: eds8026-97
Decided: 1998-01-09
Caption: M.H., v. GLOUCESTER TOWNSHIPBOARD OF EDUCATION,
Judge: JOHN R. FUTEY,
Summary:
In this matter, R.H., the mother of M.H., objects to having him classified as multiply handicapped insofar as it contains any element reflecting an emotionally disturbed subclassification. Respondent, the Gloucester Township Board of Education, contends that the classification of multiply handicapped is appropriate for M.H. at this time and that it properly reflects his ongoing disabilities. The issue before me is whether or not the classification of multiply handicapped is appropriate for M.H. under the current regulatory standard mandated by the State of New Jersey in accordance with N.J.A.C. 6:28-3.5, subsection 7.

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Docket No.: eds8240-97
Decided: 1998-02-20
Caption: A.W., v. PENNS GROVE-CARNEYS POINTBOARD OF EDUCATION,
Judge: ROBERT W. SCOTT,
Summary:
Originally, this matter came before the undersigned on an application for emergent relief filed on behalf of the petitioner by his mother. That application was denied on October 3, 1997. On October 3, 1997, the respondent agreed to reevaluate A.W., to determine whether or not it was an appropriate educational placement for A.W. to be enrolled in the Salem County Career Center. The respondent was given 60 days to perform this reevaluation of the petitioner's educational program. However, on October 9, 1997, the petitioner was dropped from enrollment at the Creative Achievement Academy, where he had been obtaining his education. On October 28, 1997, the respondent offered and the petitioner began receiving homebound instruction at the Penns Grove Public Library. On November 6, 1997, the petitioner refused further homebound instruction. As of December 10, 1997, the petitioner and his mother had failed to cooperate with the respondent in the reevaluation of the petitioner's educational program. It was ordered on that date that the petitioner and his mother cooperate with the respondent in completing a total review and reevaluation of the petitioner's Individualized Education Program (IEP). The petitioner and his mother were further ordered to participate in a psychiatric examination on December 17, 1997. The petitioner was also ordered to immediately resume attending homebound instruction at the Penns Grove Public Library. The respondent was given until January 26, 1998, to complete its reevaluation of the petitioner's IEP.

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Docket No.: eds8473-97
Decided: 1998-07-10
Caption: J.W., v. MATAWAN-ABERDEENBOARD OF EDUCATION,
Judge: BERNARD GOLDBERG,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter arises out of the Individuals with Disabilities Education Act (IDEA) as amended, 20 U.S.C.A. §§ 1401 to 1487, and N.J.S.A. 18A:46-1 et seq. In a letter of June 4, 1997, J.W.'s parents requested an administrative hearing to determine whether the Matawan-Aberdeen Board of Education (respondent) offered J.W. (petitioner) an appropriate educational program in the least restrictive environment for the 1996-97 school year. The parents seek reimbursement for the 1996-97 school year expenses at the Marlboro Montessori Academy. On August 4, 1997, petitioner's attorney withdrew the appeal from mediation and the Commissioner of Education requested that an administrative law judge (ALJ) be assigned to conduct the hearing pursuant to 20 U.S.C.A. § 1415 and 34 C.F.R. § 300.500 et seq. The matter was filed at the Office of Administrative Law (OAL) on October 7, 1997.

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Docket No.: eds8650-97
Decided: 1998-02-18
Caption: M.P., BY HIS PARENTS,J.P. AND W.J.P.,s, v. SOUTH BRUNSWICK BOARDOF EDUCATION,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A. §§ 1400 to 1485; 34 C.F.R. §300.1 et seq. Petitioners requested a hearing and the matter was transmitted to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. A hearing was conducted on January 12, 15 and 16, 1998. Thereafter the parties resumed the settlement discussions that had preceded the hearing. A telephone conference with counsel on February 3, 1998, revealed that the matter was not sufficiently near resolution to warrant further delay and the record closed. Briefs had already been filed.

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Docket No.: eds8733-97
Decided: 1997-11-12
Caption: M.J.W., v. SHAMONG TOWNSHIP BOARDOF EDUCATION,
Judge: ROBERT W. SCOTT,
Summary:
On October 28, 1997, the petitioner's mother, acting on behalf of the petitioner, filed a letter requesting emergency relief with the Office of Special Education Programs, New Jersey Department of Education. The matter was transmitted to the Office of Administrative Law on October 29, 1997, for a hearing pursuant to 20 U.S.C.A. §1415 and 34 C.F.R. §300.506. A hearing was conducted on November 7, 1997, at the Office of Administrative Law in Mercerville, New Jersey. The facts in this case are not in dispute. The petitioner is an educationally disabled seventh-grade student in the respondent's school district. The petitioner is currently classified multiply handicapped. Pursuant to the petitioner's current Individualized Educational Program (IEP), she is in a resource room for reading and language and she receives instruction in math and vocational education in a self-contained setting. She is mainstreamed for all other subjects. The petitioner also receives speech therapy once a week and occupational therapy and physical therapy two times a week. She has a full-time aide to assist her with her educational program. The petitioner is highly motivated and in the past has received academic grades which have placed her on the honor roll. The petitioner also participates in the school band as well as in athletics, participating in javelin, discus and wheelchair race competitions. Unfortunately, the petitioner currently has an open wound in her spine which requires surgery. The surgery and recovery will require that the petitioner be out of school for a minimum of thirteen weeks.

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Docket No.: eds9967-97
Decided: 1997-11-17
Caption: T.S., v. BAYONNE BOARD OF EDUCATION,
Judge: THOMAS E. CLANCY,
Summary:
PROCEDURAL BACKGROUND In this matter, petitioner's father requested a due process hearing for the purpose of determining the appropriateness of his son's program placement. This request was received by the New Jersey Division of Special Education on October 16, 1997. Accordingly, following transmittal of said request to the Office of Administrative Law on October 29, 1997, a hearing was held on November 12, 1997.

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Docket No.: edu00032-97
Decided: 1997-10-29
Caption: BOARD OF EDUCATION OF THETOWNSHIP OF WOODBRIDGE,MIDDLESEX COUNTY, v. JERRY GRANATO,
Judge: JEFF S. MASIN,
Summary:
The Board of Education of Woodbridge Township filed a Certification with the Commissioner of the Department of Education seeking the removal of tenure status from Jerry Granato, a tenured janitor. The Commissioner referred the contested case to the Office of Administrative Law (“OAL”) for hearing on January 6, 1997. A prehearing conference was held on February 24. Hearings were scheduled for May, but were adjourned due to the illness of Mr. Granato's counsel. Additional hearing dates scheduled for June and August were adjourned due to efforts to resolve the case and/or the unavailability of Mr. Granato's attorney. A hearing was held on October 8, 1997, and the record closed following the completion of testimony and closing comments by counsel. The Board alleges that Mr. Granato, who was out of work on sick leave in the latter part of September and the month of October, 1996, was observed engaging in physical labor which was inconsistent with his claim that he could not perform his responsibilities. More specifically, the Board at hearing presented a surveillance videotape showing Mr. Granato climb into the open body of a pickup truck, shovel dirt and exit the truck, “jumping” out of it while holding the body with his hands. This event occurred on October 16, and on that date Mr. Granato was admittedly out of work on an approved sick leave based upon a series of notes from a physician which had excused him from work since September 25. The most recent note was dated October 14, and it was to cover until October 17, on which date Mr. Granato was to see the physician again. The Board charges that Mr. Granato engaged in conduct unbecoming a public employee.

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Docket No.: edu08241-97
Decided: 1998-04-01
Caption: P.S., on behalf of her minor son, B.G., v. BOARD OF EDUCATION OF THE TOWNSHIP OF HAMILTON, MERCER COUNTY,
Judge: JEFF S. MASIN,
Summary:
P.S., acting on behalf of her minor son, B.G., seeks an order from the Commissioner of Education ordering the respondent Board of Education to place her son in the Mercer County Alternative School. The Board has refused her request for this placement. He was schooled at home beginning in January 1997 and now attends Mercer County Vocational-Technical School in the morning and adult school classes in the evenings at the Nottingham High School. B.G. turned 17 on March 19, 1998. Although it is reported that he has some residual effects of Attention Deficit Disorder (ADD), and at one time he was classified, he is nevertheless not now a classified student, and a Child Study Team evaluation performed in January 1998 confirmed he now is not classifiable. Thus this case proceeds as a regular education proceeding under the Commissioner's jurisdiction, rather than a special education proceeding. According to Ms. S.'s testimony, she relocated to New Jersey from New Mexico in June of 1996. Her son was then 15 years old, and he was not classified. Before coming to New Jersey, B. had been enrolled in the Hope Connection Alternative School, a private school in Albuquerque, New Mexico. He started in Hope Connection on December 4, 1995, after having begun the 1995-96 school year at Eldorado High School, also located in Albuquerque. Apparently he performed well in Hope Connection, after academic and social difficulties in the public school. Ms. S. discussed the possibility of an alternative school placement with Michael Gilbert, a vice principal at Hamilton West High School prior to B.'s enrollment in that school for the 1996-97 school year, but according to her, Gilbert said that he did not know of any alternative school in the area and B. therefore began as a student at Hamilton West. However, during the first two quarters of the academic year, B. experienced low grades and even failed some courses for the marking period. He was disciplined once for leaving the school grounds to have a cigarette, and was threatened physically by some students. His mother described B. as a thin, non-violent individual. He worked in the school office, and made some friends, three of whom he still sees even after having left the High School. In January 1997, B. refused to return to school and Ms. S. began to school him at home, obtaining a curriculum from the Hamilton Board of Education and hiring teachers for writing and study skills. Somewhere around April 1, 1997, she learned of the existence of the Mercer County Alternative High School. When she inquired about having her son placed in that school prior to the 1997-98 school year, the Board refused her request and she was then offered alternatives by the Superintendent. B. could attend Steinert High School, but he did not want to attend day classes. Instead, he opted for the combination of vocational-technical and adult evening school. After a rough start, he is doing better this semester in the vo-tech classes.

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Docket No.: edu10058-97
Decided: 1998-08-20
Caption: SOUTH AMBOY EDUCATIONASSOCIATION, v. BOARD OF EDUCATION OF THECITY OF SOUTH AMBOY,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of a petition for declaratory judgment alleging that respondent improperly hired the Middlesex County Educational Services Commission (MCESC) to provide the core child study team (CST) services otherwise performed by its learning disabilities teacher consultant (LDTC) while the LDTC was on a one-year sabbatical. The matter was transmitted to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. The parties filed cross-motions for summary decision and the record closed on July 31, 1998, after a determination that no additional materials were necessary to a decision.

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Docket No.: edu10328-97
Decided: 1998-05-27
Caption: ARTHUR REINERTSEN, v. BOARD OF EDUCATION OF THE TOWNSHIPOF EAST BRUNSWICK, MIDDLESEX COUNTY,
Judge: STEVEN C. REBACK,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY On March 4, 1998, my office issued a Ruling and Order which denied respondent's (East Brunswick) motion for summary decision in this matter. Thereafter, by conference conducted with counsel on March 4, 1998, it was agreed that the substance of the Letter Ruling and Order issued on March 4, 1998, would be converted into an disposing of all issues in the matter. By letter of April 28, 1998, submitted by Ms. McMahon she, on behalf of both counsel, summarized this procedure as well as proffered, for purposes of a complete record, a signed stipulation of facts and two joint exhibits. Accordingly the record in the matter closed on April 28, 1998.

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Docket No.: edu10331-96
Decided: 1997-12-18
Caption: WILLIAM R. KENDRICK, v. BOARD OF EDUCATION OF THE BOROUGH OF SOUTH RIVER, MIDDLESEX COUNTY,
Judge: JEFF S. MASIN,
Summary:
William Kendrick filed a petition with the Commissioner of Education complaining that the respondent Board of Education of the Borough of South River violated his tenure rights when it failed to appoint him to the position of chairperson for the mathematics department in the district's high school. The Commissioner transferred the matter as a contested case to the Office of Administrative Law (“OAL”) pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. A prehearing conference was held on January 16, 1997, and a prehearing order was issued on February 4. A hearing was held on September 12, 1997, and the attorneys submitted briefs and closing arguments thereafter, with the record closing upon the receipt of reply briefs on November 6, 1997. William Kendrick has served in the district since 1964. He taught industrial arts and served as department chair for industrial arts beginning in 1973. He holds a certification as an industrial arts teacher. In 1985 he was appointed as the chair of the Home Economics department when the chairperson of that department retired. He was not certified in nor did he teach home economics. Eventually the industrial arts and home economics departments were merged into the Department of Vocational Education. Mr. Kendrick has no certification in mathematics, having taught that subject only as a substitute in the vocational school.

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Docket No.: edu10698-97
Decided: 1998-03-25
Caption: H.O., on behalf of minorchild, J.C., v. BOARD OF EDUCATION OF THEBOROUGH OF NORTH PLAINFIELD,SOMERSET COUNTY,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner appeals respondent's determination that her son, J.C., was not domiciled in the Borough of North Plainfield and not entitled to free education within respondent's school district.

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Docket No.: edu10755-96
Decided: 1998-04-20
Caption: BOARD OF EDUCATION OF THETOWNSHIP OF MIDDLE, CAPEMAY COUNTY, v. NEW JERSEY STATE DEPARTMENTOF EDUCATION, OFFICE OFCOMPLIANCE,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The Board of Education of Middle Township (the “Board”) appeals from a determination by the Department of Education, Office of Compliance (the “Department”), recommending that the Board remit to the Department the sum of $138,361 for the Board's alleged violations of the Public Schools Contracts Law, N.J.S.A. 18A:18A-1 to -59.

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Docket No.: edu10912-96
Decided: 1997-12-09
Caption: IN THE MATTER OF THE TENUREHEARING OF CONSTANCE JONES,STATE OPERATED SCHOOL DISTRICTOF THE CITY OF NEWARK, ESSEX COUNTY
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE Petitioner seeks Respondent's termination from employment as a special education teacher based on charges of excessive and chronic absenteeism, incapacity to perform, consistently, her teaching duties and responsibilities, and excessive tardiness and insubordination during the period commencing in September 1993 and concluding in June 1996, inclusive.

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Docket No.: edu10914-96
Decided: 1998-08-21
Caption: OLIVE HARVEY, v. STATE OPERATED SCHOOLDISTRICT OF NEWARK, ESSEX COUNTY,
Judge: BARBARA A. HARNED, CHIEF
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY In this proceeding, petitioner, Olive Harvey, contends that respondent, the State Operated School District of Newark (District), denied her tenure as a Vice Principal based on one negative evaluation and maintains that such action was arbitrary and capricious and without a rational basis. Ms. Harvey filed her petition with the Department of Education on October 28, 1996. An answer on behalf of the District was filed on November 21, 1996. The matter was transmitted to the Office of Administrative Law on December 10, 1996 for hearing 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.

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Docket No.: edu11161-96
Decided: 1998-03-06
Caption: BRUNILDA BAUER, v. STATE-OPERATED SCHOOLDISTRICT OF THE CITY OFJERSEY CITY,
Judge: BEFORE: KEN R. SPRINGER,
Summary:
Statement of the Case This is an appeal by a teacher from the decision of the State-Operated School District of Jersey City (“District”) to withhold her salary increment for the 1996-97 academic year under N.J.S.A. 18A:29-14.

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Docket No.: edu11164-96
Decided: 1997-10-24
Caption: DOVER EDUCATION ASSOCIATION, v. BOARD OF EDUCATION OF THE TOWN OF DOVER, MORRIS COUNTY,AND NORTHWEST COVENANT MEDICAL CENTER/DOVER GENERALHOSPITAL COMPANY,
Judge: STEPHEN G. WEISS,
Summary:
PROCEDURAL HISTORY This matter was transmitted to the Office of Administrative Law by the Department of Education as a contested case on October 23, 1996 following the filing of a petition by the Dover Education Association with the Commissioner wherein it alleged that the Dover Board's determination in June 1996 to contract with a private entity (Northwest Covenant Medical Center) to provide the services of two full-time registered nurses for the 1996-97 school year violated N.J.S.A. 18A:40-1 and 40-3.1. Petitioner claimed those statutes required the Board directly to employ school nurses and left it no discretion to contract privately for them. The Board filed an Answer denying the allegations of the petition and took the position that it had the statutory right to take the action it did. Northwest Covenant also filed an Answer denying it had participated in any improper action with respect to its contract with the Dover Board. As the result of a telephone prehearing conference conducted by the undersigned administrative law judge in May 1997 it was agreed the matter could be disposed of by way of cross-motions for summary decision based upon a Joint Stipulation of Facts. Thereafter, the Stipulation, briefs and reply briefs in connection with cross-motions for summary decision were filed.

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Docket No.: edu11168-96
Decided: 1998-01-09
Caption: STATE OPERATED SCHOOL DISTRICTOF JERSEY CITY, HUDSON COUNTY, v. JOAN MC NUTT,
Judge: BEFORE: JEFFREY A. GERSON,
Summary:
STATEMENT OF CASE Pending against Joan McNutt, a tenured math supervisor in the Jersey City School District, are tenure charges and an increment withholding for the year 1995-1996.

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Docket No.: edu11245-97
Decided: 1998-06-10
Caption: M.S., ON BEHALF OF MINORCHILD, D.G., v. BOARD OF EDUCATION OF THETOWNSHIP OF BELLEVILLE,ESSEX COUNTY,
Judge: RICHARD McGILL,
Summary:
M.S. filed a petition with the Commissioner of Education seeking reversal of a residency determination by the Board of Education of the Township of Belleville (respondent) in regard to her daughter, D.G. Respondent counterclaims for tuition reimbursement for the alleged period of non-eligible attendance. PROCEDURAL HISTORY

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Docket No.: edu11248-97
Decided: 1998-03-06
Caption: R.L. ON BEHALF OF MINORCHILD, C.L. AND K.L., v. BOARD OF EDUCATION OF THECITY OF CLIFTON, PASSAIC COUNTY,
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE Petitioner is challenging the determination Respondent, the Board of Education of Clifton, to bar his two children from attending the Clifton public schools. In addition, Petitioner is challenging Respondent's authority to conduct re-registration under the statute.

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Docket No.: edu11303-96
Decided: 1997-12-22
Caption: LORINE SIMS, v. STATE OPERATED SCHOOLDISTRICT OF THE CITY OFJERSEY CITY, HUDSON COUNTY,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner Lorine Sims (Petitioner) is a tenured teacher employed by respondent State Operated School District of Jersey City (School District). On July 18, 1997, the School District acted to withhold petitioner's salary increase for the 1996-97 school year. Petitioner here appeals the School District's action.

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Docket No.: edu11312-96
Decided: 1998-04-08
Caption: BOARD OF EDUCATION OF THE MORRISHILLS REGIONAL SCHOOL DISTRICT,MORRIS COUNTY, v. NEW JERSEY STATE DEPARTMENT OFEDUCATION , DIVISION OF FINANCE,
Judge: STEPHEN G. WEISS,
Summary:
PROCEDURAL HISTORY This matter was transmitted by the Department of Education to the Office of Administrative Law as a contested case on November 1, 1996. It involves an appeal by the Board of Education of the Morris Hills Regional School District from a determination by the respondent, Department of Education, Division of Finance, that the Board is responsible for the payment of tuition on behalf of four pupils who had been placed in the Mountainview Correctional Facility. The Board denied such responsibility as to one of the pupils, J. G., who although a resident of Rockaway Twp., a constituent member of the Regional School District, had attained the age of 20 years on or about April 27, 1995. Thus, the petitioner claimed that by virtue of his age, J.G. was ineligible for the receipt of a free public education during the 1996-97 school year pursuant to the New Jersey Constitution, Article 8, § 4, para. 1; N.J.S.A. 18A:38-1 et seq.; and N.J.S.A. 18A:7B-2, 18A:7D-3.

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Docket No.: edu11549-96
Decided: 1997-10-27
Caption: MARK D. BOYLE, v. BOARD OF EDUCATION OF THE CITYOF BAYONNE,
Judge: DIANA C. SUKOVICH,
Summary:
PROCEDURAL HISTORY On October 23, 1996, Mark D. Boyle (Boyle or petitioner) filed a petition with the State Department of Education (DOE), seeking relief from the Board of Education of the City of Bayonne (Board or respondent) in Hudson County (County). Respondent filed an answer on November 12, 1996. The DOE transmitted the matter to the Office of Administrative Law on November 20, 1996 for determination as a contested case pursuant to N.J.S.A. 52:14F-1 to -13.

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Docket No.: edu11550-96
Decided: 1998-01-15
Caption: JAMES SAKOFSKY, v. BOARD OF EDUCATION OFTHE CITY OF EAST ORANGE,ESSEX COUNTY,
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE Petitioner challenges the determination by the East Orange Board of Education, Respondent, to withhold his annual increment. On November 20, 1996, the Commissioner of Education transmitted the matter to the Office of Administrative Law (OAL) for hearing as a contested case pursuant to N.J.S.A. 5:14F-1 to -13.

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Docket No.: edu11593-96
Decided: 1998-04-03
Caption: board of education of the Township of Livingston, Essex County, v. H.L. and D.L., indi v. dually and asnatural guardians of K.L. and J.L.,
Judge: EDITH KLINGER,
Summary:
On February 21, 1991, petitioner, the Board of Education of Livingston (Board), filed a Verified Petition with the Commissioner of Education seeking to recover tuition from respondents, pursuant to N.J.S.A. 18A:38-1(b)(2), for the period between October 1, 1990, and January 18, 1991, when, the Board alleged, K.L. and J.L. were not domiciled in Livingston and not entitled to a free public education there pursuant to N.J.S.A. 18A:38-1. Respondents filed their answer and the Commissioner of Education transmitted the matter to the Office of Administrative Law for hearing pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. The matter was scheduled before Administrative Law Judge Ralph Tolomeo. The Board moved for summary decision, which was granted by Judge Tolomeo. His was subsequently affirmed by the Commissioner and the State Board of Education.

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Docket No.: edu11679-96
Decided: 1998-04-28
Caption: IN THE MATTER OF THE TENUREHEARING OF KATHLEEN STARLING,BOARD OF EDUCATION OF THE CITYOF LINDEN, UNION COUNTY,
Judge: IRENE JONES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Respondent, Kathleen Starling (Starling) is a tenured teacher employed by the Linden Board of Education (District). On November 14, 1996, the District filed with the Commissioner of Education certified tenure charges against Starling alleging conduct unbecoming. The District suspended Starling and seeks her removal.

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Docket No.: edu1226-96
Decided: 1997-11-12
Caption: RITA HIBO AND SUSAN ARILLO,s, v. BOARD OF EDUCATION OF THEWEST ESSEX REGIONAL SCHOOLDISTRICT,
Judge: BEFORE: KEN R. SPRINGER,
Summary:
Statement of the Case This is an appeal by two part-time school employees who contend that they have acquired tenure to a “secretarial or clerical position” under N.J.S.A. 18A:17-2(b). Petitioners Rita Hibo (“Hibo”) and Susan Arillo (“Arillo”) performed a variety of duties for respondent school district under the job title of “secretary.” They maintain that the Board of Education of the West Essex Regional School District (“Board”) violated their tenure rights by abolishing their positions while retaining nontenured individuals in secretarial or clerical positions to which they are entitled.

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Docket No.: edu1375-98
Decided: 1998-09-04
Caption: In the matter of the tenurehearing of robert ceccarelli,state-operated school districtof the city of newark, essex county
Judge: EDITH KLINGER,
Summary:
On December 2, 1997, petitioner, the State Operated School District of the City of Newark (District), filed tenure charges against respondent, Robert Ceccarelli, a tenured teacher, with the Commissioner of Education. The District seeks to remove Ceccarelli from his position on charges of unbecoming conduct. On January 12, 1998, respondent filed his answer and on January 28, 1998, the Commissioner of Education transmitted the matter to the Office of Administrative Law for hearing pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. The matter was preheard on April 21, 1998 and scheduled for hearing on September 3 and 4, 1998.

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Docket No.: edu164-97
Decided: 1997-10-23
Caption: WHASUN LEE AS PARENT ANDGUARDIAN OF V.L. AND ALBERTLEE, INDIVIDUALLY,s, v. BOARD OF EDUCATION OF THETOWNSHIP OF HOLMDEL,MONMOUTH COUNTY,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter commenced on April 11, 1994, when Whasun Lee as parent and guardian of V.L. and Albert Lee, individually (hereinafter petitioners) filed a petition of appeal with the Commissioner of Education contesting the March 23, 1994 determination of the Holmdel Township Board of Education (hereinafter respondent) pursuant to P.L. 1993, Chapter 380, that Albert Lee and V.L., his brother, were not entitled to attend the public schools of the district free of charge. An answer and counterclaim were filed on behalf of respondent on April 18, 1994. On April 27, 1994, petitioners filed an answer to the counterclaim, and on May 2, 1994 the matter was transmitted to the Office of Administrative Law for determination as a contested case, pursuant to N.J.S.A. 52:14F-1 to -13. Following a hearing which took place on November 2, 3, and 4, 1994, the undersigned issued an on March 24, 1995, which was adopted in part and modified in part by the Commissioner of Education on May 11, 1995. The State Board of Education affirmed the decision of the Commissioner on September 6, 1995. Petitioners filed an appeal with the Superior Court, Appellate Division, and on October 9, 1996, the court issued an opinion affirming the State Board's determination that equitable estoppel applied to bar tuition claims for the period between October 1987 and December 1989, as well as the State Board's legal conclusion that N.J.S.A. 18A:38-1(d) did not provide the Lees' children with an entitlement to a free public education in Holmdel from January 1994 to June 1995. The Appellate Division remanded the case to the State Board of Education for consideration of whether equitable estoppel should apply to the period of time from January 1994 to June 1995. They also remanded for further consideration whether “unclean hands” should bar the application of equitable estoppel from January 1990 to January 1994. The court did not retain jurisdiction.

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Docket No.: edu1740-97
Decided: 1998-04-16
Caption: IN THE MATTER OF THE TENUREHEARING OF JOHN DEMAIO,BOARD OF EDUCATION OF THEBOROUGH OF ELMWOOD PARK,BERGEN COUNTY.
Judge: RICHARD McGILL,
Summary:
The Board of Education of the Borough of Elmwood Park (“petitioner”) filed charges against John DeMaio (“respondent”), who it employs as a tenured custodian, alleging conduct unbecoming a custodial staff member on six occasions. Based upon these charges, petitioner seeks dismissal of respondent or a reduction in his salary. Respondent denies the charges. PROCEDURAL HISTORY

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Docket No.: edu1835-98
Decided: 1998-07-08
Caption: ERNESTINE HARRIS, v. BOARD OF EDUCATION OFTHE CITY OF PASSAIC,PASSAIC COUNTY,
Judge: ARNOLD SAMUELS,
Summary:
On February 2, 1998 the petitioner, Ernestine Harris (along with two other petitioners, Nereida Ibaceta and Colleen Ortega1 ), filed a verified petition of appeal with the Commissioner of Education, challenging the respondent's (Board's) decision to freeze their salaries in an effort to recoup overpayments. PROCEDURAL HISTORY

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Docket No.: edu2059-98
Decided: 1998-04-08
Caption: W.W., SR., ON BEHALF OF MINORCHILD, W.W., v. BOARD OF EDUCATION OF PENNSGROVE-CARNEYS POINT REGIONALSCHOOL DISTRICT,
Judge: BRUCE R. CAMPBELL,
Summary:
W.W., petitioner, alleges his expulsion from school by the Penns Grove-Carneys Point Regional Board of Education, respondent or Board, was arbitrary and capricious. This matter was opened by filing a verified petition of appeal before the Commissioner of Education. The petition included a request for emergent relief. The Department of Education transmitted the matter to the Office of Administrative Law (OAL) for determination as a contested case, pursuant to N.J.S.A. 52:14F-1 through -13. Argument on the motion for emergent relief was held on March 6, 1998. The motion was denied and the matter was set down for plenary hearing on March 10, 1998, at the OAL, Trenton.

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Docket No.: edu2236-97
Decided: 1998-05-14
Caption: DIANE SWAIM AND MIDDLETOWNTOWNSHIP EDUCATION ASSOCIATION,s v. BOARD OF EDUCATION OF THETOWNSHIP OF MIDDLETOWN,MONMOUTH COUNTY
Judge: KATHRYN A. CLARK,
Summary:
The Middletown Township Board of Education (respondent) passed a resolution on July 25, 1995, shortening the period of time required for all school district principals to obtain tenure. Instead of the statutory period of three years (N.J.S.A. 18A:28-5), tenure would be granted to all principals who had “24 months of full-time service as Principal in the School District”. Of the seventeen principals in the school district, there were only two non-tenured principals in the district at the time of this resolution: Dr. Antonia Martinez and Dr. Alan Feuer. Both principals had at least twenty four months of service, yet less than three years of service. By way of this resolution, both principals obtained tenure immediately. One month later, the Board again changed its policy with regard to granting tenure to principals. On August 22, 1995, it passed a second resolution, stating that it “is now of the opinion that the reduced period of tenure is no longer in the best interests of the District.” The resolution restored the time period for acquisition of tenure by principals to the statutory period of three years. The resolution noted that any principal who acquired tenure pursuant to the July 25, 1995 resolution would remain tenured. In essence, Dr. Martinez and Dr. Feuer were grandfathered as tenured principals.

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Docket No.: edu2387-98
Decided: 1998-03-18
Caption: P.J. & K.J. ON BEHALF OF D.J.AND C.J. & G.J. ON BEHALF OF A.J.,s, v. BOARD OF EDUCATIONOF THE TOWNSHIP OF EGG HARBORAND LEONARD KELPSH,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE This case concerns the rights of two students alleged to have engaged in fighting in the school system operated by the Board of Education of the Township of Egg Harbor (BOE). The students have been suspended from school for ten days.

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Docket No.: edu2443-97
Decided: 1998-03-02
Caption: R.N. ON BEHALF OF MINOR, S.A.H., v. BOARD OF EDUCATION OF THE BOROUGHOF HADDON HEIGHTS, CAMDEN COUNTYAND BOARD OF EDUCATION OF THE BOROUGHOF LAWSIDE, CAMDEN COUNTY,
Judge: KATHRYN A. CLARK,
Summary:
PROCEDURAL HISTORY On October 15, 1996, the Commissioner of the Department of Education entered an order approving the of this Administrative Law Judge (ALJ) in EDU 4457-96, which was the appeal of R.N. of the determination of residency of S.A.H. On October 28, 1996, S.A.H. was removed from Haddon Heights High School and placed in Sterling High School. To the best of the information available to this bench and to respondent's attorney, S.A.H. has not attended Sterling High School, or Haddon Heights High School since then.

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Docket No.: edu2457-97
Decided: 1997-11-05
Caption: BOARD OF EDUCATION OFTHE TOWNSHIP OF SOUTH BRUNSWICK, MIDDLESEX COUNTY, v. JOHN WILSON,
Judge: JEFF S. MASIN,
Summary:
The Board of Education of South Brunswick, acting pursuant to N.J.S.A. 18A:6-11, certified tenure charges against its employee, John Wilson. The Board originally advised Mr. Wilson of the charges by means of a Statement of Tenure Charges and Certified Statement of Evidence which was served upon Mr. Wilson on December 27, 1996, together with a memorandum advising Mr. Wilson that the Board would receive the documents at its meeting scheduled for 7 P.M. on January 13, 1997. The memo also informed Mr. Wilson that “. . . you have fifteen days from receipt of this letter to submit a written response to the charges to be presented to the Board of Education on January 13, 1997.” Any such response would then be presented to the Board along with the charges so that the Board could consider whether or not to certify the charges to the Commissioner. The certified statement served upon Mr. Wilson did not include with it the documentary evidence referred to therein as Exhibits A through P. Counsel for the Board therefore had these mailed to Mr. Wilson on December 27. The earliest that these would have been received by Mr. Wilson would have been on December 28, 1996.

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Docket No.: edu256-97
Decided: 1998-06-08
Caption: CORA HELM, v. NEW JERSEY DEPARTMENTOF HUMAN SERVICES,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter commenced on December 18, 1996, when Cora Helm (hereinafter petitioner) filed a petition of appeal with the Commissioner of Education seeking an order that the New Jersey Department of Human Services (hereinafter respondent) had violated her tenure and seniority rights when it eliminated her position at New Lisbon Developmental Center, assigned her duties to other individuals and transferred her to the Arthur Brisbane Child Treatment Center. An answer on behalf of respondent was filed on January 8, 1997, and on January 15, 1997, the matter was transmitted to the Office of Administrative Law for determination as a contested case, pursuant to N.J.S.A. 52:14F-1 to -13.

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Docket No.: edu2578-97
Decided: 1997-10-17
Caption: RITA M. ARLEQUIN ANDJOYCELYN E. ALSUP,s, v. BOARD OF EDUCATION OF THE CITY OFPERTH AMBOY, MIDDLESEX COUNTY,
Judge: KATHRYN A. CLARK,
Summary:
This matter arises on respondent Perth Amboy's motion to dismiss, which is hereby GRANTED. Petitioners have been employed by respondent Perth Amboy Board of Education as elementary school teachers since at least September 1, 1985. In May of 1989 petitioners received Master's Degrees. Due to an alleged error, petitioners' salaries were never increased to reflect this achievement until September, 1996, when the salaries were increased. Petitioners aver that they first became aware of the error in October of 1996. In February of 1997 petitioners filed the instant petition seeking retroactive salary adjustments for the 1989-91, 1991-92, 1992-93, 1993-94, 1994-95, and 1995-96 school years. Petitions filed with the Commissioner of Education. Petitions must be filed:

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Docket No.: edu2826-95
Decided: 1997-10-01
Caption: J.B. AND N.B., AS GUARDIANS AD LITEMFOR J.B., AND J.B. INDIVIDUALLY,s, v. BOARD OF EDUCATION OF THE TOWNSHIPOF JEFFERSON, MORRIS COUNTY,
Judge: STEPHEN G. WEISS,
Summary:
PROCEDURAL HISTORY

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Docket No.: edu2852-97
Decided: 1998-05-01
Caption: FLORENCE LEONARD, v. BOARD OF EDUCATION OF THE CITYOF TRENTON, MERCER COUNTY,
Judge: BARBARA A. HARNED, CHIEF
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Florence Leonard, held a tenured position as an Assistant Principal with respondent Board of Education of the City of Trenton (Board) until her position was abolished effective July 1, 1996 as a result of an Administrative Reorganization. On June 25, 1996, Ms. Leonard filed a petition with the Commissioner of Education, asserting that her seniority and tenure rights had been violated by the Board when it continued to employ less senior staff in the position of Assistant Principal and when it employed nontenured staff in positions to which petitioner had tenure rights. The Board filed an answer to the petition on July 9, 1996. On July 23, 1996, the Department of Education transmitted the matter to the Office of Administrative Law (OAL) 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.

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Docket No.: edu3005-96
Decided: 1998-02-27
Caption: M.H.R. ON BEHALF OF MINORCHILD L.C.G., v. BOARD OF EDUCATION OF THECITY OF CLIFTON, PASSAICCOUNTY,
Judge: IRENE JONES,
Summary:
On February 13, 1996, petitioner Maria H. Rodriguez (petitioner or M.H.R.) on behalf of a minor child L.C.G., filed a petition with the Commissioner of Education (Commissioner) seeking to have L.C.G. admitted to the Clifton Public School System. Respondent, Clifton Board of Education, filed an Answer to the petition on February 21, 1996 wherein it admitted that it had denied L.C.G. admission to its public school district because L.C.G. failed to meet the legal requirement for admission. On March 5, 1996, the Commissioner transmitted the matter to the Office of Administrative Law for a hearing as a contested case pursuant to N.J.S.A. 52:14B-1 to 15 and N.J.S.A. 14F-1 to 13. A hearing was scheduled for April 7, 1997. The hearing was adjourned and rescheduled for July 1, 1997 which date was also adjourned. A hearing was held on January 6, 1998 after which the record was closed. ISSUE

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Docket No.: edu3174-97
Decided: 1997-11-13
Caption: WILLIAM MOLINARI, v. BOARD OF EDUCATION OF THE BOROUGHOF HOPATCONG,
Judge: DIANA C. SUKOVICH,
Summary:
PROCEDURAL HISTORY William Molinari (Molinari) filed a petition with the State Department of Education (DOE) on January 24, 1997, contesting action taken by the Board of Education of the Borough of Hopatcong (Board or respondent). Respondent filed an answer on February 14, 1997. The DOE transmitted the matter to the Office of Administrative Law on March 3, 1997 for determination as a contested case pursuant to N.J.S.A. 52:14F-1 to -13.

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Docket No.: edu3350-97
Decided: 1998-06-08
Caption: RAYMOND E. BAUER, v. BOARD OF EDUCATION OFTHE BOROUGH OF MAYWOOD,BERGEN COUNTY,
Judge: RICHARD McGILL,
Summary:
This matter involves a petition by Raymond E. Bauer (petitioner), who is employed as a principal by the Board of Education of the Borough of Maywood (respondent). In his petition, petitioner alleges that the establishment of his salary for the 1996-97 school year was arbitrary and capricious and that respondent failed to adopt a salary schedule for principals in violation of N.J.S.A. 18A:29-4.3 and N.J.S.A. 18A:29-4.1. Respondent now seeks by way of motion for summary decision a determination that it is in compliance with N.J.S.A. 18A:29-4.3 and N.J.S.A. 18A:29-4.1, that petitioner's salary is not otherwise arbitrary and capricious and that the matter is now moot. As relief, respondent seeks dismissal of the petition.

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Docket No.: edu3634-97
Decided: 1998-01-13
Caption: AGENCY. NO.: 87-3/97STATE OPERATED SCHOOL DISTRICTOF THE CITY OF NEWARK, v. DORETHA BROWNLEE,
Judge: BEFORE: JEFFREY A. GERSON,
Summary:
INTRODUCTION Doretha Brownlee, respondent, was the tenured principal of Camden Middle School in the State-operated School District of Newark (District). She was given notice of tenure charges by petitioner, the District. The charges allege four areas of inefficiency and recommend Brownlee's removal. Respondent contends that both procedural and substantive errors in the charges warrant their dismissal.

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Docket No.: edu3638-97
Decided: 1998-03-24
Caption: BOARD OF EDUCATION OF THEWATCHUNG REGIONAL HIGH SCHOOLDISTRICT, SOMERSET COUNTY, v. BOARD OF EDUCATION OF LONGHILLS TOWNSHIP, MORRIS COUNTY,
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE Petitioner, Board of Education of the Watchung Hills Regional High School District (Watchung) asserts Respondent, Board of Education of Long Hill Township (Long Hill), should be responsible for the tuition, related services and transportation expenses for R.B., a special education student, for the 1996-97 school year. The Petitioner seeks reimbursement of those costs from Respondent.

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Docket No.: edu3824-97
Decided: 1998-04-24
Caption: IN THE MATTER OF THE DISQUALIFICATIONFROM SCHOOL EMPLOYMENT OFHARRY FRANCIS JACKSON
Judge: IRENE JONES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant, Harry Francis Jackson is employed as a food service worker for the Passaic Board of Education. On January 31, 1997, the New Jersey Department of Education (Department) notified the appellant that a fingerprint search conducted by the New Jersey State Police and the Federal Bureau of Investigation (FBI) revealed that he had a disqualifying criminal record. N.J.S.A. 18A:6-7.1 et seq.

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Docket No.: edu3857-97
Decided: 1997-11-26
Caption: IN THE MATTER OF THE DISQUALIFICATIONFROM SCHOOL EMPLOYMENT OF J.G.
Judge: BARBARA A. HARNED
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, J.G., was employed as a school custodian by the state-operated School District of Newark, Essex County (School District). On February 19, 1997 the New Jersey Department of Education (Department) notified J.G. and the School District that a fingerprint search conducted through the New Jersey State Police and the Federal Bureau of Investigation revealed that J.G. had been convicted of murder in the second degree in 1966 and sentenced on January 3, 1967 to a term of twenty-five to thirty years confinement in the New Jersey State Prison. The Department's Notice further advised J.G. and the School District that as a result of this conviction, J.G. was disqualified from continued employment at any school or other institution under the supervision of the Department.

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Docket No.: edu4134-98
Decided: 1998-06-04
Caption: m.a.a. on behalf of minor child p.a.a., v. board of education ofthe township of edison,middlesex county,
Judge: JOSEPH F. FIDLER,
Summary:
statement of the case Petitioner M.A.A., on behalf of her minor daughter P.A.A., appeals from the decision of the respondent Board of Education of the Township of Edison, Middlesex County, precluding P.A.A. from participating in the Edison High School graduation ceremony scheduled for June 18, 1998. Petitioner claims that the Board's determination is arbitrary, capricious, and unreasonable. The Board asserts that P.A.A. breached the Board's attendance policy and that its denial of P.A.A.'s participation in the graduation ceremony was a valid exercise of the Board's authority. procedural history Petitioner's appeal petition and request for emergent relief was filed with the Commissioner of Education on April 29, 1998. On April 30, 1998, the Commissioner determined this dispute to be a contested case, pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13 and transmitted it to the Office of Administrative Law as an emergent matter. Oral argument on petitioner's request for emergent relief was scheduled for May 8, 1998. On that day, the parties agreed that there was sufficient time remaining before the scheduled graduation date for the matter to go directly to a priority scheduled plenary hearing and prompt decision. The hearing was then held on May 29, 1998, and the record closed on that date

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Docket No.: edu4179-98
Decided: 1998-06-02
Caption: J.M. AND T.M. ON BEHALF OFMINOR CHILD, J.M.,s, v. BOARD OF EDUCATION OF THEBLACK HORSE PIKE REGIONALSCHOOL DISTRICT, CAMDENCOUNTY,
Judge: KATHRYN A. CLARK,
Summary:
STATEMENT OF THE CASE This matter involves an appeal by petitioners of the disciplinary action of the respondent Board of Education (Black Horse Pike Regional School District) taken against their minor child, J.M. Petitioners claim that the action of the BOE was arbitrary, capricious and unreasonable, and they ask for its recission.

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Docket No.: edu4410-97
Decided: 1997-10-23
Caption: J. H., ON BEHALF OF MINOR,V.H., v. BOARD OF EDUCATION OF THEMATAWAN-ABERDEEN REGIONALSCHOOL DISTRICT, MONMOUTHCOUNTY,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter commenced on April 14, 1997, when J.H., parent and natural guardian of V.H., filed a petition of appeal with the Commissioner of Education alleging, inter alia, that the Matawan-Aberdeen Regional School District (hereinafter respondent) had unlawfully discriminated against V.H. on the basis of race. An answer was filed on behalf of respondent on May 22, 1997 and on May 29, 1997, the matter was transmitted to the Office of Administrative Law for determination as a contested case pursuant to N.J.S.A. 52:14F- 1 to -13. A prehearing conference was conducted on August 26, 1997, at which time a schedule was established for the filing and determination of respondent's motion to dismiss the petition of appeal. Respondent's motion was filed on September 15, 1997. Petitioner's responding papers were due to be filed on or before October 6, 1997. To date, no response has been filed by petitioner. Accordingly, I have closed the record as of October 22, 1997.

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Docket No.: edu4720-97
Decided: 1998-06-16
Caption: S.G., ON BEHALF OFMINOR CHILD S.G., v. BOARD OF EDUCATION OFEDISON, MIDDLESEX COUNTY,
Judge: KATHRYN A. CLARK,
Summary:
STATEMENT OF THE CASE This matter is a residency appeal from the determination of the Edison Board of Education that S.G., and her minor child, S.G., are not entitled to a free public education in the schools of Edison Township. PROCEDURAL HISTORY

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Docket No.: edu4897-96
Decided: 1998-08-11
Caption: RONALD MONROE, v. BOARD OF EDUCATION OFTHE CITY OF ATLANTIC CITY,ATLANTIC COUNTY,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Ronald Monroe, alleges, among other things, that the Board of Education of the City of Atlantic City (Board) reduced his annual compensation in violation of his tenure rights as head custodian. The Board contends, among other things, that petitioner knowingly and voluntarily resigned his position of head custodian and, therefore, he is barred from his claim for relief.

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Docket No.: edu4941-97
Decided: 1998-01-15
Caption: GLENN DAVIS, v. BOARD OF EDUCATION OF THE LOWER CAMDEN COUNTY REGIONAL HIGH SCHOOL DISTRICT NO. 1, CAMDEN COUNTY,
Judge: JEFF S. MASIN,
Summary:
The respondent school board voted on March 10, 1997, at a regularly scheduled meeting to suspend Mr. Glenn Davis without pay by reason of his having been indicted. At that meeting the Board took its action by a recorded role call vote of less than a majority of its full membership. Thereafter on April 14, 1997, at another regularly scheduled meeting, the Board again suspended Mr. Davis without pay by reason of the indictment. This time the Board voted by a recorded role call vote of a majority of its full membership. These facts are agreed upon by counsel for both parties. Subsequent to the second attempt at suspending Mr. Davis, he filed a petition with the Commissioner of Education alleging that the Board had violated N.J.S.A. 18A:25-6 when it purported to suspend him on March 10, as it violated the terms of N.J.S.A. 18A:25-6 in failing to obtain a majority vote of its full membership on the motion to suspend him. Mr. Davis seeks reinstatement of his payroll status for the time period from March 10, 1997, until April 14, 1997. In support of a motion for summary decision, Mr. Davis relies upon the plain language of N.J.S.A. 18A:25-6. That statute provides

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Docket No.: edu5133-97
Decided: 1998-05-22
Caption: JOHN ELIK, v. STATE-OPERATED SCHOOLDISTRICT OF THE CITY OFJERSEY CITY,
Judge: KEN R. SPRINGER,
Summary:
Statement of the Case This is an appeal by a teacher from the decision State-Operated School District of Jersey City (“District”) to withhold his salary increment for the 1996-97 academic year under N.J.S.A. 18A:29-14.

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Docket No.: edu5144-97
Decided: 1998-04-09
Caption: JOHN ZAMPELLA, v. STATE-OPERATED SCHOOLDISTRICT OF JERSEY CITY,
Judge: BEFORE: KEN R. SPRINGER,
Summary:
Statement of the Case This is an appeal by a speech-language correctionist from the decision of the State-Operated School District of Jersey City (“District”) to withhold his salary increment for the 1996-97 academic year under N.J.S.A. 18A:29-14.

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Docket No.: edu5214-97
Decided: 1998-01-26
Caption: IN THE MATTER OF THEDISQUALIFICATION FROMSCHOOL EMPLOYMENT OFROBERT D. HOLLOWAY
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE Appellant is challenging the disqualification from school employment on the basis of a criminal record. This matter was transmitted on May 7, 1997, to the Office of Administrative Law (OAL) to afford Appellant an opportunity to demonstrate rehabilitation in accordance with N.J.S.A. 18A:6-7.1.

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Docket No.: esa863-97_1
Decided: 1997-12-03
Caption: RICHARD AND ELEANOR BREITINGER v. DEPARTMENT OF ENVIRONMENTALPROTECTION, LAND USE REGULATIONPROGRAM,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE Richard and Eleanor Breitinger and John M. Baron own undeveloped lots in the Coastal Area Facility Review Act (CAFRA) “coastal area” adjacent to Barnegat Bay, on which there are mapped and unmapped coastal wetlands and intertidal shallows. N.J.S.A. 13:9A-2; N.J.S.A. 13:19-4; N.J.A.C. 7:7E-3.15(a), -3.27(a). They propose construction of a house on piers and bulkheads and they applied to the Department of Environmental Protection's (DEP's) Land Use Regulation Program (LURP, the Program) for permits for such development. See N.J.S.A. 12:5-1 to -11; N.J.A.C. 7:7-1.1 et seq. The Program denied the application. The applicants state that, because of the lots' wetlands, no development is permitted and they have appealed for a hearing to exhaust administrative remedies.

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Docket No.: edu5472-97
Decided: 1998-08-07
Caption: L.B., v. TEANECK BOARD OF EDUCATION,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner L.B. appeals the determination of the Board of Education of Teaneck (District) that he is not domiciled within the District and his children are not entitled to a free public education. The Board has counterclaimed for tuition payment from 1994 to the present.

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Docket No.: edu5545-93
Decided: 1998-01-26
Caption: E.P. on Behalf of Minor L.M., v. BOARD OF EDUCATION OF THE BOROUGHOF MILFORD, BERGEN COUNTY,
Judge: ELINOR R. REINER,
Summary:
On or about April 25, 1996, petitioner, E.P., parent and legal guardian of L.M., filed a petition of appeal before the Commissioner of Education contesting respondent, New Milford Board of Education's action to disenroll L.M. from New Milford High School. Petitioner also requested that respondent be barred from compelling tuition payments from petitioner on behalf of L.M. or in the alternative limiting tuition payments to the period from November 1996 through April 25, 1996. On May 6, 1996, respondent filed an answer to the petition requesting that the Commissioner confirm its action disenrolling L.M. for nonresidency and directing petitioner to pay the cost of education for L.M., a non-resident student. The matter was transmitted to the Office of Administrative Law on May 24, 1996, for a hearing 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.

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Docket No.: edu5560-97
Decided: 1998-06-01
Caption: IN THE MATTER OF THE TENUREHEARING OF RONALD RICHARDSON,STATE-OPERATED SCHOOL DISTRICTOF PATERSON
Judge: BEFORE: STEPHEN G. WEISS,
Summary:
PROCEDURAL HISTORY This tenure matter was transmitted by the Department of Education to the Office of Administrative Law in June 1997 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. A prehearing conference was conducted by the undersigned administrative law judge in September 1997 and three hearing dates were scheduled for November 1997. After those hearings were completed, additional hearing dates had to be scheduled in January, February and March, 1998 in order to complete the testimony, and a schedule for the filing of posthearing proposed findings of fact and conclusions of law was established. The record closed on May 5, 1998 following receipt of those submissions, and the case is now ready for determination.

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Docket No.: edu5959-96
Decided: 1998-04-30
Caption: T.B.W. on Behalf of Minor Child, A.W., v. BOARD OF EDUCATION OF THETOWNSHIP OF BELLEVILLE,ESSEX COUNTY,
Judge: RICHARD McGILL,
Summary:
T.B.W. filed a petition with the Commissioner of Education seeking reversal of a residency determination by the Board of Education of the Township of Belleville (respondent) in regard to her daughter, A.W. Respondent counterclaims for tuition reimbursement for the alleged period of non-eligible attendance. PROCEDURAL HISTORY

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Docket No.: edu5963-96
Decided: 1998-02-13
Caption: ROSA ASTACIO-BORJA, v. BOARD OF EDUCATION OF THE PASSAICCOUNTY TECHNICAL-VOCATIONAL HIGHSCHOOL DISTRICT, PASSAIC COUNTY,
Judge: JEFFREY A. GERSON,
Summary:
BACKGROUND On December 5, 1995, Robert B. Thomas, a tenured teaching staff member, verbally assaulted petitioner, Rosa Astacio-Borja, in a lunchroom filled with students. The verbal assault was without provocation and was racially and ethnically based. Mr. Thomas called Ms. Astacio-Borja an “illegal alien” who “swam here across the Rio Grande.” He stated to Ms. Astacio-Borja, Hispanics “should not be in this country,” and “you and all your people should be sent home.” Mr. Thomas pointed to Ms. Astacio-Borja's school identification card and yelled that she should instead be wearing a “green card.” These allegations are stipulated as fact by both sides.

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Docket No.: edu6009-97
Decided: 1997-12-29
Caption: J.D. AND E.D., ON BEHALF OFMINOR DAUGHTER, B.D.,s, v. BOARD OF EDUCATION OF THE TOMSRIVER REGIONAL SCHOOL DISTRICT,OCEAN COUNTY,
Judge: STEVEN C. REBACK,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY On June 10, 1997, the petitioners J.D. and E.D., on behalf of their minor child, B.D., filed a petition before the Commissioner of Education challenging respondent's (Toms River) policy on suspensions and expulsion. Specifically, petitioners challenge the decision arrived at by Toms River imposing a one day out of school suspension against their child for her use of profanity.

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Docket No.: edu605-98
Decided: 1998-05-22
Caption: C.S. ON BEHALF OFMINOR CHILD, C.O., v. BOARD OF EDUCATION OF THELOWER CAMDEN COUNTY REGIONALSCHOOL DISTRICT, CAMDEN COUNTY,
Judge: KATHRYN A. CLARK,
Summary:
STATEMENT OF THE CASE The petitioner, C.S., is the mother of C.O., who is a senior at Edgewood Regional High School. The Board of Education of the Lower Camden County Regional School District, Camden County, suspended her son for one year, October 31, 1997 through October 31, 1998, and placed him on home instruction for possession of a controlled substance. This action was taken by the Board at its regularly scheduled meeting of November 24, 1997.

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Docket No.: edu6130-98
Decided: 1998-08-13
Caption: MURPHY BUS SERVICE, INC., v. BOARD OF EDUCATION OFLAKEWOOD TOWNSHIP,OCEAN COUNTY AND STUDENTTRANSPORTATION OF AMERICA,INC.,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY In this matter, petitioner, the unsuccessful bidder for certain pupil transportation route package contracts, seeks to set aside the award of such contracts by respondent Board of Education to respondent Student Transportation of America, Inc. (STA), and contends that STA failed in certain material aspects to comply with the bid requirements. The matter was transmitted to the Office of Administrative Law (OAL) on July 8, 1998 for hearing as a contested case. The petitioner requested an accelerated proceeding pursuant to N.J.A.C. 1:1-9.4 and both respondents consented to this request. The Commissioner indicated in the transmittal that the Commissioner does not object to the acceleration request provided the Administrative Law Judge (ALJ) finds good cause for acceleration. The matter was then scheduled for accelerated proceedings on July 28 and 29, 1998, and was thereafter assigned to the undersigned ALJ. Hearings were held on July 28 and 29, 1998, and at the commencement of the hearing the ALJ agreed that this matter should be an accelerated proceeding pursuant to N.J.A.C. 1:109.4. At the conclusion of the hearing on July 29, 1998, the record closed.

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Docket No.: edu6140-98
Decided: 1998-08-19
Caption: S.W., ON BEHALF OF MINORCHILD, A.K., v. BOARD OF EDUCATION OF THE CITYOF WOODBURY,
Judge: BRUCE R. CAMPBELL,
Summary:
S.W. on behalf of her minor child, A.K., seeks reversal of an order of the Woodbury Board of Education, respondent, suspending the pupil for three days for possession of a paging device in violation of Board policy. The matter was opened before the Commissioner of Education and transmitted to the Office of Administrative Law for determination as a contested case pursuant to N.J.S.A. 52:14F-1 through -13. In the Board's answer to the petition of appeal there is a motion to dismiss the petition as untimely under N.J.A.C. 6:24-1.2 When the matter was assigned to me, I wrote to counsel stating that the motion to dismiss on untimeliness grounds had to be addressed. The petitioner's attorney was granted a period in which to file responsive papers. The responsive papers were promptly provided.

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Docket No.: edu6244-96
Decided: 1997-11-05
Caption: NEPTUNE TOWNSHIPEDUCATION ASSOCIATION, v. BOARD OF EDUCATION OF THETOWNSHIP OF NEPTUNE,MONMOUTH COUNTY,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Neptune Education Association (Association) sought a Declaratory Judgment from the Commissioner of Education (Commissioner) to construe the provisions of N.J.A.C. 6:8-9.2(b)2. and 3. and declare that the Board of Education of the Township of Neptune (Board) strictly comply with the regulations concerning the establishment of School Based Planning Teams (SBPT); cease and desist from unilaterally designating department chairpersons to satisfy the regulatory requirement of majority classroom teacher representation on the SBPT and, require the Board to pay for lost compensation to personnel adversely affected by its actions.

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Docket No.: edu6469-96
Decided: 1998-05-01
Caption: LYNN SCHWEBER, v. BOARD OF EDUCATION OF THE CITYOF TRENTON, MERCER COUNTY,
Judge: BARBARA A. HARNED, CHIEF
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Lynn Schweber, held a tenured position as an Assistant Principal with respondent Board of Education of the City of Trenton (Board) until her position was abolished effective July 1, 1996 as a result of an Administrative Reorganization. On June 21, 1996, Ms. Schweber filed a petition with the Commissioner of Education, asserting that her seniority and tenure rights had been violated by the Board when it continued to employ less senior staff in the position of Assistant Principal and when it employed nontenured staff in positions to which petitioner had tenure rights. The Board filed an answer to the petition on July 2, 1996. On July 23, 1996, the Department of Education transmitted the matter to the Office of Administrative Law (OAL) 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.

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Docket No.: edu6593-96
Decided: 1998-03-11
Caption: E.F. ON BEHALF OFMINOR CHILD, R.F., v. BOARD OF EDUCATION OF THETOWNSHIP OF BRANCHBURG,SOMERSET COUNTY,
Judge: KATHRYN A. CLARK,
Summary:
STATEMENT OF THE CASE Petitioner, a resident of the Township of Branchburg, is seeking to have the Branchburg Board of Education pay the tuition (accrued and prospective) for his son, R.F., at Hunterdon Central High School. R.F. attended Hunterdon Central High School in school year 1996-1997 as a ninth grade student, and is attending Hunterdon Central High School this school year, 1997-1998, as a tenth grade student. Somerville High School is the designated high school for residents of Branchburg Township.

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Docket No.: edu6608-97
Decided: 1998-07-22
Caption: LUCIAN JANIK, v. BOARD OF EDUCATION OF THECITY OF CAMDEN, CAMDENCOUNTY,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter commenced on July 18, 1997, when Lucian Janik (hereinafter petitioner) filed a petition of appeal with the Commissioner of Education seeking an order that the Board of Education of the City of Camden (hereinafter respondent) had violated his tenure/seniority rights by failing to assign him to a Principal position in the district. An answer on behalf of respondent was filed on August 8, 1997 and on August 11, 1997, the matter was transmitted to the Office of Administrative Law for determination as a contested case, pursuant to N.J.S.A. 52:14F-1 to -13. A prehearing conference was conducted on October 9, 1997, at which time the following were identified as the issues for determination at hearing:

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Docket No.: edu6675-97
Decided: 1998-02-09
Caption: BOARD OF EDUCATIONOF THE CITY OF CAMDEN, CAMDEN COUNTY, v. JOHN HOVINGTON,
Judge: JEFF S. MASIN,
Summary:
This matter involves an aspect of prior administrative litigation between the Camden Board of Education and its former employee, John Hovington. Mr. Hovington, a teaching staff member in the 1980's, was indicted and subsequently suspended in 1988. He remained suspended during the pendency of three criminal trials on the same set of charges, and, after finally being acquitted in the third of the trials, was then charged with tenure violations. After an extensive hearing before this judge, he was found to have committed tenure violations and removed from his tenured position. The Commissioner of Education and the State Board of Education have affirmed the determination stripping Hovington of his tenure and removing him from his teaching position. However, the State Board remanded the proceedings to the Commissioner so that he could resolve Hovington's claims for indemnification of the costs of the legal defense of the criminal charges and for back pay for the period prior to the Commissioner's tenure decision. These claims had been asserted during the prior administrative process and in a Superior Court proceeding. The Commissioner chose to send the case back to the Office of Administrative Law to determine the issues and this judge was assigned to the matter. The parties entered into a Stipulation of Facts and filed briefs and reply briefs, the last of which was received on January 29, at which time the record was closed. For the reasons set forth below, I CONCLUDE that Mr. Hovington is not entitled to receive back pay for the period during which he was suspended pending the disposition of the criminal indictment, from November 28, 1988, until the acquittal on his third criminal trial in September, 1994. Additionally, he is not entitled to receive indemnification for the attorneys' fees and costs associated with the criminal trials.

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Docket No.: edu673-97
Decided: 1998-06-19
Caption: H.K. AND G.K. ON BEHALF OFMINOR CHILDREN J.K. AND C.K.,s, v. BOARD OF EDUCATION OF THE TOWNSHIPOF CHERRY HILL, CAMDEN COUNTY,
Judge: BARBARA A. HARNED, CHIEF
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY By letter dated August 20, 1996, the Superintendent of Schools for the Township of Cherry Hill notified petitioners H.K. and G.K. that their sons J.K. and C.K. were not legally domiciled in the Township of Cherry Hill and thus were not entitled to attend school free of charge in Cherry Hill (P-6). Petitioners requested a hearing before respondent Board of Education of the Township of Cherry Hill (Board), which hearing was held on December 17, 1996 (P-9). By letter dated December 18, 1996 to petitioners' counsel, counsel for the Board confirmed that the Board had voted to deny J.K. and C.K. continued attendance at the Cherry Hill High School and ordered their removal (P-9).

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Docket No.: edu6762-96
Decided: 1997-10-23
Caption: NANCY J. BERNARD, KATHLEENR. FOSTER AND STEPHEN M.KLING,s, v. BOARD OF EDUCATION OF THEWILLINGBORO PUBLIC SCHOOLDISTRICT, BURLINGTON COUNTY,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioners who were tenured payroll clerks employed by respondent allege that respondent voted to terminate them in a reduction in force (RIF) while retaining non-tenured, less senior and/or nonqualified personnel in job titles for which petitioners are fully qualified and for which they claim they are entitled by virtue of their tenure rights. Petitioners filed a petition of appeal on July 26, 1996, and respondent filed an answer thereto on July 31, 1996. The matter was transmitted to the Office of Administrative Law (OAL) on August 8, 1996, for hearing as a contested case. The matter was assigned to the undersigned Administrative Law Judge (ALJ) on September 17, 1996, and a telephone prehearing conference was scheduled for October 24, 1996. On that date a telephone prehearing conference was held and concluded and a prehearing order was entered. The matter was scheduled for hearing on March 24, 25 and 26, 1997.

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Docket No.: edu6974-97
Decided: 1997-11-12
Caption: K.B., ON BEHALF OF MINORCHILD H.B.,and,GLOUCESTER COUNTY INSTITUTEOF TECHNOLOGY,Inter v. nor, v. BOARD OF EDUCATION OFTHE RANCOCAS VALLEYREGIONAL HIGH SCHOOLDISTRICT, BURLINGTON COUNTY,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE In this matter, petitioner, a resident within respondent's regional high school district in Burlington County, contests the refusal of respondent to provide transportation for H.B.'s attendance at the Gloucester County Institute of Technology (GCIT) Academy of the Performing Arts. Petitioner filed the within petition together with a petition requesting emergent relief with the Commissioner of the Department of Education on September 4, 1997. Thereafter, the matter was transmitted to the Office of Administrative Law (OAL) on September 9, 1997, for hearing as a contested case. A hearing on the application for emergent relief was held on September 16, 1997. By an Order entered on September 17, 1997, emergent relief was denied. The matter was then scheduled for an expedited hearing on October 22, 1997.

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Docket No.: edu7070-96
Decided: 1997-12-11
Caption: JAMES TAYLOR, v. HARDYSTON TOWNSHIPBOARD OF EDUCATION,
Judge: BEFORE: KEN R. SPRINGER,
Summary:
Statement of the Case This is a dispute between a tenured principal and a tenured vice principal as to who has greater entitlement to the surviving position of vice principal. Prior to the 1996-97 school year, a small elementary-school district had an administrative structure comprised of a chief school administrator, a principal and a vice principal. To reduce administrative costs, the district adopted a reorganization plan in which the duties of chief school administrator and principal were consolidated into a single position and the position of principal was abolished. Petitioner James Taylor (“Taylor”), who had served as principal before the district hired a vice principal to assist him, does not challenge the good faith of the district in adopting its plan to cut costs. Although petitioner never served under the title of vice principal, he claims seniority to that position because the duties of vice principal were allegedly “subsumed” under title of principal before the job of vice principal existed in this particular district. Respondent Hardyston Township Board of Education (“Board”) maintains that principal and vice principal are separately-tenurable positions and that petitioner's only service was as a principal. For the reasons which follow, petitioner's tenure and seniority accrue as a principal and he has no preferential right to become a vice principal.

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Docket No.: hlt9293-97_1
Decided: 1998-03-20
Caption: IN THE MATTER OF THE APPLICATION OFCLARA MAASS HEALTH CARE SYSTEM, INC.,FOR A CERTIFICATE OF NEED
Judge: ], 1998
Summary:
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Docket No.: edu7220-96
Decided: 1997-10-30
Caption: IN THE MATTER OF THE TENUREHEARING OF PETER LORIA,STATE-OPERATED SCHOOL DISTRICT OFTHE CITY OF NEWARK, ESSEX COUNTY.
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter involves the remand on an which was affirmed by the Commissioner of Education sustaining tenure charges of unbecoming conduct against respondent and dismissing respondent from his tenured employment as a teacher after a hearing under the Tenure Employees Hearing Act. The matter was originally transmitted to the Office of Administrative Law (OAL) on February 24, 1992, for hearing as contested case and was assigned to the undersigned Administrative Law Judge (ALJ). By a Partial dated September 21, 1992, the ALJ granted respondent's motion to dismiss the charge of inefficiency but denied respondent's motion to dismiss the charge of unbecoming conduct. This Partial was submitted to the Commissioner of the Department of Education for immediate review pursuant to N.J.A.C. 1:1-12.5(e) and by decision dated October 21, 1992, the Commissioner affirmed the Partial , and by its decision dated February 2, 1993, the Commissioner's affirmation of the Partial was affirmed by the State Board of Education.

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Docket No.: edu7333-97
Decided: 1997-12-02
Caption: IN THE MATTER OF THE TENUREHEARING OF WILLIAM WENISCH,BOARD OF EDUCATION OF THE CITYOF UNION CITY, HUDSON COUNTY.
Judge: RICHARD McGILL,
Summary:
William Wenisch (respondent) filed a motion seeking dismissal of tenure charges which the Board of Education of the City of Union City (petitioner) filed with the Commissioner of Education pursuant to N.J.S.A. 18A:6-11. In support of the motion, respondent contends that petitioner failed to provide the opportunity to respond to the charges guaranteed by N.J.S.A. 18A:6-11 and N.J.A.C. 6:24-5.1. Petitioner opposes the motion. PROCEDURAL HISTORY

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Docket No.: edu7548-94
Decided: 1998-03-30
Caption: NICHOLAS A. CIUFI, v. BOARD OF EDUCATION OFTHE TOWNSHIP OF IRVINGTON,
Judge: KEN R. SPRINGER,
Summary:
Statement of the Case This is an appeal by a school administrator who seeks indemnification of criminal defense costs under N.J.S.A. 18A:16-6.1. On or about December 4, 1992, a sixteen-year-old student at the school where petitioner worked brought a criminal complaint against him charging unlawful sexual contact. Two years later, in or about the week of January 13, 1994, the Essex County Grand Jury entered a “no bill,” thereby declining to return an indictment.

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Docket No.: edu7549-94
Decided: 1998-06-01
Caption: ROBERT VITACCO, v. LINCOLN PARKBOARD OF EDUCATION,
Judge: KEN R. SPRINGER,
Summary:
Statement of the Case These are consolidated appeals by a former school superintendent who claims that the board of education improperly withheld his salary increment for the 1994-95 school year. Petitioner Robert Vitacco (“Vitacco”) makes two basic arguments: that the statute authorizing the withholding of salary increments, N.J.S.A. 18A:29-14, does not apply to a superintendent of schools; and, secondly, that N.J.S.A. 18A:17-19 prohibits a board of education from reducing the salary of a superintendent of schools during his term of office.

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Docket No.: edu7611-95
Decided: 1998-05-05
Caption: PAUL MEDEIROS, v. STATE OPERATED SCHOOL DISTRICTOF JERSEY CITY, HUDSON COUNTY,
Judge: STEPHEN G. WEISS,
Summary:
PROCEDURAL HISTORY This matter was transmitted by the Department of Education to the Office of Administrative Law as a contested case in July 1995. Thereafter, it was the subject of a motion by respondent for partial summary decision pertaining to certain of its separate defenses. In a decision dated June 18, 1996, I granted the motion holding that the petition, in large part, was out of time pursuant to N.J.A.C. 6:24-1.2(c) However, I also noted in my decision that the issue of the withholding of Medieros' 1995-96 increment was a separate matter insofar as any claim of “untimeliness” was concerned. Thereafter, appeals were taken by Medeiros to the Commissioner and the State Board of Education and my partial summary decision was affirmed. See, 97 N.J.A.R. 2d(EDU)276.

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Docket No.: edu7612-97
Decided: 1998-01-20
Caption: WESTFIELD BOARD OF EDUCATION, v. ELIZABETH McLEAR POFFENBERGER,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE Petitioner Westfield Board of Education (Board) filed tenure charges on June 16, 1997, against respondent Elizabeth McLear Poffenberger who was employed by the Board as a tenure secretary. On July 1, 1997, the Board certified the charges of abandonment of employment, conduct unbecoming an employee and excessive absenteeism, to the Commissioner of Education. The District submitted that the respondent's conduct warrants her dismissal for employment. Respondent denied all charges of wrong doing and requested reinstatement. On August 7, 1997, the Commissioner of Education transmitted the matter to the Office of Administrative Law (OAL) for a hearing as a contested case.

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Docket No.: edu7683-96
Decided: 1998-05-18
Caption: IN THE MATTER OF THE TENUREHEARING OF ROBERT DOMBLOSKI,
Judge: BEFORE: KEN R. SPRINGER,
Summary:
Statement of the Case This is a tenure proceeding under N.J.S.A. 18A:6-10 to -18.1. Tenured teaching staff members hold employment in the public school system “during good behavior and efficiency.” N.J.S.A. 18A:28-5. Petitioner Board of Education of the Belvidere School District (“District”) brought six charges of unbecoming conduct against respondent Robert A. Dombloski (“Dombloski”). All six charges arise out of the same events. Basically, the District alleges that Dombloski misrepresented that he possessed a supervisory certificate and accepted appointment to a position requiring such certificate. Dombloski contends that he and the District acted under a mutual mistake of fact and that he never intentionally misled the District concerning his qualifications. Both parties agree that the outcome turns largely on an evaluation of credibility. For the reasons which follow, Dombloski's version will be adopted and the charges against him should be dismissed.

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Docket No.: edu7948-96
Decided: 1998-07-02
Caption: RANDY PRATT, v. BOARD OF EDUCATION OF THEBOROUGH OF BUTLER, MORRISCOUNTY,
Judge: RICHARD McGILL,
Summary:
Dr. Randy Pratt (petitioner) was employed by the Board of Education of the Borough of Butler (respondent) as principal of the Aaron Decker School. At the end of petitioner's third year, respondent did not renew his contract with the result that petitioner did not receive tenure. Petitioner challenges the nonrenewal of his contract. PROCEDURAL HISTORY

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Docket No.: edu8076-94
Decided: 1997-11-14
Caption: CAROL ROSBERGER, v. BOARD OF EDUCATION OF THESCHOOL DISTRICT OF SUMMIT,UNION COUNTY,
Judge: IRENE JONES,
Summary:
Petitioner, Carol Rosberger, contends that the respondent, the Board of Education of the City of Summit improperly withheld her employment and adjustment increments for the 1994-95 school year. Petitioner alleges that the respondent's actions were based on reasons which are false in fact and otherwise arbitrary, capricious and without good cause. An Answer denying the allegations was filed by the respondent with the Commissioner of Education who transmitted the matter on August 19, 1994 to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14F-1 to 13. A prehearing conference was conducted and a prehearing order was issued on January 20, 1995. Hearings were held on May 3, 4; and 23 and July 19, 1995. At the hearing the petitioner testified on her own behalf. The respondent presented two witnesses in support of its case. The parties were directed to submit written summations. Upon the request of the petitioner, the time for the submission of briefs did not commence until receipt of the transcripts of the recorded hearings. The parties failed to file briefs and thus numerous calls were made by the undersigned to the petitioner's counsel with respect to the status of the briefs. Counsel indicated that they had not received the transcripts. On August 5, 1997 a status conference was held and the parties were directed to file briefs on September 30, 1997. On October 2, 1997 the respondent filed its brief. The petitioner did not file a brief on otherwise contact this tribunal.

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Docket No.: edu8421-97
Decided: 1998-05-08
Caption: KAREN R. SPRINGER, v. BOARD OF EDUCATION OF THE TOWNSHIP OF MOUNT HOLLY,
Judge: BRUCE R. CAMPBELL,
Summary:
Karen R. Springer, petitioner, a principal employed by the Mount Holly Township Board of Education, respondent, asserts the Board has violated her tenure and seniority rights and has otherwise, particularly as to salary, acted arbitrarily, capriciously and unreasonably. The petitioner seeks an order directing the respondent to pay her at a fair and equitable salary for the 1997-98 school year and thereafter and awarding her all back pay and emoluments due and owing to her. The Board generally denies the charges and asks that the petition be dismissed. This matter was opened before the Commissioner of Education and transmitted to the Office of Administrative Law for determination as a contested case, pursuant to N.J.S.A. 52:14F -1 through -13. after notice, a prehearing conference was held by telephone on November 5, 1997. Among other things, the matter was set down for a hearing on March 3, 4 and 6, 1998; counsel were directed to file a joint stipulation of facts no later than February 13, 1998, and counsel were granted leave to file dispositive motions prior to the first hearing date.

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Docket No.: edu8498-97
Decided: 1998-05-01
Caption: RICHARD CHAMBERS, v. PLEASANTVILLEBOARD OF EDUCATION,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE The Pleasantville Board of Education (BOE), citing N.J.S.A. 18A:16-4, determined that Richard Chambers, a tenured teacher in its school system, was ineligible for service; excluded him from his teaching duties; and declined to grant him sick leave with compensation. Chambers, who is not the subject of an indictment or tenure charge, citing N.J.S.A. 18A:6-8.3, -10, -11 and -14, claims that the BOE must continue to pay his salary, etc.

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Docket No.: edu8953-97
Decided: 1998-07-22
Caption: DONALD LEMMA, v. BOARD OF EDUCATION OF THE TOWNSHIP OF BRANCHBURG, SOMERSET COUNTY,
Judge: KATHRYN A. CLARK,
Summary:
At the conclusion of the hearing, the parties requested permission to submit their summations in writing. Permission was granted, and the summations from the parties were received and the record closed on June 8, 1998.

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Docket No.: edu9127-97
Decided: 1997-12-16
Caption: S.S., A MINOR, BY HER GUARDIANS AD LITEM, J.A. AND T.S., ET ALs, v. THE BOARD OF EDUCATION OF THE TOWNSHIPOF MONTCLAIR, ESSEX COUNTY,
Judge: STEPHEN G. WEISS,
Summary:
PROCEDURAL HISTORY This matter was transmitted by the Department of Education to the Office of Administrative Law (OAL) on September 12, 1997 following the issuance of a letter decision on August 28, 1997 by Acting Commissioner Jeffrey Osowski which: (a) denied an application by petitioners for emergent relief; and (b) directed that the matter be transmitted to the OAL for a hearing. In addition, the Acting Commissioner observed that the respondent remained free to pursue all of its affirmative defenses, including a claim of petitioners' “untimeliness” in filing their action. See, N.J.A.C. 6:24-1.2(c). He also instructed that any hearing be scheduled, to the extent possible, to permit resolution of the matter prior to the beginning of the 1998-99 school year. Petitioners' emergent relief application sought the September 1997 admission of their four year-old children to respondent's Primary Unit Program for four and five year-olds. No appeal was taken by petitioners to the State Board of Education, or beyond, from the Acting Commissioner's denial of that relief.

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Docket No.: edu9702-96
Decided: 1997-12-04
Caption: HUGO VICARI, v. BOARD OF THE HUDSON COUNTY AREA VOCATIONAL-TECHNICALSCHOOL, HUDSON COUNTY,
Judge: MARIE P. SIMONELLI, A.L.J
Summary:
STATEMENT OF THE CASE Petitioner, Hugo Vicari (Mr. Vicari), appeals the decision of respondent, Board of the Hudson County Area Vocational-Technical School, Hudson County (the Board), to suspend him without pay after the issuance of an but before the issuance of the final decision by the Commissioner of Education (the Commissioner) in violation of N.J.S.A. 18A:6-14.

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Docket No.: edu9801-95
Decided: 1998-07-17
Caption: NORTIZA ANDINO, LEE BEAUFORT,VIRGINIA DUNNAWAY, ROSEMARIEGIORDANO, DOROTHY HOWARD,MICHELLE LAMONICA CECILE MARTIN,LIONEL MILLER, MARIS MORAN, ROSESELLERS, CHRISTINE STONEY, MARYWASSEFF, ERMAINISE WHITE, AND JOANYOUNGER,s, v. STATE OPERATED SCHOOL DISTRI
Judge: MARIE P. SIMONELLI, A.L.J
Summary:
STATEMENT OF THE CASE Petitioners appeal the decision of respondent, State Operated School District of the City of Jersey City, Hudson County (the District), to withhold their 1995-96 salary employment increment and adjustment increment pursuant to N.J.S.A. 18A:29-14. The District based its decision on petitioners' alleged less than satisfactory teaching performance during the 1994-95 school year.

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Docket No.: edu9836-97
Decided: 1998-09-03
Caption: MARY E. MC GAVIN, v. HOBOKEN BOARD OF EDUCATION,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE Petitioner Mary McGavin (Petitioner or McGavin) appeals the determination on June 10, 1997, by respondent Hoboken Board of Education (Respondent or Board) terminating her employment at the end of the 1996-97 school year due to a reduction in force as violating her tenure and seniority rights. Petitioner contends that the Board continued the employment of other employees with less seniority in the elementary category.

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Docket No.: eec2458-96
Decided: 1998-01-14
Caption: SCHOOL ETHICS COMMISSION, v. MICHAEL J. KILMURRAY,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter commenced on August 22, 1994, when James K. LeTellier, a member of the Lacey Township Board of Education, filed a complaint with the School Ethics Commission charging Michael J. Kilmurray, a member of the Lacey Township Board of Education (hereinafter respondent) with violations of the School Ethics Act. On September 30, 1994, respondent filed an answer to the complaint. Thereafter the School Ethics Commission conducted an investigation, following which at its February 20, 1996 public meeting, the Commission found probable cause to credit some of the allegations in the complaint. On March 28, 1996, the matter was transmitted to the Office of Administrative Law for determination as a contested case pursuant to N.J.S.A. 18A:12-29(b) and N.J.S.A. 52:14F-1 to -13.

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Docket No.: eec2723-97
Decided: 1998-01-27
Caption: SCHOOL ETHICS COMMISSION, v. JAMES FAMULARO,
Judge: JEFF S. MASIN,
Summary:
The School Ethics Commission (“SEC”) found probable cause to believe that James Famularo, a member of the Board of Education of the Asbury Park School District, violated the School Ethics Act, N.J.S.A. 18A:12-21 et seq., more especially subsection 24(c), when he moved for and voted upon the hiring of Albert Reinoso for the position of principal of the Thurgood Marshall Elementary School located within the Asbury Park School District. The theory upon which the alleged violation is founded is that Mr. Famularo, who had served as the unpaid treasurer of Mr. Reinoso's campaign for election to the Asbury Park City Council and in that capacity had signed a number of required financial documents which were filed with the Election Law Enforcement Commission (“ELEC”), had a conflict of interest either actual or reasonably perceived because he should not have been involved in any capacity with the subsequent attempt of Mr. Reinoso to obtain the principalship. Famularo's motion and vote purportedly ran afoul of the Ethics Act's prohibition against acting in a matter which “might reasonably be expected to impair his objectivity or independence of judgment.” After reviewing a complaint filed with it, the SEC determined at its meeting of February 25, 1997, that probable cause existed to credit the allegations against Mr. Famularo. A letter describing the SEC's determination was issued on April 9, 1997, (which also referred to a series of other allegations about others not determined to warrant findings of probable cause). The SEC ordered that the case against Mr. Famularo be transmitted to the Office of Administrative Law (“OAL”) as a contested case. Following its transmission on April 11, 1997, a prehearing conference was held on July 16 and a prehearing order was issued on July 21, 1997. A motion seeking summary decision was filed by counsel for the SEC on October 20, 1997, and a response thereto on December 2. A reply brief was received on December 11 and the record closed at that time.

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Docket No.: eeq8866-97
Decided: 1998-07-30
Caption: NJDEP/AIR AND ENVIRONMENTALQUALITY ENFORCEMENT, v. DUCK ISLAND TERMINAL, INC.,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter commenced on April 15, 1997 when the New Jersey Department of Environmental Protection, Air and Environmental Quality Compliance and Enforcement section (hereinafter petitioner) issued an Administrative Order and Notice of Civil Administrative Penalty Assessment to Duck Island Terminal, Inc. (hereinafter respondent) alleging that respondent failed to renew its DPCC/DCR plans within three years following approval or conditional approval of the plans in violation of N.J.A.C. 7:1E-4.9 and assessing a penalty in the amount of $1,000 as a result thereof. Respondent requested a hearing to contest the determination and on November 6, 1997, the matter was transmitted to the Office of Administrative Law for determination as a contested case pursuant to N.J.S.A. 52:14F- 1 to -13. A prehearing conference was conducted on March 18, 1998 before Solomon A. Metzger, the administrative law judge assigned to conduct an early settlement conference. The conference failed to resolve the matter, and the case was therefore scheduled for plenary hearing on May 11, 1998 before the undersigned.

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Docket No.: ehw11317-94
Decided: 1997-10-30
Caption: NJDEP/WATER AND HAZARDOUSWASTE ENFORCEMENT, v. SEAGRAVE COATINGS CORPORATION/VORAC COMPANY,
Judge: MARIE P. SIMONELLI, A.L.J
Summary:
STATEMENT OF THE CASE Respondent, Seagrave Coatings Corporation/Vorac Company (Seagrave), appeals the Administrative Order and Notice of Civil Administrative Penalty Assessment, dated July 18, 1994 (the AONOCAPA). Petitioner, the New Jersey Department of Environmental Protection, Water and Hazardous Waste Enforcement (the DEP), found that Seagrave had violated the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., N.J.A.C. 7:26-7.2 and N.J.A.C. 7:26-1 et seq., and assessed a civil administrative penalty in the amount of $55,000.

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Docket No.: ele8481-97
Decided: 1997-10-20
Caption: McGREEVEY FOR GOVERNOR`97, INC., v. WHITMAN FOR GOVERNOR, ET AL.,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of petitioner's complaint before the Election Law Enforcement Commission (Commission) alleging that certain television advertising expenditures by respondents New Jersey Republican State Committee (RSC) and Republican National State Election Committee (RNSEC) are attributable to respondent Whitman for Governor, Inc. (WFG) for purposes of calculating its general election expenditure limit. The Commission transmitted the matter to the Office of Administrative Law on October 10, 1997, pursuant to N.J.A.C. 1:1-9.2 and the matter was heard on October 15 and 17, 1997. The Commission is scheduled to meet on October 21, 1997, to consider the matter. The question presented is whether a television spot run by the RSC/RNSEC from September 29 to October 8, 1997, when viewed in conjunction with two WFG advertisements over the same period, creates a union sufficient to render the former a “coordinated expenditure” under N.J.A.C. 19:25-15.29.

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Docket No.: epc8257-97
Decided: 1998-04-17
Caption: BUENA LAND COMPANY,A PARTNERSHIP, v. PINELANDS COMMISSION,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE This case concerns subdivision and development of a lot in the Pinelands Area. The lot is split-zoned: partly in the Pinelands Comprehensive Management Plan's (CMP's) Rural Development Area and in Buena Vista Township's certified local zoning ordinance RDR2 zoning district and partly in the CMP Forest Area and the municipal FA1 zoning district. The Pinelands Commission staff agrees that there could be lawful subdivision of the lot into three lots. However, the Buena Vista Land Company (applicant) proposes subdivision into four lots (each of which would also be partly in the Rural Development Area/RDR2 zoning district and partly in the Forest Area/FA1 zoning district) and the staff submits that the proposed subdivision would be inconsistent with the CMP and municipal acreage standards. N.J.S.A. 13:18A-8; N.J.A.C. 7:50-3.1, -3.39, -5.12(a), -5.23(a), -5.26(a).

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Docket No.: esa00864-97
Decided: 1998-03-19
Caption: R.F. DOSS, INC., , v. STATE OF NEW JERSEY, DEPARTMENt OF ENVIRONMENTAL PROTECTION,
Judge: JEFF S. MASIN,
Summary:
This Coastal Area Facilities Review Act (“CAFRA”) contested case was previously the subject of a motion for summary decision which was filed by the respondent Department of Environmental Protection (“DEP”). Petitioner seeks approval to construct dwelling units on Block 9-42, Lots 56 through 58 of the Silver Ridge West-Westerly Extension. Approval of these sites was withheld as the result of prior proceedings between the parties, which culminated in the issuance of a Consent Judgment signed by Honorable Henry H. Wiley, J.S.C., on March 20, 1984. The problem which prompted the prior proceedings involved concerns about the habitat of endangered corn snakes and threatened pine snakes. The respondent filed a motion for summary decision which was predicated upon the Consent Judgment. The judgment provides that no building or other disturbance will take place on the three lots (and a fourth, #59, which is not a part of this present application) “until such time as specific written authorization for construction . . . has been received from the Division of Coastal Resources. . . .” The approval by the Division is to be “contingent upon a further agreement between the Division and the applicant, after the full impact of” an interceptor line to be built by the Ocean County Utilities Authority (“OCUA”) on a site abutting the former railroad right-of-way to the rear of these lots “has been assessed and deemed to have had irreparable harm upon the buffer area such that the Buffer Area shall no longer be suitable as habitat for the corn snake and pine snake which currently exist on the site.” In its motion for summary decision the DEP asserted that since the entry of the Consent Judgment the interceptor line has been constructed and that the parties are in agreement that the construction of the interceptor has not caused “irreparable harm upon the buffer area” such that the area is “no longer . . . suitable as habitat” for the snakes. Therefore, the DEP argued that the condition upon which approval of construction and disturbance of the lots is contingent has not occurred and by the terms of the Consent Judgment the applicant is not entitled to the approval it seeks.

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Docket No.: esa2730-97
Decided: 1997-12-19
Caption: MERCEDES NEFF, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE Petitioner, Mercedes Neff, appeals from the denial of her application for a Waterfront Development Permit (the permit) to construct a dock.

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Docket No.: esa4730-97
Decided: 1998-08-04
Caption: LEONARD VERITY AND RUTH VERITY,s, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION,LAND USE REGULATION PROGRAM,
Judge:
Summary:
STATEMENT OF THE CASE Leonard Verity and Ruth Verity (applicants) owned a lot containing freshwater wetlands and/or wetlands transition areas. In 1987, i.e., after passage but before the effective date of the Freshwater Wetlands Protection Act, the municipal planning board approved subdivision of the lot, and in 1994, i.e., after the effective date of the Act, the planning board approved further subdivision of the lot. N.J.S.A. 13:9B-2. A lot resulting from the 1994 subdivision includes wetlands and/or wetlands transition areas and the applicants wish to build a single-family residence on that lot. The applicants submit that the 1987 subdivision approval satisfies laws that provide that a project that received subdivision approval prior to July 1, 1989 is exempt from wetlands transition area requirements. N.J.S.A. 13:9B-4, -21, -23; N.J.A.C. 7:7A-2.7. The New Jersey Department of Environmental Protection's (DEP's) Land Use Regulation Program (Program) submits that prior to 1987 the applicants did not obtain approval of the subject project, i.e., construction of a single family residence on the lot, which was not designated until 1994, so that the application for exemption must be denied.

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Docket No.: esa4731-97
Decided: 1998-03-20
Caption: ALAN & JUDITH FELLHEIMER,s, v. DEPARTMENT OF ENVIRONMENTALPROTECTION, LAND USEREGULATION PROGRAM,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of respondent's denial of petitioners' application to construct a single-family home within 25 feet of a bulkhead, under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -32, and regulations promulgated thereunder. Petitioners requested a hearing and the matter was transmitted to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. A hearing was conducted on February 19, 1998, and the record closed on March 6, 1998, with receipt of post-hearing memoranda. The question presented is whether the proposed residence is entitled to a waiver of N.J.A.C. 7:7E-7.2(e), the 25-foot setback rule.

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Docket No.: esa4733-97
Decided: 1997-12-16
Caption: DONALD WAIDA, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION,LAND USE REGULATION PROGRAM,
Judge: BRUCE R. CAMPBELL,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Docket No.: esa4927-97
Decided: 1998-09-11
Caption: 541, inc., v. New jersey department ofen v. ronmental protection/LAND USE REGULATION,
Judge: JOSEPH F. FIDLER,
Summary:
STATEMENT OF THE CASE At issue in this matter is whether petitioner 541, Inc., has established that it is entitled to obtain from respondent Department of Environmental Protection, pursuant to the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 to -30, and implementing regulations, N.J.A.C. 7:7A-1.1 to -17.9, issuance of an individual freshwater wetlands permit to fill approximately 9.5 acres of freshwater wetlands to construct a 102,300 square foot commercial retail building.

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Docket No.: esa5990-96
Decided: 1998-04-16
Caption: judith henry, v. department of en v. ronmental protection,land use regulation element,
Judge: EDITH KLINGER,
Summary:
On October 18, 1994, petitioner, Judith Henry, requested a hearing on the denial by the New Jersey Department of Environmental Protection (DEP) of her application for a Statewide General Permit No. 6, pursuant to the New Jersey Freshwater Wetlands Protection Act (FWPA), specifically, N.J.S.A. 13, Chapter 9B, N.J.A.C. 7:7A, Subchapter 9, and N.J.A.C. 7:7A-12.7. On February 16, 1995, the DEP transmitted the matter to the Office of Administrative Law (OAL) 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. On May 23, 1995, a telephone prehearing conference was held with the parties, at which it was determined that the following issues were to be resolved at hearing:

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Docket No.: esa5991-96
Decided: 1998-06-08
Caption: JEFFREY DAUTEL, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTALPROTECTION/LAND USE REGULATION PROGRAM,
Judge: ELINOR R. REINER,
Summary:
Procedural History Petitioner, Jeffrey Dautel, is the owner of property in the township of Sparta. He applied for a permit to construct a single-family residential dwelling upon his property. On or about February 7, 1996, respondent, the Department of Environmental Protection (DEP), informed petitioner that the wetlands on his property were of “exceptional resource value” and the attempted construction on this property would be inconsistent with the standards in the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 to -30. On or about March 6, 1996, petitioner requested a hearing, and the matter was transmitted to the Office of Administrative Law on June 19, 1996, for a hearing pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13.

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Docket No.: esa6573-96
Decided: 1998-02-05
Caption: HERITAGE MINERALS, INC.,and HOVSONS, INC.,s, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, LAND USE REGULATION,
Judge: JEFF S. MASIN,
Summary:
Heritage Minerals, Inc., and Hovsons, Inc., (“Heritage” or “petitioners”) propose to construct a large development on land located within Manchester Township, Ocean County, New Jersey. The first phase of this development, which is to include over 800 dwellings, is the subject of a contested case transmitted to the Office of Administrative Law (“OAL”) by the Commissioner of the Department of Environmental Protection (“Commissioner” or “DEP”) pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14 F-1 to -13. Heritage applied to the DEP for a permit pursuant to the Coastal Area Facilities Review Act (“CAFRA”). By letter dated April 26, 1996, the DEP's Land Use Regulation Program advised the applicant that it was denying the permit. The grounds for the denial were stated in a document entitled “Opinion,” dated April 1996, in which the Director of the Bureau of Coastal Regulation (“Director”) concluded that he could not make the positive findings required by Sections 10 and 11 of the CAFRA which are necessary to allow the issuance of a permit under that legislation.. In support of this conclusion, the Director cited particular portions of the Rules on Coastal Zone Management, N.J.S.A. 13:19-1 et seq., for which he could not make these findings of compliance with the requirements of the Coastal Zone Rules. Amongst these rules was N.J.A.C. 7:7E-3.44, identified as the “Pinelands National Reserve and Pinelands Protection Act.” The Commissioner's reliance upon this regulation is at the heart of the dispute addressed in this opinion, for its citation reflects the location of the proposed first phase of Heritage's project, which lies in a portion of the State which is designated as both a part of the Coastal Zone protected by CAFRA and also as within a portion of the Pinelands National Reserve, a designated area of nearly one million areas identified by the United States Congress in legislation known as the Federal Pinelands Act, 92 Stat. 3492, 16 U.S.C. §471i. However, the property does not lie within that smaller portion of the entire federally designated Pinelands National Reserve which the State of New Jersey designated for control under the state's own Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq. It thus sits in the so-called “Overlap” area, which by virtue of N.J.S.A. 13:18A-23 is administered by the DEP through CAFRA. Under the terms of N.J.A.C. 7:7E-3.44(b), the “Overlap Area” is designated as a “Special Area” for consideration in any CAFRA permit review. The rule provides that

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Docket No.: esa6689-97
Decided: 1998-05-14
Caption: WALTER BLEJWAS, v. NJDEP/LURP,
Judge: EDGAR R. HOLMES,
Summary:
PROCEDURAL HISTORY AND

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Docket No.: typ43-99_1
Decided: 1999-06-08
Caption: JAMES MC MENAMIN, v. BOARD OF TRUSTEES OF THEPOLICE AND FIREMEN'SRETIREMENT SYSTEM,
Judge: STEVEN C. REBACK,
Summary:
This matter arises as a result of a decision derived by the Board of Trustees of the Police and Firemen's Retirement System (the Board) which on November 16, 1998, concluded that the petitioner's application for an accidental disability retirement allowance would be denied. The basis under which the denial was forthcoming is the position taken by respondent that the incident, which serves as the basis of Mr. McMenamin's application, which occurred on October 27, 1997, was not a “traumatic event” as defined by statute and recent judicial decision. Following the Board's determination, the petitioner requested a hearing which was granted and the matter was transferred to the Office of Administrative Law (OAL) as a contested case, on January 6, 1999, pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13.

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Docket No.: esf611-97
Decided: 1997-11-26
Caption: CORESTATES/NEW JERSEYNATIONAL BANK,Claimant, v. DEPARTMENT OF ENVIRONMENTALPROTECTION,ENVIRONMENTAL CLAIMSADMINISTRATION,
Judge: JEFF S. MASIN,
Summary:
CoreStates Bank, N.A., (“CoreStates”) as successor in interest to New Jersey National Bank, filed a claim on May 30, 1995, with the Administrator of the Spill Compensation Fund pursuant to the “Spill Compensation and Control Act” (“Act”), N.J.S.A. 58:10-23.11, seeking reimbursement of approximately $6 million dollars in costs associated with the investigation and cleanup of an environmental spill which occurred on or about June 2, 1994, at property located at 15 Van Dyke Avenue, New Brunswick, New Jersey. It is undisputed that the spill resulted from an illegal attempt by trespassers on the site to remove copper from the inside of an electrical transformer located on the site, which attempt resulted in the release of transformer fluid containing PCB's. This fluid eventually entered groundwater and a nearby stream. The Environmental Claims Administration (“ECA”) issued a letter dated October 18, 1996, advising the claimant that it intended to deny the claim, and formally did so in a letter dated December 5, 1996. In a letter dated January 3, 1997 the claimant requested the appointment of a board of arbitration as authorized by N.J.S.A. 58:10-23.11n. The Administrator requested that the Director of the Office of Administrative Law appoint an administrative law judge to serve as the sole arbitrator, pursuant to an agreement between the Administrator and the Director providing for the OAL to provide arbitrators for Spill Fund claims. This judge was appointed by Director Harned to arbitrate the claim. A pre-arbitration conference was held on March 17, 1997, and the arbitrator executed the oath on March 24, 1997, on which date a Pre-arbitration Order was issued. The parties waived in writing the time requirements of N.J.S.A. 58:10-23.11f. Following discovery, hearings were held on September 25 and 26, 1997. Counsel filed briefs prior to hearing and also presented closing arguments following the conclusion of testimony and the record closed on September 26.

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Docket No.: esw4967-94
Decided: 1998-05-04
Caption: DEPARTMENT OF ENVIRONMENTAL PROTECTION, v. THOMAS RITZ, et al.
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE The Department of Environmental Protection (DEP) has charged respondents with violations of the Solid Waste Management Act and the Solid Waste Utility Control Act, together with implementing rules.

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Docket No.: esw6444-91
Decided: 1997-12-05
Caption: IN the matter of anchor cartingCorporation, Albert franco,joseph franco and angelo franco
Judge: EDITH KLINGER,
Summary:
On July 31, 1990, the New Jersey Department of Environmental Protection (DEP), Division of Solid Waste Management, issued a Notice of Revocation seeking to revoke the registration of Anchor Carting Corporation (Anchor) as a solid waste transporter pursuant to N.J.S.A. 13:1E-12. The bases for the proposed revocation were (1) the alleged ongoing operation by Anchor of a solid waste facility (SWF) without a permit and the alleged ongoing transportation of solid waste to this unlicensed SWF, (2) the alleged ongoing operation of a transfer facility without a permit, and (3) the repeated misdirection of waste flow in violation of N.J.A.C. 7:26-6.7. On June 28, 1991, the DEP transmitted the matter to the Office of Administrative Law 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. It was assigned to Administrative Law Judge James Ospenson and was placed upon the inactive list pending the outcome of criminal proceedings brought by the State of New Jersey against various individuals, including Joseph, Albert and Angelo Franco, who are owners, operators and directors of Anchor. Anchor itself was one of the indicted defendants. A Consent Order of Inactivity by the Parties was filed on October 21, 1991. The reason for this order was to avoid jeopardizing the rights of the criminal defendants. The appeal remained on the inactive list until September 1995, by which time it was assigned to the undersigned. A motion by Anchor to restore the matter to the inactive list was denied in a written opinion and the matter was scheduled for hearing.

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Docket No.: esw8268-95
Decided: 1998-06-01
Caption: DEPARTMENT OF ENVIRONMENTALPROTECTION, v. FRANCIS TANNER, JR., T/A FRANCISTANNER TRUCKING COMPANYLANDFILL,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE Petitioner, Department of Environmental Protection (DEP; the Department), seeks to recover a penalty of $190,000 by reason of respondent's alleged receipt of unpermitted waste types in his sanitary landfill. The Department charges that the waste received was not specifically identified, and thus not authorized, in respondent's solid waste permit, which controls the facility.

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Docket No.: esw9886-96
Decided: 1997-12-05
Caption: New Jersey department ofen v. ronmental protection,SOLID WASTE INVESTIGATIONAND ENFORCEMENT, v. Watertown Nurseriesand Landscaping, Inc.
Judge: EDITH KLINGER,
Summary:
On May 16, 1995, respondent, Roman Ryba, owner and operator of Watertown Nurseries and Landscaping, Inc. (Watertown), was served with an Administrative Order and Notice of Civil Administrative Penalty Assessment (AONOCAPA) to compel him to cease operating an illegal solid waste facility in violation of N.J.A.C. 7:26-2.8(f) and assessing a penalty in the amount of $20,000 for this offense. Ryba requested a hearing on June 12, 1995 and on October 8, 1996, the Department of Environmental Protection (DEP) transmitted the matter to the Office of Administrative Law (OAL) 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. A mandatory settlement conference between the parties was scheduled at the OAL on April 7, 1997 before Administrative Law Judge R. Jackson Dwyer. At the scheduled time on the scheduled date, Ryba failed to appear. The matter was set down for hearing before the undersigned on October 15 and 16, 1997. Respondent was served with a notice of the scheduled hearing dates on April 9, 1997.

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Docket No.: eth2661-97
Decided: 1998-08-12
Caption: in the matter ofRobert Zinski.
Judge: JOSEPH F. FIDLER,
Summary:
statement of the case and procedural history This matter arises out of a three count complaint issued by the Executive Commission on Ethical Standards (complainant) on January 23, 1997, alleging that Robert Zinski (respondent) has violated the New Jersey Conflicts of Interest Law, n.j.s.a. 52:13-12 to -27; sections III.D and III.E of the Department of Law and Public Safety Code of Ethics; and N.J.A.C. 19:61-2.2. The respondent's answer to the complaint was filed on February 21, 1997. The matter was transmitted to the Office of Administrative Law on April 8, 1997, for determination as a contested case, pursuant to N.J.S.A. 52:14F-1 to -13. A prehearing conference was held on June 25, 1997, and the hearing was then held on November 12 and 13, 1997, and April 3, 1998. The Commission amended count I of its complaint during the course of proceedings, and the deadline for issuance of this was extended by Order of Extension.

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Docket No.: ewr5759-97
Decided: 1998-09-21
Caption: DEPARTMENT OF ENVIRONMENTALPROTECTION, WATER AND HAZARDOUSWASTE ENFORCEMENT, v. DIAMOND HILL ESTATES SEWERCOMPANY, INC. AND JERRY PETRACCORO, SR.,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE By its Administrative Order and Notice of Civil Administrative Penalty Assessment (AO/P) and accompanying penalty rationale dated November 15, 1994, the New Jersey Department of Environmental Protection (DEP) alleged that from July 1991 through June 1994, respondent Diamond Hill Estates Sewer Company, Inc. (Diamond Hill) discharged pollutants in excess of its permit limitation and therefore in violation of the New Jersey Water Pollution Control Act (WPCA). See N.J.S.A. 58:10A-6; N.J.S.A. 58:10A-10(d); N.J.A.C. 7:14-8.5. DEP also alleged that at all pertinent times respondent Jerry Petraccoro, Sr. (Petraccoro) was a “responsible corporate officer” within the meaning of the WPCA, specifically N.J.S.A. 58:10A-3(l), and was individually and personally liable for the violations of the terms and conditions of Diamond Hill's permit. See N.J.S.A. 58:10A-6; N.J.A.C. 7:14A-1.1 et seq. DEP also alleged that Diamond Hill failed to conduct bioassay testing on its discharge from outfall number 001 on a quarterly basis as required by section IV-A, Appendix 1, of its permit. DEP submitted that the “responsible corporate officer” was individually liable for the above noted penalties. See N.J.S.A. 58:10A-3(l); N.J.S.A. 58:10A-10(a). Based on these violations, DEP demanded payment by Diamond Hill and Petraccoro of civil administrative penalties of $7,873,840 each.

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Docket No.: fgc00607-97
Decided: 1998-01-02
Caption: WESLEY C. LANING, v. NEW JERSEY DEPARTMENT OFENVIRONMENTAL PROTECTION,FISH, GAME & WILDLIFE,
Judge: JEFF S. MASIN,
Summary:
On July 17, 1996, the Division of Fish, Game and Wildlife of the Department of Environmental Protection sent Mr. Wesley C. Laning a notice advising him that because he had been convicted on three occasions of violations of the fish and game laws that all hunting, fishing and bow and arrow licenses held by him were automatically void by operation of law as of March 11, 1996. The licenses would remain void and no new licenses would be issued to him unless he remained free of any further violations prior to March 12, 1999. Apparently Mr. Laning wrote to the Division on or about August 6, 1996 requesting restoration of his hunting and fishing licenses. The Department responded by letter of September 9, 1996 advising that it would not do so and providing information concerning a right to a hearing, as provided for by N.J.S.A. 23:3-22.1, which permits the Fish and Game Council to permit an early restoration of the license upon a showing of the “minor nature of the violations involved” or “other extenuating circumstances.” Mr. Laning requested a hearing on September 23, 1996. The matter was transferred to the Office of Administrative Law on February 4, 1997 for hearing. A hearing was held before this judge on November 17, 1997. Following the hearing the attorney general submitted additional documentation regarding the matter and provided copies thereof to counsel for the petitioner. Prior to the hearing the parties stipulated that Mr. Laning had in fact been convicted of several prior violations, having pled guilty to a first set of violations of N.J.S.A. 23:3-1, 4-13.1, 4-42 and 4.44 on February 27, 1995 and also having pled guilty a violation of N.J.S.A. 23:4-24.2 on October 26, 1995. In regard to the third alleged violations, which occurred on March 11, 1996, it was stipulated that Mr. Laning was found guilty of that charge, which is for hunting or fishing with a void license. At the hearing Mr. Laning advised that on December 4, 1995, he went out hunting on the opening day of the shotgun season. He claimed that he had never been told that his licenses were suspended following the October 26, 1995 conviction. He went hunting in the morning, came home and worked on his car and then later in the afternoon went out hunting again. As he was approaching the field, a fish and game officer came out of the woods, gave him a letter advising him of his suspension following the October 26, 1995 conviction and, when Mr. Laning went home, he found the same letter in his mailbox. The letter was reportedly postmarked December 1 and received on December 4, 1995. He claimed that he had had two encounters with the officer in the woods that day but the officer had not mentioned that his privileges were suspended.

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Docket No.: hdd2263-98
Decided: 1998-04-23
Caption: M.T., AS LEGAL GUARDIAN OF,P.T., v. DEPARTMENT OF HUMAN SERVICES,DIVISION OF DEVELOPMENTALDISABILITIES,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of respondent's decision to transfer P.T. from his placement at North Princeton Developmental Center (NPDC), which is closing at the end of this month, to a community-based group home, pursuant to The Developmentally Disabled Rights Act, (Act) N.J.S.A. 30:6D-1 to -41. Petitioner sought a hearing and the matter was transmitted to the Office of Administrative Law as a contested case, pursuant to N.J.S.A. 52:14F-1 to -13. A hearing was conducted on April 21, 1998, after which the record closed. Most of the facts are undisputed. P.T. is fifty years old and has been institutionalized for most of his life. He thinks at the level of a two year old. P.T. has a history that includes fighting, biting, head butting and the like, but the incidence of these behaviors has decreased over time and none were reported in the last few years. Some of the witnesses who testified for respondent have been involved in P.T.'s care for many years and they all confirmed this; petitioner agreed and was pleased with this progress. The testimony of Dana Lebo, P.T.'s psychologist at NPDC for the last four years, was particularly noteworthy in this regard. She testified that significant improvement was achieved in his mood, after P.T. was taken off various psychotropic medications.

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Docket No.: hdy10573-97
Decided: 1998-05-26
Caption: J.A., SPONSOR/THE BLESSED DAY CARE, v. DIVISION OF YOUTH AND FAMILYSERVICES/BUREAU OF LICENSING,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY In this case respondent Division of Youth and Family Services (DYFS) revoked petitioner's child care center license because of continued noncompliance with the requirements for child care centers contained in N.J.A.C. 10:22. Petitioner appealed this determination and the matter was transmitted to the Office of Administrative Law (OAL) on December 3, 1997, for a hearing as a contested case pursuant to N.J.S.A. 52:14B to -15 and N.J.S.A. 52:14F to -13. The OAL held a hearing on March 25, 1998. The record was left open for two weeks to allow J.A. to submit further exhibits and for any response from the agency. On April 2, 1992, J.A. submitted a document dated March 27, 1998, which was transmitted by the OAL to the respondent on April 3, 1998. The record closed on April 10, 1998.

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Docket No.: bki6695-99_1
Decided: 2000-11-29
Caption: LAWRENCE G. BOLEN, v. COMMISSIONER, NEW JERSEYDEPARTMENT OF BANKINGAND INSURANCE,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of respondent's denial of petitioner's license application under the Insurance Producer Licensing Act (Producer Act), N.J.S.A. 17:22A-1 to -25, and regulations promulgated thereunder. Petitioner requested a hearing and the matter was transmitted to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14B-1 to -10. Respondent has now filed a motion for summary decision pursuant to N.J.A.C. 1:1-12.5 and petitioner has replied. The facts are not in substantial dispute. In December 1996 the Attorney General filed a complaint against petitioner and his brother, Rodney R. Bolen, with the State Board of Mortuary Science. Both men were at the time licensed to practice mortuary science and operated the Carmona-Bolen Funeral Homes. The complaint alleged that petitioner solicited, negotiated and sold funeral insurance to the public without a license in violation of the Producer Act as well as the Mortuary Science Act, N.J.S.A. 45:7-84(d). In February 1998, petitioner entered into a consent order with the Board of Mortuary Science in which he pled nolo contendere to these charges. Petitioner agreed to a two-year suspension of his license, followed by two years of probation and a monetary penalty. In January 1999, petitioner applied for an insurance producer license, which respondent denied in June 1999 based on the incidents that gave rise to the earlier complaint as well as the nolo contendere plea.

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Docket No.: caf6463-99_1
Decided: 2000-11-28
Caption: DONALD AND PATRICIA LOFTUS,s, v. BUREAU OF HOMEOWNERPROTECTION,
Judge: ROBERT W. SCOTT,
Summary:
PROCEDURAL HISTORY

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Docket No.: hdy8362-97
Decided: 1998-03-25
Caption: O.F. and K.F.,s, v. DIVISION OF YOUTH ANDFAMILY SERVICES, CENTRALADOPTION RESOURCE CENTER,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter is the appeal of O.F. and K.F from the Division of Youth and Family Services, Central Adoption Resource Center (“DYFS Central ARC”) denial of O.F. and K.F. for the payment of an adoption subsidy pursuant to N.J.A.C. 10:121-2.2 for the care and maintenance of their adopted daughter, A.F. DYFS Central ARC determined A.F. did not meet the definition of a “hard-to-place child” contained in N.J.A.C. 10:121-2.1.

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Docket No.: hea9850-97
Decided: 1998-02-09
Caption: New Jersey HIGHER EDUCATIONASSISTANCE AUTHORITY, v. JOSE TORRES,
Judge: EDITH KLINGER,
Summary:
Respondent, Jose Torres, appeals from a second notice of Administrative Wage Garnishment issued by petitioner, the New Jersey Higher Education Assistance Administration (HEA), pursuant to 20 U.S.C.A. §1095(a) et seq. and 34 C.F.R. §682.410(b)(10), seeking to garnish his wages as a result of his failure to repay student loans guaranteed by petitioner. Torres requested a hearing in September 1997. On October 21, 1998, the HEA transmitted the matter to the Office of Administrative Law (OAL) for final decision 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 and 34 C.F.R. §682.410(b)(10)(M). The hearing was held on February 5, 1998 and the record closed on that date.

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Docket No.: hlb10072-95
Decided: 1997-11-03
Caption: in the matter of HeleneFuld Medical Center, v. HEALTH CARE PLANNING SERVICESNEW JERSEY DEPARTMENT OF HEALTH,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE This proceeding results from the partial denial by the Commissioner of Health (Commissioner) of a certificate of need (CN) application to operate certain psychiatric beds in Mercer County. The Commissioner determine that there was a need for eleven inpatient acute adult closed psychiatric beds in Mercer County. St. Francis Medical Center applied for five of the eleven beds and Helene Fuld Medical Center applied for all eleven beds. The Commissioner approved St. Francis for five beds and Helene Fuld for six beds. Helene Fuld filed this appeal challenging the Commissioner's decision granting it only six of the eleven beds.

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Docket No.: hlt10061-97
Decided: 1998-07-16
Caption: NEW JERSEY DEPARTMENT OFHEALTH AND SENIOR SERVICES, v. LEISURE VILLA, RHCF,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter involves the proposed revocation by the New Jersey Department of Health and Senior Services (DHSS) of the license to operate a Residential Health Care Facilities (RHCF) issued to Leisure Villa. Leisure Villa is alleged to have “exhibited a pattern and practice of violating licensing requirements, posing a serious risk of harm to the health, safety and welfare of the residents” of Leisure Villa. The Notice of Proposed Revocation was issued by DHSS on October 3, 1977. Notice of Appeal and Request for hearing was filed on behalf of Leisure Villa on November 6, 1997.

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Docket No.: hlt10261-97
Decided: 1998-07-17
Caption: IN THE MATTER OF REGENCYPARK
Judge: WALTER F. SULLIVAN,
Summary:
Regency Park petitioned for relief concerning a denial of payment of Medicaid benefits for two of its residents, C.C. and L.R. The Department of Health characterized the matter as a contested case and transmitted it to the Office of Administrative Law for disposition pursuant to the Administrative Procedure Act. The hearing was held on April 2, 1998, and Regency was given until April 30, 1998, to collect and submit certain telephone records which it believed would be helpful to its case. The Department's position was similar with respect to both residents, although it acknowledged that the billing period on C.C. occurred substantially earlier than that on L.R.

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Docket No.: hlt10332-97
Decided: 1998-07-23
Caption: J.F.K. HARTWYCK ATOAL TREE, v. DIVISION OF HEALTH ANDSENIOR SERVICES,
Judge: BERNARD GOLDBERG,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner appeals the decision of the Division of Health and Senior Services (DHSS) denying its claims for nursing home care provided L.D. in February , March and April 1994, because they were filed out of time. N.J.A.C. 10:79-7.2(f). A hearing was requested and the matter was transmitted to the Office of Administrative Law (OAL) for determination as a contested case, pursuant to N.J.S.A. 52:14F-1 to -13.

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Docket No.: hlt2087-97
Decided: 1998-02-17
Caption: IN THE MATTER OF THEAPPLICATION OF OUR LADY OFLOURDES MEDICAL CENTERFOR A CERTIFICATE OF NEED.
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY By application dated August 20, 1996 (J-5), Our Lady of Lourdes Medical Center (Lourdes) submitted a certificate of need application for the renovation and expansion of its health care facilities to the Department of Health. The project may be summarized as the addition of 20 critical care beds and two mixed-use operating rooms to Lourdes current capacity, the construction of a replacement facility to house the existing Osborn Family Health Center together with the Outpatient Regional Renal Dialysis Center, the construction of a four-story addition to the hospital facility, certain renovations to the existing physical plant, and the development of a replacement ambulatory services facility. The total project cost is estimated at $39,064,028.

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Docket No.: hlt2335-97
Decided: 1997-10-27
Caption: IN THE MATTER OF APPLICATIONOF OUR LADY OF LOURDESMEDICAL CENTERIN THE MATTER OF APPLICATIONOF COOPER HOSPITAL/UNIVERSITYMEDICAL CENTERIN THE MATTER OF HACKENSACKUNIVERSITY MEDICAL CENTER
Judge: ANTHONY T. BRUNO,
Summary:
In response to a call for applications for Certification of Need (“CONs”) to provide one new statewide provider for heart transplantation services issued on April 29, 1996, by the Commissioner of Health, petitioners (“Our Lady of Lourdes”, “Cooper”, and “Hackensack”) each submitted an application to provide such services. On February 6, 1997 the State Health Planning Board (“SHPB”) met to consider Certificate of Need Applications for heart transplantation services. In addition to petitioners' applications, the SHPB considered and unanimously recommended approval of the application of Newark Beth Israel Hospital to convert its heart transplantation center from a demonstration project, accepted the withdrawal of Cathedral Healthcare System's application, and considered and unanimously recommended the application of Robert Wood Johnson University Hospital (“Robert Wood Johnson”) to provide heart transplantation services. The SHPB voted to deny approval of the application for Our Lady of Lourdes, Cooper and Hackensack. Pursuant to N.J.A.C. 8:33-4.14(c), petitioners requested a fair hearing to permit petitioner's applications for a CON to move to the Commissioner of Health. The appeals of Our Lady of Lourdes and Cooper were transmitted to the Office of Administrative Law (“OAL”) on March 19, 1997. Hackensack's appeal was transmitted to OAL on March 26, 1997. The three applications were consolidated pursuant to N.J.A.C. 1:1-17.1 by Order entered on May 19, 1997. On May 30, 1997, Robert Wood Johnson University Hospital was granted leave to intervene.

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Docket No.: hlt9225-96
Decided: 1998-03-09
Caption: NEWARK EXTENDED CARE FACILITY,PATIENT:E.S., v. THE DEPARTMENT OF HEALTH ANDSENIOR SERVICES,
Judge: LINDA BAER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner appeals the denial of reimbursement for services rendered to patient E.S. Respondent, Department of Health and Senior Services, denied reimbursement alleging that the claim was not timely filed in accordance with N.J.A.C. 10:49-7.2. The Division of Medical Assistance and Health Services received a request for fair hearing on August 21, 1996 and the matter was transmitted to the Office of Administrative Law on September 5, 1996 for determination as a contested case. The matter was scheduled for hearing on February 27, 1998 and the case record was left open for the production of documents. The documents including a notarized letter of representation for E.S., given to representatives of the Newark Extended Care Facility were provided on March 2, 1998. The hearing record in this matter closed on that date.

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Docket No.: abc6170-98_1
Decided: 1999-06-15
Caption: LATEEF, INC.,D/B/A TALK OF THE TOWN, v. BOARD OF ALCOHOLIC BEVERAGECONTROL, CITY OF CAMDEN,
Judge: ROBERT W. SCOTT,
Summary:
On June 8, 1998, the respondent denied the renewal of the appellant's Plenary Retail Consumption License No. 0408-33-091-0004. On June 25, 1998, the appellant filed an appeal from the respondent's action with the Division of Alcoholic Beverage Control. On July 13, 1998, the matter was transmitted to the Office of Administrative Law for determination as a contested case. As indicated above, on June 8, 1998, the respondent adopted a Resolution denying the appellant's application for renewal of said license. In adopting that Resolution, the respondent made certain findings, which were not disputed before the undersigned. In 1997, the appellant's license was suspended three times, once for forty-five days and twice for thirty days, because of maintaining a nuisance and lewdness. The appellant's establishment is operated by an on-site manager, who was present on the license premises before he obtained approval because of prior criminal ineligibility to work in a licensed premises. The respondent made other findings which were disputed by the appellant at the hearing before the undersigned and will be discussed further in this decision.

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Docket No.: hlt9933-95
Decided: 1998-08-17
Caption: RUNNELLS SPECIALIZED HOSPITAL, v. DIVISION OF MEDICAL ASSISTANCE ANDHEALTH SERVICES,
Judge: STEPHEN G. WEISS,
Summary:
PROCEDURAL HISTORY This matter was transmitted to the Office of Administrative Law by the Department of Health and Senior Services in September 1995 at the request of Union County's Runnells Specialized Hospital, (“Runnells”) for a hearing to pursue an appeal from Division of Medical Assistance and Health Services (“DMAHS”) Medicaid rate reimbursement determinations regarding calculation of target days and proper allocation of site improvement costs (Exhibit P-17). A telephone prehearing conference was conducted on June 6, 1996, but hearings did not commence until March 1997 in light of the need for substantial additional discovery and an anticipated motion for partial summary decision. One of the issues had to do with the way the number of long term patient care bed days under N.J.A.C. 10:63-3.15(a)(d) were to be calculated. Following my receipt of a motion and briefs I rendered a partial summary decision on March 13, 1997 granting the motion on that issue and denying on a second issue. The Commissioner affirmed my determination on interlocutory review per N.J.A.C. 1:1-12.5(e). Runnells Specialized Hospital v. Division of Medical Assistance and Health Services, Final Agency Decision on Motion for Partial Summary Decision, May 2, 1997.

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Docket No.: hma10892-97
Decided: 1998-06-09
Caption: DIVISION OF MEDICAL ASSISTANCEAND HEALTH SERVICES, v. LEE'S PHARMACY, INC.,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE Petitioner Division of Medical Assistance and Health Services (Division), of the Department of Human Services, charges that respondent, an approved provider of pharmaceutical services for entitlements including the Pharmaceutical Assistance to the Aged and Disabled (PAAD) program, inadvertently violated N.J.A.C. 10:51-1.19(b), resulting in the Division's overpayment for certain drugs. The Division claims that such overpayment should be recouped from respondent.

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Docket No.: hma1233-98
Decided: 1998-06-01
Caption: I.E., v. DIVISION OF MEDICAL ASSISTANCEAND HEALTH SERVICES AND BERGENCOUNTY BOARD OF SOCIAL SERVICES,
Judge: MARGARET M. HAYDEN,
Summary:
PROCEDURAL HISTORY Petitioner I.E. appeals the determination by the Bergen County Board of Social Services (CWA) of the community spousal maintenance allowance for his spouse B.E. Petitioner filed a timely request for a fair hearing and the matter was transmitted to the Office of Administrative Law (OAL) for a hearing 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. The hearing was held on April 9, 1998, at which time the record was left open for four weeks to allow the parties to submit briefs.

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Docket No.: hma2252-96
Decided: 1998-03-16
Caption: IN RE ST. FRANCIS MEDICALCENTER1995MEDICAID RATES
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY By notification dated February 16, 1996, respondent denied petitioner's request for a rate review on the basis that petitioner had failed to submit information responsive to one or more of the regulatory criteria set out in N.J.A.C. 10:52-9.1. On March 4, 1996, petitioner requested a hearing, and the matter was transmitted to the Office of Administrative Law (OAL) on March 19, 1996, for hearing as a contested case. On April 23, 1996, the matter was assigned to the undersigned administrative law judge (ALJ). Thereafter, the matter was scheduled for a telephone prehearing conference on June 6, 1996, which was adjourned at the request of the parties and rescheduled for June 19, 1996. Following this, by an Order of Consolidation dated June 6, 1996, the Honorable Solomon Metzger, ALJ consolidated this matter with 14 other matters involving applications for review of 1995 Medicaid rates, and the within matter was transferred to Judge Metzger. By an Order on Interlocutory Appeal entered by the Director of the Division of Medical Assistance and Health Services (DMAHS) on July 26, 1996, the foregoing Order of Consolidation was reversed, and it was further ordered that the determination whether each of the petitioners submitted the required information to satisfy the rate appeal criteria shall be made on a case by case review. Following this, the within matter was returned to the undersigned ALJ and it was scheduled for a telephone prehearing conference on October 9, 1996. Following this, a Prehearing Order was entered on October 10, 1996, settling the procedures to be followed in this matter. Specifically Paragraph 13 of the Prehearing Order provides that respondent was to submit a motion for summary decision or a similar dispositive motion on or before December 2, 1996 and petitioner was to respond thereto on or before January 3, 1997.

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Docket No.: hma2656-98
Decided: 1998-07-01
Caption: WINDSOR CENTER PHARMACY, INC., v. DIVISION OF MEDICAL ASSISTANCEAND HEALTH SERVICES,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter is petitioner's appeal of respondent's denial of certain pharmacy claims for pharmaceuticals dispensed between February 2, 1993 and January 9, 1995. The claims were originally paid, later voided by respondent on April 9, 1997, with the opportunity to correct quantities and resubmit, and finally denied by respondent on February 11, 1998. Petitioner filed a request for fair hearing on March 5, 1998.

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Docket No.: hma3254-96
Decided: 1997-11-25
Caption: IN RE UNITED HEALTHCARESYSTEM 1995 MEDICAID RATES
Judge: MARIE P. SIMONELLI, A.L.J
Summary:
STATEMENT OF THE CASE Petitioner, United Healthcare System (United), appeals the denial of its request for the review and adjustment of its schedule of 1995 Medicaid Rates of Reimbursement.

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Docket No.: hma3338-96
Decided: 1997-11-25
Caption: IN RE UMDNJ-UNIVERSITY HOSPITAL1995 MEDICAID RATES.
Judge: MARYLOUISE LUCCHI-McCLOUD,
Summary:
This matter involves an appeal by the petitioner, UMDNJ, from a decision of the respondent, Division of Medical Assistance and Health Services (DMAHS), denying petitioner's application for an adjustment in its 1995 Medicaid reimbursement rate. The matter was transmitted to the Office of Administrative Law (OAL) 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 on March 20, 1996. The case was subsequently consolidated for disposition with another similar case and that order of consolidation was later reversed returning this case to its single case status. Prior to any scheduled hearing cross-motions for summary decision were filed and the record closed for the purposes of the cross-motion on October 16, 1997.

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Docket No.: hma4503-98
Decided: 1998-07-21
Caption: J. M., v. DIVISION OF MEDICAL ASSISTANCEAND HEALTH SERVICES,
Judge: BRUCE R. CAMPBELL,
Summary:
J. M., petitioner, appeals an administrative decision by the Division of Medical Assistance and Health Services, respondent, that he must repay incorrectly paid benefits. In response to a notice demanding recovery of incorrectly paid benefits, E.M.G., petitioner's daughter, on May 8, 1998 requested a fair hearing. The matter was transmitted to the Office of Administrative Law for determination as a contested case. N.J.S.A. 52:14F -1 through -13. The matter was heard on June 16, 1998, at the Pine Beach Municipal Court. EVIDENCE AND FINDINGS

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Docket No.: hma5047-98
Decided: 1998-07-01
Caption: I.M., v. DIVISION OF MEDICAL ASSISTANCEAND HEALTH SERVICES AND BERGENCOUNTY BOARD OF SOCIAL SERVICES,
Judge: MARGARET M. HAYDEN,
Summary:
PROCEDURAL HISTORY Petitioner I.M. appeals the determination by the Bergen County Board of Social Services (CWA) of the community spousal maintenance allowance for his spouse, L.M. Petitioner filed a timely request for a fair hearing and the matter was transmitted to the Office of Administrative Law (OAL) on May 11, 1998, for a hearing 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. The OAL held a hearing on June 11, 1998, in Paramus, New Jersey.

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Docket No.: hma5628-96
Decided: 1997-11-06
Caption: IN RE ST. FRANCIS COMMUNITYHEALTH CENTER 1995 MEDICAID RATES,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE This matter involves an appeal by petitioner St. Francis Community Health Center (St. Francis) from a decision of respondent Division of Medical Assistance and Health Services (Division or DMAHS) denying petitioner's application for an adjustment in its 1995 Medicaid reimbursement rate.

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Docket No.: hma601-98
Decided: 1998-04-09
Caption: T.G., v. DMAHS & SOMERSET COUNTYBOARD OF SOCIAL SERVICES,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter is the appeal from the determination of the Somerset County Board of Social Services (CWA) of the amount of the community spouse maintenance deduction for petitioner's husband (D.G.). D.G. contends he was not advised by the CWA to use T.G.`s resources to pay T.G.'s debts before applying for Medicaid.

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Docket No.: hma7279-97
Decided: 1998-01-13
Caption: L. K., v. DIVISION OF MEDICAL ASSISTANCE &HEALTH SERVICES and BERGEN COUNTYBOARD OF SOCIAL SERVICES,
Judge: ARNOLD SAMUELS,
Summary:
The petitioner requested a hearing, through counsel, to determine the correctness of the action of the Division of Medical Assistance and Health Services (DMAHS) and the Bergen County Board of Social Services (BCBSS) denying her Medicaid-Only eligibility for nursing home assistance. The denial was based on advice by the respondents that eligibility could not be determined without further consideration of the resources of petitioner's estranged husband. The petitioner requested a waiver of spousal resource assessment, which was denied. Respondent requested proof of the husband's finances, which was refused, resulting in denial of the application. The matter was transmitted by the DMAHS to the Office of Administrative Law (OAL) on July 21, 1997, for hearing and 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.

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Docket No.: hma8319-97
Decided: 1998-04-28
Caption: T. S., v. DIVISION OF MEDICAL ASSISTANCE ANDHEALTH SERVICES,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, by his mother, appeals from a determination by the Division of Medical Assistance and Health Services (DMAHS) to reduce the private duty nursing services made available to petitioner's under the Early and Periodic Screening, Diagnosis and Treatment/Private Duty Nursing (EPSDT/PDN) program.

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Docket No.: hma8458-97
Decided: 1998-07-30
Caption: DIVISION OF MEDICAL ASSISTANCEAND HEALTH SERVICES, v. A&B INVALID COACH, INC.,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This is the appeal from the Division of Medical Assistance and Health Services (DMAHS) Order of Suspension and Proposed Disqualification of petitioner (“A&B Invalid Coach”) from being a provider in the Medicaid program. The Order of Suspension is dated September 9, 1998. A&B Invalid Coach's request for a hearing was filed with DMAHS on September 24, 1997.

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Docket No.: hma9267-97
Decided: 1998-03-31
Caption: M.O., v. DIVISION OF MEDICAL ASSISTANCE ANDHEALTH SERVICES AND HUDSON COUNTYBOARD OF SOCIAL SERVICES,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE Petitioner appeals the denial of Medicaid eligibility by respondent Division of Medical Assistance and Health Services (DMAHS) and Hudson County Division of Social Services (CWA) based on the CWA's determination that the petitioner's transfer of his commercial property into a spousal annuity trust made him ineligible for Medicaid. Petitioner through counsel filed a timely request for a fair hearing.

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Docket No.: hma9474-97
Decided: 1998-01-16
Caption: T. T., v. DIVISION OF MEDICAL ASSISTANCE &HEALTH SERVICES,
Judge: ARNOLD SAMUELS,
Summary:
The petitioner requested a hearing to determine the correctness of the action of the Division of Medical Assistance and Health Services (DMAHS) denying payment, through the New Jersey Medicaid program, for a portable 7ft long telescoping ramp, at a cost of approximately $500. The denial was based on an assertion by the respondent that the applicable regulations do not permit Medicaid funding for such a ramp. The matter was transmitted by the DMAHS to the Office of Administrative Law (OAL) on October 1, 1997, for hearing and 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.

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Docket No.: hma9783-97
Decided: 1998-07-07
Caption: NORTHERN MEDICAL SERVICES, INC., v. DIVISION OF MEDICAL ASSISTANCEAND HEALTH SERVICES,
Judge: RICHARD McGILL,
Summary:
Northern Medical Services, Inc. (petitioner) appeals from a denial by the Division of Medical Assistance and Health Services (respondent) of its application to participate as a medical supplier in the New Jersey Medicaid program. Respondent denied the application because petitioner does not meet requirements related to a medical supplier's place of business. PROCEDURAL HISTORY

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Docket No.: hma9813-97
Decided: 1998-04-05
Caption: M. F., v. DIVISION OF MEDICAL ASSISTANCEAND HEALTH SERVICES and BERGENCOUNTY BOARD OF SOCIAL SERVICES,
Judge: MARYLOUISE LUCCHI-McCLOUD,
Summary:
STATEMENT OF CASE AND PROCEDURAL HISTORY Petitioner appeals the decision of the Bergen County Board of Social Services (CWA) as administrator of the Medicaid program in Bergen County for the Division of Medical Assistance and Health Services (DMAHS), denying Medicaid eligibility for M.F. based upon the existence of a trust.

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Docket No.: lid10055-97
Decided: 1998-06-29
Caption: BODYCENTER AEROBICS, INC., v. NEW JERSEY DEPARTMENT OF LABOR,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, a corporation which operated an aerobic exercise center, challenges the determination that it is required to pay contributions for the years 1992 through 1994 totaling $1,524.17 allegedly due for payments to aerobics instructors who it claims are independent contractors, but who have been determined by respondent to be employees pursuant to the Unemployment Compensation Law, N.J.S.A. 43:21-19(i)(6)(A), (B), and (C). The matter was transmitted to the Office of Administrative Law (OAL) on November 17, 1997, for a hearing as a contested case. A telephone prehearing conference was held on January 22, 1998, and a Prehearing Order was entered on January 28, 1998, wherein the matter was scheduled to be heard on May 14, 1998. On May 14, 1998, a hearing was held and concluded and the record closed

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Docket No.: lid10056-97
Decided: 1998-06-30
Caption: W. J. NAGEL, INC., v. NEW JERSEY DEPARTMENT OF LABOR,
Judge: KATHRYN A. CLARK,
Summary:
The petitioner appeals the determination of the Department of Labor, Division of Unemployment Insurance/Disability Insurance Financing, that his corporation is subject to contributions due for corporate officer remuneration under N.J.S.A. 43:21-19(o) and (p). PROCEDURAL HISTORY

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Docket No.: lid10865-97
Decided: 1998-07-08
Caption: STEPHEN JAKEL,Complainant, v. RARITAN TOWNSHIP MUNICIPAL UTILITIES AUTHORITY,
Judge: ROBERT S. MILLER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Stephen Jakel (“complainant”) alleges that his former employer, Raritan Township Municipal Utilities Authority (“respondent” or “the MUA”) discriminated against him, contrary to the provisions of N.J.S.A. 34:15-39.1 by laying him off from his position as a Utility Man because he had filed a worker's compensation claim.

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Docket No.: lid12350-94
Decided: 1998-05-19
Caption: DCC CORPORATION, v. NEW JERSEY DEPARTMENT OF LABOR,
Judge: WALTER F. SULLIVAN,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The Department of Labor concluded, after an audit of petitioner's books and records, that petitioner DCC Corporation owed unemployment tax contributions for payments to several alleged independent contractors pursuant to the Unemployment and Temporary Disability Insurance Laws. DCC argued an exemption from the contributions based on its satisfaction of N.J.S.A. 43:21-19(i)(6). The Department of Labor characterized the matter as a contested case and transmitted it to the Office of Administrative Law for disposition pursuant to the Administrative Procedure Act. hearings were held on October 28 and November 7, 1997. The last of the post-hearing submissions was received on March 16, 1998, and the record closed on that date.

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Docket No.: lid1311-97
Decided: 1998-05-12
Caption: JESUS TORRES, v. PAN ATLANTIC SHIPPING,
Judge: SEBASTIAN GAETA, JR.,
Summary:
STATEMENT OF CASE AND PROCEDUREA HISTORY Petitioner asserts that the respondent, Pan Atlantic Shipping, Inc., in violation of N.J.S.A. 34:15-39.1, unlawfully discharged him because he claimed workers' compensation benefits from respondent.

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Docket No.: lid1378-95
Decided: 1998-05-22
Caption: ROSETTA SUMTER, v. SAYBOLT, INC.,
Judge: KATHRYN A. CLARK,
Summary:
PROCEDURAL HISTORY Appellant had removed her case from the jurisdiction of this tribunal by her filing in Federal District Court before Judge Nicholas H. Politan, in Civil Action No. 2:95cv05653. When this bench found out about the filing in Federal District Court, this bench placed the above-captioned matter on the inactive list, on January 17, 1996, pending disposition of the federal action.

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Docket No.: lid2074-97
Decided: 1998-08-11
Caption: NEW JERSEY DEPARTMENT OF LABOR, v. PALMER WEST ASSOCIATES t/aA & J CONSTRUCTION COMPANY,
Judge: BARBARA A. HARNED, CHIEF
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY In this proceeding, petitioner, Department of Labor, Office of Wage and Hour Compliance (Department), alleges that respondent, Palmer West Associates, t/a A & J Construction Company (A & J) has violated the New Jersey Wage and Hour Laws. The Department is seeking back pay on behalf of three former employees of A & J. The Department contends that A & J improperly paid one employee an hourly rate as a laborer when he should have been paid at a higher hourly rate as an equipment operator. As to the other two employees, the Department contends that A & J did not pay them the prevailing rate and failed to pay them overtime rates when they worked overtime. In addition, the Department asserts that A & J failed to maintain proper records. The Department is seeking $9,101.30 in wages for the three employees as well as an Administrative Fee of $1,638.23 and penalties of $4500.00.

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Docket No.: lid2826-97
Decided: 1998-04-02
Caption: PLAZA INVESTMENTCORPORATION, v. NEW JERSEY DEPARTMENTOF LABOR,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY In this matter, petitioner challenges the transfer of employment experience from the predecessor owner/operator of a motel and related facilities to petitioner, pursuant to N.J.S.A. 43:21-7(c)(7)(A), and seeks a determination that such prior employment experience should not apply to petitioner herein. The matter was transmitted to the Office of Administrative Law (OAL) on April 17, 1997, for hearing as a contested case. The matter was assigned to the undersigned administrative law judge (ALJ) on June 6, 1997, and a telephone prehearing conference was scheduled for July 15, 1997. Following this telephone prehearing conference, a prehearing order was entered on July 16, 1997, settling the procedures in this matter, and a hearing was scheduled for November 5, 1997.

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Docket No.: lid4352-96
Decided: 1998-05-28
Caption: CARE, INC., T/A CARPET &RUG EXPERTS, v. NEW JERSEY DEPARTMENTOF LABOR,
Judge: JOHN R. FUTEY,
Summary:
STATEMENT OF THE CASE In this matter, petitioner Care, Inc., t/a Carpet & Rug Experts (Care) appeals the determination by the respondent New Jersey Department of Labor for contributions due for payments to alleged independent contractors under N.J.S.A. 43:21-19(i)(6)(A), (B) and (C).

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Docket No.: lid4849-96
Decided: 1998-03-26
Caption: ASI BENEFITS PLUS, INC., v. NEW JERSEY DEPARTMENT OFLABOR,
Judge: ROBERT W. SCOTT,
Summary:
This is an appeal from a decision of the respondent that the unemployment and disability insurance experience rating of Alternative Services Inc., a business previously operated from the same location of the petitioner, should be transferred to the petitioner, in determining contributions pursuant to the Unemployment Compensation Law and the Temporary Disability Benefits Law, pursuant to N.J.S.A. 43:21-7. This statute provides in part that:

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Docket No.: lid4939-97
Decided: 1998-04-07
Caption: DAVID J. GREENHILL,Complainant, v. JOSEPH STARK,t/a STAR-LO ELECTRIC,
Judge: ROBERT S. MILLER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY David J. Greenhill (complainant) alleges that his former employer, Joseph Stark, t/a Star-Lo Electric (respondent or Star-Lo), discriminated against him, contrary to the provisions of N.J.S.A. 34:15-39.1 by laying him off from his position as a journeyman electrician because he had filed a worker's compensation claim.

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Docket No.: lid6713-97
Decided: 1998-05-14
Caption: MICHAEL A. GUGGINO, v. THE NEW JERSEY DEPARTMENTOF LABOR,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter concerns the appeal of Michael A. Guggino (hereinafter petitioner) from the determination of the Department of Labor (hereinafter respondent) that contributions are due under the New Jersey Unemployment Compensation and Temporary Disability Benefits Law in the amount of $652.38, plus interest and penalties. Petitioner requested a hearing to contest the determination, and on August 18, 1997 the matter was transmitted to the Office of Administrative Law for determination as a contested case pursuant to N.J.S.A. 52:14F-1 to -13.

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Docket No.: lid6721-97
Decided: 1998-07-06
Caption: CHARLES MACANTONIOS INSEARCH, INC., v. NEW JERSEY DEPARTMENT OF LABOR,
Judge: STEVEN C. REBACK,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This is an appeal by the petitioner, Charles Macantonios Insearch Inc., (“Insearch”), from a determination by the respondent, the New Jersey Department of Labor (Department), which was memorialized in a letter dated May 13, 1996. The letter, which serves as the pleadings in these proceedings, asserts that Insearch has been assessed liability in the amount of $13,244 plus statutory interest and penalties, which the Department alleges should have been paid for the period January 1, 1992 through and inclusive of December 31, 1995 pursuant to the Unemployment Compensation Law of New Jersey N.J.S.A. 43:21-1 to 21-24.19 (the Act or UCL). The assessment was based upon the assertion of the Department that approximately seven individuals, including Mr. Charles Macantonios, the principal owner and president of Insearch, a closely held corporation, who functioned as “recruiters” for the company were employees for whom the contributions at issue should have been made. Insearch asserts that no employment compensation was due nor should any be assessed in that each of the individuals, alleged to be an employee and subject to contributions, qualifies as an independent contractor pursuant to N.J.S.A. 43:21-19(i)(6), commonly referred to as the “ABC” test.

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Docket No.: lid6722-97
Decided: 1998-07-24
Caption: PRINCETON LAND DESIGN CORP., v. NEW JERSEY DEPARTMENT OF LABOR,
Judge: KATHRYN A. CLARK,
Summary:
The petitioner appeals the determination of the Department of Labor, Division of Unemployment Insurance/Disability Insurance Financing, that his corporation is subject to contributions due for payments to independent contractors who were determined to be employees under N.J.S.A. 43:21-19(i)(6) (A), (B), and (C). PROCEDURAL HISTORY

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Docket No.: lid8199-94
Decided: 1998-03-23
Caption: NEW JERSEY DEPARTMENT OFLABOR, v. DAYSPRING ELECTRICALCONTRACTORS, INC. A/K/ADAYSPRING ELECTRIC, INC., ET AL.,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE The petitioner, Department of Labor (the Department; DOL) has assessed a penalty, and has proposed debarment of respondent, Dayspring Electrical Contractors, Inc., a/k/a Dayspring Electric, Inc. (Dayspring).

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Docket No.: lid8880-96
Decided: 1998-04-22
Caption: HOWARD ALLAN POTTERASSOCIATES, INC., v. NEW JERSEY DEPARTMENT OFLABOR,
Judge: ROBERT W. SCOTT,
Summary:
The petitioner appeals from the respondent's demand for contributions under the New Jersey Unemployment Compensation Law, because of renumeration it gave to home inspections. The petitioner claims that the home inspectors were independent contractors and not employees within the meaning of the law, as set forth in N.J.S.A. 43:21-19(I)(6). The respondent is claiming contributions from the petitioner for 1991 through 1994. According to the Report of Audit, the respondent originally found five persons to be employees rather than independent contractors who receive renumeration from the petitioner in 1991. Those five persons were Gabriel Bidot, Lori Fleming, Todd Piotrowski, Scott Keesal and John Gargano. At the hearing the respondent's auditor agreed that Mr. Gargano could be considered as an independent contractor. At the hearing Mr. Piotrowski and Mr. Keesal testified that they were independent contractors. Later the petitioner was allowed to submit evidence that these two individuals had submitted income tax returns indicating that they were independent contractors. However, the petitioner only submitted tax returns for Mr. Piotrowski indicating that he paid taxes as an independent contractor in 1991.

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Docket No.: lid9986-94
Decided: 1998-04-28
Caption: PROGRESSIVE EDUCATIONALSERVICES, INC., v. NEW JERSEY DEPARTMENT OFLABOR,
Judge: ROBERT W. SCOTT,
Summary:
The petitioner seeks relief from the respondent's determination that the petitioner owes contributions for individuals remunerated by the petitioner in 1988 through 1993, pursuant to the New Jersey Unemployment Compensation Law, N.J.S.A. 43:21-1 to -71. The petitioner claims that persons who receive remuneration were independent contractors, while the respondent claims that they were employees under the Act referred to above. The petitioner is in the business of providing teachers/tutors to clients who are usually educational institutions. Some clients are parents seeking such services for their children. The petitioner maintains no classrooms and in effect provides broker services for its clients and the teachers/tutors in question. The respondent claims that these teachers/tutors are employees pursuant to the Act referred to above, while the petitioner claims that the teachers/tutors are independent contractors pursuant to the same Act.

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Docket No.: lvr00704-98
Decided: 1998-05-20
Caption: JOSEPH A. DeJESSA, Jr., v. NEW JERSEY DEPARTMENT OF LABOR, DIVISION OF VOCATIONAL REHABILITATION SERVICES,
Judge: JEFF S. MASIN,
Summary:
This matter involves an interesting application of the Rehabilitation Act of 1973 (“Rehabilitation Act” or “Act”), 29 U.S.C. §701 et seq., N.J.A.C. 12:45-1.1 to -1.17. Joseph A. DeJessa, Jr., a client of the respondent Division of Vocational Rehabilitation Services (“DVRS”), has been provided with assistance during his successful pursuit of a college degree. In May, 1997, he graduated magna cum laude from the College of New Jersey (formerly known as and herein referred to as Trenton State College or simply Trenton State) with a Bachelor's degree in Fine Arts with a Fine Arts designation (as opposed to a Fine Arts degree with a photography or other such designation). However, both in 1996 and thereafter again in 1997, Mr. DeJessa requested that the DVRS assist him in his intended pursuit of a four year Certificate program at the Pennsylvania Academy of Fine Arts (“PAFA” or “Pennsylvania Academy” or “the Academy”) where his direct focus would be upon painting. Each time that Mr. DeJessa requested such assistance, the DVRS turned him down. The first time he simply completed his degree program at Trenton State, but the second denial ultimately led to a request for a fair hearing pursuant to N.J.A.C. 12:45-1.17(a). The agency declared the matter a contested case and the dispute was transferred to the Office of Administrative Law (“OAL”) on February 5, 1998, pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. A prehearing conference was held on March 4 and a prehearing order was issued on March 12. A hearing was held before this judge on April 20, 1998, following which the record was closed. STIPULATION OF FACTS

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Docket No.: mfc1197-98
Decided: 1998-05-29
Caption: WYCKOFF CHRYSLER/PLYMOUTH, INC., v. CHRYSLER CORPORATION ANDBUTLER CHRYSLER PLYMOUTH JEEP, INC.,
Judge: STEPHEN G. WEISS,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This Motor Vehicle Franchise Committee (“MFC”) matter was transmitted to the Office of Administrative Law by the MFC for a hearing on January 16, 1998 as a result of a protest made by Wyckoff Chrysler/Plymouth, Inc. (“Wyckoff”) to the establishment of a Chrysler/Plymouth franchise which in December 1997 had been relocated from Boonton, New Jersey to 1571 Route 23 South and 1434 Route 23 North in Butler, New Jersey. That franchise now is known as Butler Chrysler Plymouth Jeep, Inc. (“Butler”). Respondents, which include Chrysler Corporation (“Chrysler”) as well as Butler, have moved for summary dismissal of the protest on the ground that Wyckoff lacks standing due to its geographic distance from Butler and the existence of another same line dealer in closer proximity to Butler. See N.J.S.A. 56:10-16(f) and 56:10-19 In its petition, Wyckoff relied in large part upon the accompanying certification of Richard Engel, its president. Wyckoff, he claimed, had standing to protest even though it is located more than eight miles from Butler because there is no other Chrysler/Plymouth dealer with such “standing” located within an eight mile radius of the Butler site. The statute provides that a “same line” franchise located within an eight mile radius has the exclusive right to object, but if such a potential objector does not exist then a franchisee within a fourteen mile radius may do so. Accordingly, to establish Wyckoff's standing, Engel represented there were no Chrysler/Plymouth dealers within an eight mile radius of the Butler location.

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Docket No.: mfc4848-98
Decided: 1998-08-27
Caption: C. J.' S KAWASAKI, INC., v. KAWASAKI MOTOR CORP. ANDAMERICAN CLASSIC CYCLES, L.L.C.,
Judge: BEFORE: BRUCE R. CAMPBELL,
Summary:
C.J.'s Kawasaki, Inc., (petitioner or C. J.) has filed a protest pursuant to N.J.S.A. 56:10-19 of Kawasaki Motors Corporation's (K.M.C. or respondent) award of a Kawasaki franchise to American Classic Cycles, L.L.C., at a site some four to five miles from the petitioner's facility. In addition, the petitioner moves pursuant to N.J.S.A. 56:10-22 for a determination that it has made a prima facia case that a final determination will be made in it's favor and, therefore, K.M.C. may not grant, relocate, reopen or reactivate the proposed franchise or establish, reopen, relocate or reactivate the proposed business until the final determination in this matter has been made..

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Docket No.: mvh04798-97
Decided: 1998-05-27
Caption: STATE OF NEW JERSEY, DIVISION OF MOTOR VEHICLES, v. ERIC F. CHAMBERLAIN,
Judge: JEFF S. MASIN,
Summary:
The Division of Motor Vehicles charges that as a result of Eric F. Chamberlain's improper operation of a motor vehicle on September 28, 1996, a fatal motor vehicle accident occurred, which resulted in the deaths of 17-year-old Melissa Rose Pullen and her father, 45-year-old Ronny G. Pullen. The contested case was transferred to the Office of Administrative Law (“OAL”) on June 18, 1997 pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. A hearing was held before this judge on May 7, 1998. The accident occurred in Millstone Township on County Road 537, a 50-mile-per-hour, 2-lane highway with a 12-foot shoulder. Mr. Chamberlain was operating a commercial vehicle, a 1990 Ford Super Duty with a 19-foot flatbed. The truck was owned by his employer, listed in the police report as Roadside Safety Contractor, Inc., but apparently also referred to as Statewide Hi-Way Safety, Inc.

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Docket No.: mvh10689-97
Decided: 1998-06-30
Caption: DIVISION OF MOTOR VEHICLES, v. ROBERT J. PEAR,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE The Division of Motor Vehicles granted to respondent, a bus driver, a passenger-carrying endorsement to his commercial driver license (CDL “P”). Thereafter, respondent underwent coronary bypass surgery. the Division now contends that respondent's medical condition makes him ineligible for the passenger-carrying endorsement. citing N.J.S.A. 39:3-10, 39:3-10.1, 39:3-10.16 and 39:5-30 and N.J.A.C. 13:21-14.5, the Division claims that the endorsement must be removed. Respondent submits that the Division's evidence is insufficient to grant the relief claimed and he submits that his evidence shows that he is sufficiently physically fit to retain the endorsement.

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Docket No.: mvh11408-97
Decided: 1998-07-14
Caption: DIVISION OF MOTOR VEHICLES, v. ALFRED BARON,
Judge: RICHARD McGILL,
Summary:
This matter concerns a determination by the Division of Motor Vehicles (Division) to remove a passenger-carrying endorsement from the commercial driver license of Alfred Baron (respondent) based upon the recommendation of its medical advisory panel. The Division issued the removal order on September 9, 1997, and respondent requested a conference by letter dated September 16, 1997.

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Docket No.: mvh2261-98
Decided: 1998-06-11
Caption: DIVISION OF MOTOR VEHICLES, v. DAVID W. CUNNINGHAM,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter is on remand from the Director of the Division of Motor Vehicles (DMV) subsequent to the Director's review of an where the undersigned recommended that the DMV issue respondent the passenger carrying endorsement on respondent's Commercial Driver License (CDL). The Director of the DMV had determined, grounded upon the recommendation of the DMV's Medical Advisory Panel, that respondent had failed to meet the physical requirements for the passenger endorsement. The DMV, therefore, proposed to revoke respondent's CDL.

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Docket No.: mvh2288-97
Decided: 1997-10-16
Caption: DIVISION OF MOTOR VEHICLES, v. DAVID W. CUNNINGHAM,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Docket No.: mvh3471-96
Decided: 1998-01-07
Caption: AGENCY REF. NO.DIVISION OF MOTOR VEHICLES, v. JOHN M. HANEY,
Judge: RICHARD McGILL,
Summary:
The Division of Motor Vehicles (Division) scheduled an indefinite suspension of the bus/commercial driving privileges of John M. Haney (respondent) because of a criminal record which may disqualifying. Respondent seeks relief from the scheduled suspension. PROCEDURAL HISTORY

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Docket No.: mvh5462-97
Decided: 1997-11-13
Caption: ADELL JONES v. DIVISION OF MOTOR VEHICLES
Judge: MUMTAZ BARI-BROWN,
Summary:
STATEMENT OF CASE AND PROCEDURAL HISTORY

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Docket No.: pol4091-95
Decided: 1998-01-16
Caption: LESLIE ODEL ROBERTSON,411 BIRCHWOOD COURT,NORTH BRUNSWICK, NEWJERSEY 08902, v. DIVISION OF STATE POLICE,
Judge: JOHN R. FUTEY,
Summary:
STATEMENT OF THE CASE Petitioner Leslie Odel Robertson appeals his denial of a Campus Police Commission which was issued by respondent, the New Jersey Division of State Police, in accordance with N.J.S.A. 18:6-4.3, to wit, that a background investigation conducted by the respondent revealed that Robertson lacked the character, integrity and fitness necessary for the designated commission. The issue is whether or not the respondent has properly denied petitioner his commission.

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Docket No.: ptc7666-97
Decided: 1998-07-22
Caption: BRENDA JEAN-PIERRE, v. NEWARK POLICE ACADEMY,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner Brenda Jean-Pierre appeals her dismissal by the City of Newark from her position as police recruit at the Newark Police Academy. On January 31, 1997, Jean-Pierre was dismissed from the Newark Police Academy on the basis that she failed to complete her basic recruit training. On February 10, 1997, Newark filed a Preliminary Notice of Disciplinary Action terminating petitioner as a police recruit because of her dismissal from the Police Academy. On March 14, 1997, Newark served a Final Notice of Disciplinary Action removing Jean-Pierre from her position effective March 13, 1997. Petitioner filed a timely notice appealing the dismissal.

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Docket No.: ptc7667-97
Decided: 1998-06-09
Caption: KATHERINE CARNICELLA, v. NEWARK POLICE ACADEMY,
Judge: MARIE P. SIMONELLI, A.L.J
Summary:
STATEMENT OF THE CASE Petitioner, Katherine Carnicella (Ms. Carnicella), appeals her dismissal from respondent, Newark Police Academy (the Police Academy), based upon a positive drug screening test.

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Docket No.: ptc9157-95
Decided: 1998-03-13
Caption: MARK WILLIS, v. ESSEX COUNTY POLICE ACADEMY,
Judge: DIANA C. SUKOVICH,
Summary:
PROCEDURAL HISTORY On October 25, 1994, the John H. Stamler Police Academy (Union Academy) issued a notice dismissing Mark Willis (Willis or appellant), who was then a trainee at the Union Academy. Appellant did not file an appeal regarding that dismissal at the time in question. He subsequently enrolled in the Essex County Police Academy (Essex Academy). On March 3, 1995, the Essex Academy issued a notice dismissing Willis. Appellant filed an appeal on April 7, 1995 with the Police Training Commission (PTC), State Department of Law and Public Safety. The PTC transmitted the matter to the Office of Administrative Law (OAL) on August 11, 1995 for determination as a contested case pursuant to N.J.S.A. 52:14F-1 to -13.

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Docket No.: puc10162-97
Decided: 1998-07-06
Caption: IN THE MATTER OF THE JACOBS FAMILY TERRACE CONDOMINIUMASSOCIATION PETITION FOR INDIVIDUALSEWER SERVICE BILLING
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE Petitioner Jacobs Family Terrace Condominium Association claims that respondent Atlantic City Sewerage Company, a public utility, should be ordered to individually bill for service to residential condominium units.

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Docket No.: puc11361-97
Decided: 1998-04-28
Caption: IN THE MATTER OF THE PETITION OF ROCKLAND ELECTRIC COMPANYFOR APPROVAL OF A CHANGE INITSLEVELIZED ENERGYADJUSTMENT CHARGE
Judge: WILLIAM GURAL,
Summary:
t/a: Petitioner sought to change a fuel adjustment rate to .8274 cents per KWH for 1998 from a current rate of .2846 cents per KWH. This matter was transmitted to the Office of Administrative Law on November 26, 1997 for a hearing pursuant to N.J.S.A. 52:14B-1 to 14B-14 and N.J.S.A. 52:14F-1 to 14F-13.

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Docket No.: puc2525-97
Decided: 1998-01-23
Caption: IN THE MATTER OF THE PETITION OF ATLANTIC CITY ELECTRICCOMPANY FOR APPROVAL OFAMENDMENTS TO ITS ENERGYADJUSTMENT RATE SCHEDULE
Judge: LOUIS G. McAFOOS,
Summary:
t/a: On February 28, 1997, Atlantic City Electric Company (the Company), a public utility of the State of New Jersey, filed a petition with the Board of Public Utilities requesting the approval of proposed changes to the Company's rate schedule energy adjustment (EA) for the period June 1, 1997, through May 31, 1998. The Company requested an increase in annual energy adjustment revenues of $20,000,000. On April 14, 1997, an ad hoc group of eleven Atlantic City casino/hotels (Casino Group) filed a motion to intervene. A telephone prehearing conference was held on June 4, 1997, and a prehearing order detailing the issues of the matter was issued on June 5, 1997. The Casino Group's motion to intervene was granted.

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Docket No.: puc3154-97
Decided: 1997-12-03
Caption: IN THE MATTER OF THE PETITION OF MAXIM SEWERAGE CORPORATIONFOR APPROVAL OF AN INCREASE INRATES FOR SEWER SERVICE
Judge: LOUIS G. McAFOOS,
Summary:
t/a: On January 23, 1997, Maxim Sewerage Corporation (“Maxim” or “Company”), a public utility of the State of New Jersey, filed a petition pursuant to N.J.S.A. 48:2-21 and 48:2-21.2 with the Board of Public Utilities (Board) requesting an increase in base revenues of $1,287,251.00, or 103.4 percent. The Board transmitted the matter to the Office of Administrative Law (OAL) 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. A telephone prehearing conference was held on April 28, 1997, and a public hearing was held in Howell Township on July 16, 1997. Over one hundred members of the public attended the public hearing.

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Docket No.: puc3813-97
Decided: 1997-11-14
Caption: I/M/O PETITION OF THERECEIVER OF VALLEY ROADSEWERAGE COMPANY FOR APPROVALOF AN INCREASE IN RATES
Judge: WILLIAM GURAL,
Summary:
, t/a: Petitioner, Receiver of Valley Road Sewerage Company (Valley Road) (Company) petitioned the Board of Public Utilities (BPU) for an increase in rates pursuant to N.J.S.A. 48:2-21.2 I find that the BPU need not find a rate base to decide this matter. On April 30, 1997, the company was granted interim rates of $520 per annum for each of 630 customers. It was designed to bring $327,600 in annual revenues ($520 x 630 = $327,600). The company seeks to increase its rates by $283,105 to $817 per customer. Ratepayer Advocate concedes a need for an additional $74,627 to reach a revenue requirement of $310,887 with a customer rate of $497.50 per annum.

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Docket No.: puc4935-97
Decided: 1997-11-19
Caption: I/M/O THE PETITION OF ATLANTICCITY ELECTRIC COMPANY ANDCONECTIV, INC., FOR APPROVALUNDER N.J.S.A. 48:2-51.1 AND N.J.S.A48:3-10 OF A CHANGE IN OWNERSHIPAND CONTROL
Judge: LOUIS G. McAFOOS,
Summary:
t/a: On August 9, 1996, Delmarva Power and Light Company (Delmarva) and Atlantic Energy, Inc. (AEI) entered into an Agreement and Plan of Merger. AEI is the parent company of Atlantic City Electric Company (“Atlantic” or “Company”), a public utility of the State of New Jersey subject to the jurisdiction of the New Jersey Board of Public Utilities (“Board”). The new parent company that will emerge if this merger is approved and completed is Conectiv, Inc., (“Conectiv”). On February 24, 1997, Atlantic and Conectiv (“petitioners”) jointly filed a petition with the Board of Public Utilities pursuant to N.J.S.A. 48:2-51.1, N.J.S.A. 48:3-10 and N.J.A.C. 14:1-5.10 seeking the Board's approval of a transfer upon Atlantic's books and records of all of the issued and outstanding shares of its common stock, which will result in the change of ownership or control of Atlantic. Pursuant to the proposed transaction, Atlantic will become a wholly owned subsidiary, as will Delmarva, of a newly formed holding company, Conectiv. Specifically, AEI, the utility holding company that owns 100 percent of the common stock of Atlantic and nine other utility subsidiaries, will merge into Conectiv, with Conectiv as the surviving corporation. Delmarva will merge with DS Sub, Inc., a wholly owned subsidiary of Conectiv, newly formed to facilitate the merger. Thus, as a result of the proposed transaction, Conectiv will become the parent of Atlantic, Delmarva and AEI's current subsidiaries.

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Docket No.: puc7309-97
Decided: 1998-08-18
Caption: IN THE MATTER OF ROCKLAND Consolidated ELECTRIC COMPANY STRANDED COSTFILINGS,andIN THE MATTER OF ROCKLANDELECTRIC COMPANY UNBUNDLEDRATE FILINGS.
Judge: WILLIAM GURAL,
Summary:
t/a On April 30, 1997 the Board of Public Utilities (BPU issued its findings and recommendations Restructuring the Electric Power Industry in New Jersey (Final Report, Green Book).

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Docket No.: puc7311-97
Decided: 1998-08-17
Caption: I/M/O ATLANTIC CITY ELECTRIC COMPANY'SUNBUNDLED COSTS FILINGBPU DKT. NO. EO 97070455
Judge: WILLIAM GURAL,
Summary:
, t/a:

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Docket No.: puc8409-97
Decided: 1997-12-18
Caption: I/M/O THE PETITION OF ATLANTICCITY ELECTRIC COMPANY TOINSTITUTE A PHASE II PROCEEDINGTO RECOVER PRUDENTLY INCURREDPBOP COSTS PURSUANT TO THEIMPLEMENTATION OF SFAS-106
Judge: LOUIS G. McAFOOS,
Summary:
t/a: In that case I am presented with the joint position of the Staff and Company of 5.401 million dollars and the recommendation of the Ratepayer Advocate of 4.7 million dollars. I'm not going to make it so easy as to say one or the other; there is black and white and then there is gray. And I think there is a little gray here.

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Docket No.: puc9525-97
Decided: 1998-09-10
Caption: IN THE MATTER OF THE PETITIONOF ELIZABETHTOWN GAS COMPANYTO INSTITUTE A PHASE IIPROCEEDING TO RECOVER PRUDENTLYINCURRED PBOP COSTS PURSUANT TOTHE IMPLEMENTATION OF SFAS-106
Judge: LOUIS G. McAFOOS,
Summary:
t/a: All right. Having heard the arguments of counsel and the testimony of Mr. DeMoine I am persuaded that, first of all, as I already found and again reiterate, the motion of the Advocate should be denied. I believe there will be enough of a review process available; in fact there has been a review process to insure that the Company has not been over-recovering since its last base rate case.

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Docket No.: puc9616-96
Decided: 1997-10-30
Caption: I/M/O TARIFF FILING BYBELL ATLANTIC NEWJERSEY, INC., REGARDINGTHE IMPLEMENTATION OFRESIDENTIAL ISDN SERVICE
Judge: LOUIS G. McAFOOS,
Summary:
PROCEDURAL HISTORY On April 19, 1996, Bell Atlantic - New Jersey, Inc. (“Bell Atlantic” or “the Company”) filed a petition with the New Jersey Board of Public Utilities (“BPU” or “the Board”) requesting a tariff revision to provide for the introduction of Residential IntelliLinQ BRI With Usage Options using the basic rate interface (“BRI”) arrangement of the Integrated Services Digital Network (“ISDN”). Bell Atlantic proposes to offer capabilities of ISDN to residential customers for prices ranging from $23.50 with additional full bandwidth usage charges of $0.04/minute during the day and $0.02/minute at night, to $249.00 per month for unlimited usage. On September 25, 1996, the Board issued an order allowing ISDN rates on an interim basis, subject to refund, pending the outcome of formal hearings. The matter was transmitted to the Office of Administrative Law 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. A prehearing conference was held on December 11, 1996, at which time the motion of the Consumer Project on Technology (“CPT”), a public interest advocacy group, to intervene in this matter was granted.

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Docket No.: rac1707-97
Decided: 1998-08-21
Caption: TRLOUIS A. GRASSO, v. NEW JERSEY RACING COMMISSION,
Judge: SEBASTIAN GAETA, JR.,
Summary:
STATEMENT OF CASE AND PROCEDURAL HISTORY Petitioner, Louis A. Grasso, DVM, requested this plenary hearing before the Office of Administrative Law to consider whether he does or does not meet the suitability qualifications for licensure as a veterinarian by the New Jersey Racing Commission. (Racing Commission)

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Docket No.: rac3569-97
Decided: 1998-03-04
Caption: jeffrey opatowski, v. New Jersey Racing Commission,
Judge: EDITH KLINGER,
Summary:
Petitioner, Jeffrey Opatowski, owned a horse, “Count Hitter”, which was claimed in the eleventh race at Freehold Raceway on January 23, 1997. Petitioner seeks to have the claim voided on the basis of a protest he filed following the race. Opatowski requested a hearing on February 21, 1997 and, on March 26, 1997, the New Jersey Racing Commission (NJRC) transmitted the matter to the Office of Administrative Law (OAL) 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. review of uncontested facts

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Docket No.: rac5640-96
Decided: 1998-08-28
Caption: PHILIP BOGNER, v. NEW JERSEY RACING COMMISSION,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE Petitioner Philip Bogner (Bogner) appeals from the decision of the Board of Stewards on May 3, 1996, denying him privileges on all grounds under the jurisdiction of the New Jersey Racing Commission (NJRC or Commission). The Commission based its decision on the fact that Bogner was under an indefinite suspension in another jurisdiction, having been convicted of sports bribery in New York, and that he was unauthorized to be in the paddock at the Meadowlands on April 16, 1996.

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Docket No.: rac591-98
Decided: 1998-08-10
Caption: MICHAEL DEPIETRO, JR., v. NEW JERSEY RACING COMMISSION,
Judge: BRUCE R. CAMPBELL,
Summary:
This is an appeal of the decision of the Board of Judges to disqualify the horse, “Dents,” for interference in the second race at Freehold Raceway on November 28, 1997, to place the horse from second to sixth position and to redistribute the purse. Michael DePietro, Jr., petitioner, drove Dents in that race. He timely appealed the Board of Judges' decision and the matter was transmitted to the Office of Administrative Law for determination as a contested case, pursuant to N.J.S.A. 52:14F-1 through -13. The matter was heard on July 16, 1998 at the Office of Administrative Law, Trenton. The New Jersey Racing Commission (Commission) argues that DePietro filed no complaint at the time. Before a race is declared official, the judges take into consideration any filed objection. It was the judges' opinion that the petitioner interfered with the progress of other horses in the subject race. The respondent argues that Dents had had an accident two weeks before, was only two years old and was skittish.

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Docket No.: rac6062-97
Decided: 1997-11-12
Caption: LUIS RIVERA, v. NEW JERSEY RACING COMMISSION,
Judge: BRUCE R. CAMPBELL,
Summary:
Luis Rivera, a licensed jockey, appeals a seven-day suspension for a careless ride in violation of N.J.A.C. 13:70-11.1 in the tenth race on Saturday, June 7, 1997, at Monmouth Park. This matter was transmitted by the New Jersey Racing Commission to the Office of Administrative Law for determination as a contested case, pursuant to N.J.S.A. 52:14F-1 through -13. The matter was heard on October 28, 1997, at the Office of Administrative Law, Trenton. Two persons testified and two documents were admitted into evidence. The New Jersey Racing Commission provided a tape of the race which was viewed several times during the hearing.

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Docket No.: rac707-97
Decided: 1998-06-30
Caption: NEW JERSEY RACING COMMISSION, v. PETER VUMBACA,
Judge: BARBARA A. HARNED, CHIEF
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY On January 15, 1997 the Board of Stewards (Board) at Freehold Raceway issued Ruling # 97ACH41 in which the Board imposed a sixty (60) day suspension on Peter Vumbaca, a harness race driver in a race held at Freehold on January 2, 1997. The ruling stated that the suspension was being imposed for “[f]ailure to drive to the finish due to lack of effort, carelessness, and [Mr. Vumbaca] also demonstrated a lack of judgment in performance” (P-1). The ruling further stated that Mr. Vumbaca's “conduct while driving #8 LITTLE W in the 2nd race on January 2, 1997 was an act detrimental to the best interest of horse racing” (P-1).

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Docket No.: trp10190-96
Decided: 1998-07-30
Caption: SOUTHERN RAILROAD COMPANY, v. DEPARTMENT OF TRANSPORTATION,
Judge: JEFF S. MASIN,
Summary:
Southern Railroad Company (“Southern”) applied to the New Jersey Department of Transportation (“DOT”) for permits to erect outdoor advertising signs on property which it owns in Pleasantville, Atlantic County, New Jersey. The applications were denied by the DOT because the proposed locations were within 1,000 feet of permitted locations for which Outdoor Systems, Inc. (“OSI”) held permits on land owned by the South Jersey Transportation Authority (“SJTA”). N.J.A.C. 16:41C-8.7 (b) provides that spacing between outdoor advertising signs along each side of a road shall be at a minimum of 1,000 feet (hereinafter sometimes referred to as “the 1,000 foot rule”.) Southern appealed the denial and the DOT transferred the matter as a contested case to the Office of Administrative Law (“OAL”), pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. A prehearing conference was held before this judge on February 20, 1997, and a prehearing order was issued on March 3, 1997. Thereafter, as a result of certain allegations made by Southern regarding the manner in which OSI purportedly obtained the permits for the SJTA sites, the DOT requested on April 23, 1997, that the contested case be made inactive to allow it time to consider Southern's contentions that OSI had fraudulently misrepresented certain facts to DOT in its applications for the permits for the SJTA locations. An order of inactivity was issued on April 30, 1997. The DOT then moved to amend the pleadings to include OSI as a party as to the question of whether OSI had made materially false statements in its applications. This motion was granted and OSI was made a respondent to the allegations of the DOT.1

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Docket No.: trp2723-96
Decided: 1997-12-17
Caption: DAVID KLEIN OUTDOORADVERTISING, INC., v. STATE OF NEW JERSEY,DEPARTMENT OFTRANSPORTATION,
Judge: JEFF S. MASIN,
Summary:
David Klein Outdoor Advertising, Inc., (“Klein”), submitted an application, #61007, to the respondent Department of Transportation (“DOT”) on September 22, 1995, seeking a permit to erect a two-sided outdoor advertising sign to be located on private property designated as Block 28, Lot C, described as 100 feet north of the Raritan River on the east side of U.S. Route 9 in Woodbridge Township, Middlesex County. The sign was to be 25 feet wide and 12 feet high, a total of 300 square feet. The application stated that the sign would bear commercial messages. The DOT denied that application on October 19, 1995, based upon a regulation applicable at that time, N.J.A.C. 16:41C-3.2(a)(1), which prohibited off-premise outdoor advertising signs located “along the Garden State Parkway.” This regulation, contained within the Roadside Sign Control and Outdoor Advertising Regulations (N.J.A.C. 16:41C-1.1 et seq.), was understood by the DOT to prohibit not only those advertising signs physically adjacent to the Parkway, but also those that would be so located that they would be visible from the Parkway. It is agreed by the parties to this contested case that the proposed sign would in fact be visible from the Parkway, and it is further agreed that no sign has or is now present at the proposed site.

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Docket No.: trp6504-97
Decided: 1998-08-03
Caption: steen outdoor ad v. rtising, Inc., v. New jersey departmentof transportation,
Judge: JOSEPH F. FIDLER,
Summary:
STATEMENT OF THE CASE Petitioner Steen Outdoor Advertising, Inc. (“petitioner” or “Steen”), challenges the denial of its application for an outdoor advertising permit for a northbound facing sign to be located on the southbound side of Interstate 295 in Carney's Point Township, Salem County, New Jersey. The New Jersey Department of Transportation (“respondent” or “NJDOT”) denied the application on May 27, 1997, pursuant to N.J.A.C. 16:41C-8.7(b)2, which prohibits in areas of population under 40,000 an off-premise outdoor advertising sign that is visible to the main-traveled way of any portion of an Interstate highway from being located adjacent to or within 500 feet of an interchange, intersection at grade, or safety rest area. PROCEDURAL HISTORY By letter dated May 30, 1998, petitioner Steen protested the denial of its permit application and requested a hearing. On August 5, 1997, the New Jersey Department of Transportation transmitted the matter to the Office of Administrative Law for determination as a contested case, pursuant to n.j.s.a. 52:14F-1 to -13. The matter was heard on May 11, 1998, and the record remained open following the hearing to permit submission of post-hearing briefs. The last of these was received on June 18, 1998, and the record closed on that date.

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Docket No.: trp7152-97
Decided: 1998-05-13
Caption: IN THE MATTER OF THE REVOCATION OF THE ACCESS OFBLOCK #401, LOT #6, BOROUGH OF PARAMUS,BERGEN COUNTY
Judge: STEPHEN G. WEISS,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter was transmitted by the Department of Transportation (“DOT”) to the Office of Administrative Law as a contested case in July 1997 at the request of the respondent, Century Amusement Corp. (“Century”) for a hearing challenging the DOT's proposal to revoke its existing access permit for a driveway onto its property from Route 17 Southbound pursuant to the provisions of the State Highway Access Management Act, N.J.S.A. 27:7-89 et seq. and the applicable agency regulations. Plenary hearings were conducted by the undersigned administrative law judge on February 26, 1998 and March 4, 1998. Testimony for the DOT was offered by Arthur J. Eisdorfer, manager of its Bureau of Civil Engineering who is licensed both as a professional engineer and a professional planner. Following the conclusion of DOT's case Eisdorfer also was called as a witness by Century. In addition, the respondent presented the testimony of Jay Troutman, a traffic engineer employed by the consulting firm of McDonough and Rea Associates.

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Docket No.: trp9450-97
Decided: 1998-06-02
Caption: IN THE MATTER OF THE REVOCATION OF THE ACCESS OFBLOCK #697, LOT #19, BOROUGH OF PARAMUS,BERGEN COUNTY
Judge: STEPHEN G. WEISS,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter was transmitted by the Department of Transportation (“DOT”) to the Office of Administrative Law as a contested case on September 30, 1997 following a request by Jan Lynn Realty Associates, (“Jan Lynn”) for a hearing to appeal DOT's decision to revoke access to and from its Paramus property from New Jersey Route 4. Following informal meetings held during 1997, DOT had determined it was appropriate under the Highway Access Management Act and the pertinent regulations to revoke two (of three existing) accesses to the property because of safety concerns. See, N.J.S.A. 27:7-89, et seq. Although plenary hearings have been scheduled for June 29, 1998 and July 1, 1998, DOT has moved for summary decision. A reply certification to DOT's motion was submitted on behalf of Jan Lynn, responsive letter memoranda then were filed, and the matter is now ready for determination.

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Docket No.: typ10236-93
Decided: 1998-06-09
Caption: DANIEL McNULTY, v. POLICE AND FIREMEN'S RETIREMENT SYSTEM,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Daniel McNulty, appeals the determination of the Police and Firemen's Retirement System (the Board, PFRS), that he must reimburse the pension system for retirement checks from March 1, 1991 to November 1, 1995 because he did not reenroll in the PFRS after he returned to employment as a sheriff's investigator in Bergen County.

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Docket No.: typ10490-96
Decided: 1998-01-16
Caption: RONALD T. BRENNAN, v. TEACHERS' PENSION and ANNUITY FUND,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Ronald T. Brennan, appeals the determination of the Board of Trustees, Teachers' Pension and Annuity Fund (TPAF), denying his application to purchase three (3) years and one (1) month of service credit unless he purchased all of his previous pension service in the Pension Fund of Essex County (Essex County Fund).

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Docket No.: typ10553-96
Decided: 1997-12-04
Caption: DONALD REED, v. PUBLIC EMPLOYEES' RETIREMENT SYSTEM,
Judge: R. JACKSON DWYER,
Summary:
; STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Donald Reed, appeals the determination of the Board of Trustees, Public Employees' Retirement System (the Board, PERS) at its meeting on September 18, 1996 denying his application for an accidental disability retirement allowance, pursuant to N.J.S.A. 43:15A-43. The Board determined that the incident petitioner described as occurring on January 24, 1995, was not a “traumatic event” as detailed by statute and case law. The Board further determined that petitioner was totally and permanently disabled in the performance of his regular and assigned duties and that his alleged disability was a direct result of the incident that he described.

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Docket No.: typ10834-96
Decided: 1997-11-21
Caption: JEAN BELLO,Plaintiff, v. TEACHERS' PENSION AND ANNUITY FUND,
Judge: ROBERT S. MILLER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Jean Bello (petitioner) appeals from a determination of the Board of Trustees, Teachers' Pension and Annuity Fund (Board of Trustees or respondent) denying her application for accidental disability retirement under N.J.S.A. 18A:66-39.

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Docket No.: typ10876-96
Decided: 1998-06-11
Caption: JOSEPH BUTCHKO, v. BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'SRETIREMENT SYSTEM,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter concerns the appeal of Joseph Butchko (hereinafter appellant) from the determination of the Board of Trustees of the Police and Firemen's Retirement System (hereinafter respondent) denying his application for accidental disability retirement benefits. Appellant was notified of respondent's determination by letter dated September 25, 1996. By letter dated October 21, 1996, appellant's attorney requested a hearing to contest the determination, and on December 13, 1996, the matter was transmitted to the Office of Administrative Law for determination, as a contested case, pursuant to N.J.S.A. 52:14F- 1 to -13.

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Docket No.: typ10940-96
Decided: 1998-08-05
Caption: GEORGE SYDLAR, v. BOARD OF TRUSTEES', POLICE AND FIREMEN'S RETIREMENT SYSTEM,
Judge: BEFORE: ARNOLD SAMUELS,
Summary:
The petitioner, George Sydlar, appeals from a decision of the Board of Trustees' (Board) of the Police and Firemen's Retirement System (PFRS), denying his application for an accidental disability pension, pursuant to N.J.S.A. 43:16A-7. PROCEDURAL HISTORY

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Docket No.: typ11191-96
Decided: 1998-03-12
Caption: JAMES S. WOOD, v. PUBLIC EMPLOYEES'RETIREMENT SYSTEM,
Judge: RICHARD McGILL,
Summary:
James S. Wood (petitioner) appeals from a determination by the Board of Trustees of the Public Employees' Retirement System (respondent) to deny his application to purchase military service credit. The significance of the purchase is that credit for the additional time would give petitioner twenty-five years of service which would qualify him for employer-paid health benefits in conjunction with a service retirement. Respondent denied petitioner's application because he was not an active contributing member of the system at the time of his application as required by N.J.A.C. 17:2-5.1. PROCEDURAL HISTORY

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Docket No.: typ11437-94
Decided: 1997-12-18
Caption: HELEN OTTO, v. STATE HEALTH BENEFITS COMMISSION,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Helen Otto, appeals the decision of the New Jersey State Health Benefits Commission (Commission, SHBC), denying her application for reimbursement from the Prudential Insurance Company for expenses of $14,484.50 incurred for private duty nursing care when her late husband, Irving Otto, was a patient at the Valley Hospital from September 14, 1992 through September 25, 1992 and from September 15, 1993 through September 28, 1993.

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Docket No.: typ1702-97
Decided: 1998-03-24
Caption: JOSEPH RENNE, PASQUALE ASSALONE and JOSEPH LAMBERT v. POLICE AND FIREMEN'SRETIREMENT SYSTEM,
Judge: RICHARD McGILL,
Summary:
Joseph Renne, Pasquale Assalone and Joseph Lambert (petitioners) received additional compensation as chief of police, deputy chief of police and captain of police, respectively, pursuant to Ordinance No. 96-10 of the Borough of West Paterson. The Board of Trustees of the Police and Firemen's Retirement System (respondent) determined that the additional compensation would not constitute creditable salary for pension purposes, and petitioners requested a hearing. PROCEDURAL HISTORY

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Docket No.: typ2266-97
Decided: 1997-10-29
Caption: KEVIN GIBBONS, v. BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S RETIREMENT SYSTEM,
Judge: JEFF S. MASIN,
Summary:
Kevin Gibbons applied to the Board of Trustees of the Police and Firemen's Retirement System (“Board”) for an Accidental Disability Retirement Allowance. At its meeting of January 27, 1997, the Board rejected Mr. Gibbons application, determining that he had not suffered the required “traumatic event” and that at the time he filed his disability retirement application he was not then “in service” as required by statute. N.J.S.A. 43:16A-7. Mr. Gibbons requested a hearing to contest the determination and the matter was declared a contested case and transmitted to the Office of Administrative Law pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. A hearing was held before this judge on September 24, 1997. The record closed following completion of testimony and presentation of exhibits.

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Docket No.: typ2268-97
Decided: 1997-10-01
Caption: JAMES PETERS, v. POLICE AND FIREMEN'SRETIREMENT SYSTEM,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner's application for accidental disability retirement benefits was denied by respondent on January 28, 1997, based on the incidents giving rise to the petitioner's disability as not being traumatic events and because petitioner was not in service at the time he filed for disability retirement benefits. Petitioner requested a hearing and the matter was transmitted to the Office of Administrative Law (OAL) on March 17, 1997, for hearing as a contested case. The matter was assigned to the undersigned administrative law judge (ALJ) on April 2, 1997, and was scheduled for hearing on May 13, 1997. Prior to the scheduled hearing date, both parties requested that the matter be adjourned because they were not prepared to proceed, and the matter was adjourned and rescheduled for June 26, 1997. The hearing scheduled for June 26, 1997, was adjourned at the request of the parties due to scheduling conflicts, and the matter was rescheduled for hearing on two dates, August 21, 1997 and October 16, 1997.

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Docket No.: typ2587-95
Decided: 1997-11-21
Caption: HATTIE WILLIAMS, v. PUBLIC EMPLOYEES' RETIREMENT SYSTEM,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Hattie Williams, appeals the determination of the Board of Trustees, Public Employees' Retirement System (the Board, PERS) at its meeting on December 15, 1994, denying her application for an accidental disability retirement allowance, pursuant to N.J.S.A. 43:15A-43. The Board determined that the incidents that petitioner described as occurring on October 15,1992 and May 19, 1993 were not “traumatic events” as detailed by statute and relevant case law. The Board further determined that the incidents that petitioner described were not the “direct result” of her stipulated permanent and total disability.

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Docket No.: typ2610-97
Decided: 1998-01-15
Caption: PAUL A. CAPIZOLA, JR., v. BOARD OF TRUSTEES OFTHE POLICE AND FIREMEN'SRETIREMENT SYSTEM,
Judge: BEATRICE S. TYLUTKI,
Summary:
This matter concerns the appeal of Paul A. Capizola, Jr., the petitioner regarding the January 27, 1997 determination of the respondent, Board of Trustees of the Police and Firemen's Retirement System (PFRS), which denied his request to cancel the purchase of pension credit for the period of his military service. In the letter informing the petitioner of its decision, the PFRS stated “[T]hough sympathetic to your situation, the Board is without authority to cancel your purchase” (J-8). In denying the request, the PFRS cited N.J.A.C. 17:1-4.13(a), which prohibits the cancellation of the purchase of service credit once payroll deductions have begun. The petitioner requested a hearing. The matter was transmitted to the Office of Administrative Law on April 4, 1997, 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. I had a telephone prehearing conference with the parties on September 3, 1997, and I issued a prehearing order on September 5, 1997. The hearing took place on December 8, 1997, and the record closed on that date.

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Docket No.: typ2611-97
Decided: 1997-12-15
Caption: CALBERT MOLDER, v. BOARD OF TRUSTEES OF THEPOLICE AND FIREMEN'SRETIREMENT SYSTEM,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter concerns the appeal of Calbert Molder (hereinafter appellant) from the determination of the Board of Trustees of the Police and Firemen's Retirement System (hereinafter respondent) denying his application to transfer from the Public Employees' Retirement System to the Police and Firemen's Retirement System. Appellant was informed of respondent's determination by letter dated August 22, 1996. By letter dated January 27, 1997, appellant requested a hearing to contest the determination, and on April 4, 1997, the matter was transmitted to the Office of Administrative Law for determination as a contested case, pursuant to N.J.S.A. 52:14F- 1 to -13.

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Docket No.: typ2808-97
Decided: 1998-01-29
Caption: CHARLES G. YARNALL, v. BOARD OF TRUSTEES OF THETEACHERS' PENSION ANDANNUITY FUND,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter concerns the appeal of Charles G. Yarnall (hereinafter appellant) from the determination of the Board of Trustees of the Teachers' Pension and Annuity Fund (hereinafter respondent) denying his application for accidental disability retirement benefits. Appellant was notified of respondent's determination by letter dated March 7, 1997. By letter dated March 27, 1997, appellant requested a hearing to contest the determination, and on April 17, 1997, the matter was transmitted to the Office of Administrative Law for determination, as a contested case, pursuant to N.J.S.A. 52:14F- 1 to -13.

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Docket No.: typ2810-97
Decided: 1997-12-10
Caption: ANTHONY HENNESSEY, v. BOARD OF TRUSTEES OF THETEACHERS' PENSION ANDANNUITY FUND,
Judge: JEFF S. MASIN,
Summary:
Anthony Hennessey applied to the respondent Board of Trustees for an accidental disability pension. The Board denied the application, at first contending that Mr. Hennessey had failed to establish any of the three qualification criteria, that is, the occurrence of a traumatic event, complete and total disability from the performance of his job duties and direct result of the disability from the traumatic event. The Board later reconsidered the matter and agreed that a traumatic event had occurred, but still denied that either the disability or the direct result criteria of the test for eligibility had been met. An appeal of the Board's determination resulted in transmittal of the matter to the Office of Administrative Law (“OAL”) 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. A prehearing conference was held on May 29, 1997, and a prehearing order was issued on June 23, 1997. Hearings were conducted on August 20 and September 18, 1997, and post-hearing briefs were filed. The record closed on October 29, 1997. Mr. Hennessey worked for the Board of Education of the Cumberland County Technical Education Center as a teacher. On June 3, 1994, as he was engaged in his normally assigned capacity as a teacher of the building trades and coordinator of the masonry and carpentry trades, he was attempting to get on to the roof of a house which was being built as a major component of the training offered by the school to its students. He was at the top of a wooden ladder and the ladder came out from under him, causing him to fall approximately 14 feet to the ground. He hit the ground on his right side, and as he recalls it, his right hand was tucked under him. As noted, the Board no longer challenges that this fall constituted a traumatic event.

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Docket No.: typ2928-97
Decided: 1997-11-05
Caption: BETTY TEAGUE, v. BOARD OF TRUSTEES OF THEPUBLIC EMPLOYEES' RETIREMENTSYSTEM,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter concerns the appeal of Betty Teague (hereinafter appellant) from the determination of the Board of Trustees of the Public Employees' Retirement System (hereinafter respondent) denying her application for accidental disability retirement benefits. Appellant was informed of respondent's decision by letter dated February 20, 1997. Appellant requested a hearing to contest the determination and on April 25, 1997, the matter was transmitted to the Office of Administrative Law for determination, as a contested case, pursuant to N.J.S.A. 52:14F- 1 to -13.

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Docket No.: typ3115-97
Decided: 1998-04-07
Caption: John Burgess , v. public Employees' retirement system,
Judge: EDITH KLINGER,
Summary:
On December 18, 1996, the Board of Trustees (Board) of the Public Employees' Retirement System (PERS) denied the application of petitioner, the estate of John Burgess, for benefits under the group life insurance policy owned by Burgess as a member of the Public Employees' Retirement System (PERS). On January 29, 1997, petitioner requested a hearing and on March 3, 1997, PERS transmitted the matter to the Office of Administrative Law (OAL) 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. The hearing was held on February 6, 1998, and the record closed on February 24, 1998, when the final submissions were received from the parties.

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Docket No.: typ3116-97
Decided: 1998-02-11
Caption: Joseph Rene LaPointe, v. public employees' retirement system,
Judge: EDITH KLINGER,
Summary:
On December 19, 1996, the Board of Trustees (Board) of the Public Employees' Retirement System (PERS) denied the application of petitioner, Joseph Rene LaPointe, for pension credit for honorable service from October 1, 1994, through September 30, 1996, on the grounds that he entered a guilty plea to a charge of theft by deception, a fourth-degree crime, which began in January 1994 and did not end until July 1996. The Board found his crime to be one of moral turpitude and directly related to his employment. Consequently, he was deemed to have partially forfeited his service during the period in question. His contributions to the pension plan through the period of “dishonorable” service were returned to him. LaPointe requested a hearing and on March 3, 1997, the PERS transmitted the matter to the Office of Administrative Law (OAL) 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. The hearing was held on January 9, 1998, and the record closed on that date.

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Docket No.: typ3118-97
Decided: 1998-03-16
Caption: CAROL HUGLE, v. PUBLIC EMPLOYEES' RETIREMENT SYSTEM,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE At its meeting of November 20, 1996, the Board of Trustees of the Public Employees' Retirement System (PERS, the Board) denied petitioner's application for an accidental disability retirement allowance. The basis of the Board's decision was its determination that the incident which petitioner described as occurring on July 9, 1992, was not a “traumatic event” under the statute and court decisions.

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Docket No.: typ3166-97
Decided: 1998-02-11
Caption: A.J.H., v. state health benefits commission,
Judge: EDITH KLINGER,
Summary:
Petitioner, A.J.H., is employed as a principal clerk typist at Kean College. She is enrolled in the New Jersey State Health Benefits Program (SHBP), for which Blue Cross/Blue Shield of New Jersey (BCBSNJ) serves as the fiscal agent. A.J.H.'s surgeon, James C. Byrne, M.D., billed her $2,100 for surgery to remove a tumor from her foot on January 6, 1996. Blue Cross/Blue Shield determined that the amount billed exceeded the reasonable and customary (R & C) charges for the procedure and paid A.J.H. only a portion of the benefit to which she believed herself entitled under her health care plan. A.J.H. appealed the determination of BCBSNJ to the State Health Benefits Commission (SHBC) and, on March 3, 1997, the SHBC transmitted the matter to the Office of Administrative Law (OAL) 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. The hearing was held on January 13, 1998, and the record closed on January 28, 1998, after the final submissions were received from the parties. R & C is a term used in the SHBP's Traditional Plan (Plan) to limit the amount of benefits paid out in reimbursement of claims for medical services. The General Conditions of the Plan contain the following explanation of this limitation:

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Docket No.: typ3187-97
Decided: 1998-01-22
Caption: HELEN KASPER, v. BOARD OF TRUSTEES OF THE TEACHERS' PENSION AND ANNUITY FUND,
Judge: JEFF S. MASIN,
Summary:
Helen Kasper applied to the Board of Trustees (“Board”) of the Teachers' Pension and Annuity Fund (“TPAF”) for an accidental disability pension. The Board denied the application by letter dated December 11, 1996. Ms. Kasper requested a hearing and the Board transferred the matter as a contested case to the Office of Administrative Law (“OAL”) on March 3, 1997. A prehearing conference was held on October 6, 1997, and a prehearing order was issued on October 22, 1997. A hearing was held on December 9, 1997, at the OAL in Mercerville. The record closed at the conclusion of the hearing. The Board of Trustees' letter of December 11 concludes that Ms. Kasper is permanently and totally disabled from the duties of her position as an educational media specialist. Additionally, the Board determined that the incident of May 31, 1991, in which Ms. Kasper was assaulted, was a “traumatic event” and that her disability resulted directly from that event. However, the Board concluded that the traumatic event had not occurred “during and as a result of the performance of her regular and assigned duties,” a prerequisite for qualification for an accidental disability pension under N.J.S.A. 18A:66-39(c). Therefore, the Board concluded that she did not qualify for the pension and was only qualified for a Service retirement benefit.

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Docket No.: typ3570-97
Decided: 1998-04-03
Caption: STEPHEN H. THUM, v. POLICE AND FIREMEN'SRETIREMENT SYSTEM,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Stephen H. Thum, a former correction officer, appeals from the denial by respondent, the Board of Trustees of the Police and Firemen's Retirement System (the Board, PFRS) his application for a service retirement.

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Docket No.: typ3988-97
Decided: 1998-05-11
Caption: ANTHONY STEINER, v. PUBLIC EMPLOYEES' RETIREMENTSYSTEM,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter involves the appeal of petitioner, Anthony Steiner, from the determination of the Board of Trustees, Public Employees' Retirement System (the Board or PERS) denying petitioner's application for an accidental disability retirement allowance pursuant to N.J.S.A. 43:15A-43. The basis of the Board's decision was the determination that the incident which petitioner described as occurring on April 22, 1996 was not considered to be a “traumatic event” within the contemplation of the statute, N.J.S.A. 43:15A-43 and the New Jersey Supreme Court decisions, and that petitioner stipulated permanent and total disability was not the direct result of the incident described.

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Docket No.: typ4736-97
Decided: 1998-02-19
Caption: NANCY MUCCI FOR THE ESTATE OF JOSEPH A. MUCCI, II, v. BOARD OF TRUSTEES OF THETEACHERS' PENSION ANDANNUITY FUND,
Judge: BEATRICE S. TYLUTKI,
Summary:
This matter concerns the appeal of Nancy Mucci for the estate of Joseph A. Mucci, II, the petitioner, regarding the April 9, 1997 determination of the respondent, Board of Trustees of the Teachers' Pension and Annuity Fund (TPAF), which denied Ms. Mucci's request to change the effective retirement date of her deceased husband (J-4). The petitioner requested a hearing, and the matter was transmitted to the Office of Administrative Law on June 13, 1997, for a 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. I had a telephone prehearing conference with the parties on August 28, 1997, and I issued a prehearing order on September 3, 1997. The hearing took place on January 23, 1998, and the record closed on that date. FACTUAL FINDINGS

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Docket No.: typ4940-97
Decided: 1998-08-07
Caption: DEBRA MABE, v. STATE HEALTH BENEFITSCOMMISSION,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter concerns the appeal of Debra Mabe (hereinafter appellant) from the determination of the State Health Benefits Commission (hereinafter respondent) denying reimbursement for intravenous antibiotic therapy beyond 28 days for treatment of a condition diagnosed as Lyme disease. Respondent advised appellant of its determination by letter dated February 20, 1997. Appellant requested a hearing to contest the determination and on July 1, 1997, the matter was transmitted to the Office of Administrative Law for determination as a contested case, pursuant to N.J.S.A. 52:14F- 1 to -13.

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Docket No.: typ5643-96
Decided: 1998-04-21
Caption: BERTHA RAKOFF, v. BOARD OF TRUSTEES OF THE PUBLICEMPLOYEES' RETIREMENT SYSTEM,
Judge: STEPHEN G. WEISS,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This case was transmitted to the Office of Administrative Law (OAL) by the Board of Trustees, Public Employees' Retirement System in June 1996 at the request of the petitioner, Bertha Rakoff, who is challenging the Board's March 20, 1996 decision that she be required to reenroll in the PERS, effective October 1989, as the result of her reemployment by the City of Passaic and that all service retirement benefits paid to her from that time through November 30, 1995 (over $70,000) must be canceled and repaid by her. The Board's position is that since Rakoff's part-time reemployment in 1989 was to a position covered by N.J.S.A. 43:15A-65(b) and N.J.S.A. 43:15A-57.2, she was required to reenroll and, as a consequence, she should repay the pension benefits simultaneously paid to her during that six-year period of reemployment.

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Docket No.: typ5756-97
Decided: 1998-04-14
Caption: DELORES WATTS, v. TEACHERS' PENSION ANDANNUITY FUND,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY By letter dated April 8, 1997, the Board of Trustees of the Teacher's Pension and Annuity Fund (the Board, TPAF), denied the application of Delores Watts for an accidental disability retirement allowance. The Board concluded that the incident petitioner described as occurring on February 23, 1993 was not a “traumatic event” as detailed by N.J.S.A. 18A:66-39, and Supreme Court decisions. The Board further concluded that petitioner's stipulated permanent and total disability was not the “direct result” of the incident described. Petitioner appealed the Board's determination. This matter was transmitted to the Office of Administrative Law (OAL) on June 12, 1997, 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. A hearing was held on April 14, 1998, at which time the record closed.

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Docket No.: typ5757-97
Decided: 1998-06-08
Caption: ESSIE JOHNSON, v. TEACHERS' PENSION ANDANNUITY FUND,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This is an appeal by petitioner, Essie Johnson, from the determination of respondent, Board of Trustees of the Teachers' Pension and Annuity Fund (the Board, TPAF), at its meeting of May 1, 1997, which denied petitioner's request for an accidental disability retirement allowance. The Board concluded that four incidents that petitioner described as occurring between 1985 and 1996 were not “traumatic events” as detailed by statute and court decision and that petitioner's disability was not the “direct result” of the incidents that she described. The Board further determined that the incidents occurring in 1984, 1988 and 1989 did not meet the statutory provision of the five year filing requirement.

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Docket No.: typ6012-96
Decided: 1998-06-05
Caption: GARY W. HEDGE, v. BOARD OF TRUSTEES, POLICEAND FIREMEN'S RETIREMENTSYSTEM,
Judge: JOSEPH LAVERY,
Summary:
THE MOTION

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Docket No.: typ6883-97
Decided: 1998-07-30
Caption: BARBARA GENTRY-DAVIS, v. POLICE AND FIREMEN'SRETIREMENT SYSTEM,
Judge: BRUCE R. CAMPBELL,
Summary:
Barbara Gentry-Davis, petitioner, appeals a decision of the Police and Firemen's Retirement System Board, Board or respondent, dated March 18, 1991, that she is not totally and permanently disabled; an incident of March 1, 1990 was not a traumatic event, and that her disability is not the direct result of the incident in question. The matter was opened before the Board of the Police and Firemen's Retirement System and transmitted to the Office of Administrative Law for determination as a contested case pursuant to N.J.S.A. 52:14F-1 through -13. The matter was heard on May 18 and June 1, 1998. The parties filed posthearing papers and the record closed on June 17, 1998.

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Docket No.: typ7296-93
Decided: 1997-10-08
Caption: ELEANOR J. HESSLER, v. BOARD OF TRUSTEES OF THEPUBLIC EMPLOYEES'RETIREMENT SYSTEM,
Judge: JEFF S. MASIN,
Summary:
Eleanor J. Hessler was employed by the Willingboro Township Board of Education as a school van driver. She worked for the School Board from November 1, 1975, until she retired, effective April 1, 1992. On February 21, 1990, the van she was driving was struck by a vehicle which ran a red light. Fortunately, no students were in the van, and Ms. Hessler was able to drive the van after the accident, returning it to its garage area. However, she never worked for the Board thereafter. She applied to the respondent Board of Trustees (“Board”) on March 22, 1992, for an accidental disability pension pursuant to N.J.S.A. 43:15A-43. The Board advised her by letter dated June 21, 1993, that it had determined to deny her application because it found that she was not totally and permanently disabled from the performance of her regular and assigned duties as required by the statute. This decision was based upon a claim of orthopedic disabilities. Additionally, the Board determined that the accident of February 21, 1990, was not a “traumatic event” and that therefore she had not suffered the occurrence of a qualifying event as required by the statute. She requested that she be provided a hearing on the Board's determinations and the contested case was transferred to the Office of Administrative Law (“OAL”) on August 4, 1993. Subsequently, on April 22, 1994, after the petitioner had filed an amended application on November 17, 1993, for an accidental disability pension based upon an additional claim of psychiatric disabilities, the Board issued a letter in which it advised that it had determined that she was indeed totally and permanently disabled and that the incident of February 21, 1990, was in fact a traumatic event. It therefore granted her an ordinary disability pension. However, it asserted that she had not established that the accident was the direct cause of her disability and therefore continued to deny her eligibility for an accidental disability pension. Subsequent correspondence with the Board clarified the fact that its decision finding Ms. Hessler to be permanently and totally disabled was based upon her psychiatric claim. The contested case had been made inactive while Ms. Hessler pursued the amended application and a Workers' Compensation claim. The case was reactivated and brought to hearing on September 26, 1996, and continued on February 20 and July 8, 1997. In addition to the witnesses and documents presented in evidence at the hearings, the videotape and transcript of a de bene esse deposition of Dr. Robert Schwartzman taken on August 14, 1996, was also accepted in evidence. Following the last hearing date, counsel filed briefs and the record closed on September 17, 1997.

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Docket No.: typ7341-97
Decided: 1998-07-06
Caption: Felix Rosario, v. Public Employees' retirement system,
Judge: EDITH KLINGER,
Summary:
At its regular meeting of May 21, 1997, the Board of Trustees (Board) of the Public Employees' Retirement System (PERS) denied the application of petitioner, Felix Rosario, for accidental disability retirement benefits on the grounds that his application for benefits was not received within the time limit specified by N.J.S.A. 43:15A-43. On June 11, 1997, Rosario requested a hearing. On July 23, 1997, the PERS transmitted the matter to the Office of Administrative Law (OAL) 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. The hearing was held on June 29, 1998 and the record closed on that day.

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Docket No.: typ7342-97
Decided: 1998-07-07
Caption: ANTHONY McCANN, v. BOARD OF TRUSTEES OF THE PUBLICEMPLOYEES' RETIREMENT SYSTEM,
Judge: BEFORE: GERALD T. FOLEY JR.,
Summary:
t/a: On June 29, 1998 a hearing was held and concluded on an appeal by petitioner, Anthony McCann, from a decision of respondent, Board of Trustees of the Public Employees' Retirement System (PERS) dated June 18, 1997 which denied his application for an accidental disability retirement allowance. N.J.S.A. 43:15A-43. Respondent determined that petitioner was permanently and totally disabled from the performance of his regular and assigned duties and therefore granted him an ordinary disability retirement allowance. N.J.S.A. 43:15A-42. Respondent also determined that petitioner's disability was a direct result of an alleged traumatic event on March 22, 1993.

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Docket No.: typ7436-97
Decided: 1998-07-01
Caption: Larry Thornton, v. Police and Firemen'sretirement system,
Judge: EDITH KLINGER,
Summary:
On June 26, 1997, Thornton requested a hearing. On July 30, 1997, the PFRS transmitted the matter to the Office of Administrative Law (OAL) 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. The hearing was held on June 16, 1998 and the record closed on June 30, 1998, when the final submissions were received from the parties.

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Docket No.: typ7611-96
Decided: 1998-03-05
Caption: RONALD POST, v. PUBLIC EMPLOYEES'RETIREMENT SYSTEM,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE At its meeting of May 15, 1996, the Board of Trustees of the Public Employees' Retirement System (PERS, the Board), denied petitioner's application for an accidental disability retirement allowance. The basis of the Board's decision was its determination that the incident which petitioner described as occurring on March 24, 1994, was not a “traumatic event” as detailed by the statute and Court decisions. Furthermore, the Board determined that petitioner's alleged disability was not a direct result of the incident that he described. However, the Board did determine that petitioner was totally and permanently disabled from the performance of his regular and assigned duties.

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Docket No.: typ8111-96
Decided: 1998-09-08
Caption: MARCUS ADAMS, v. BOARD OF TRUSTEES, PUBLICEMPLOYEES' RETIREMENTSYSTEM,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of respondent's denial of petitioner's application to purchase time served in an intermittent title, pursuant to the Public Employees' Retirement System Act (Act), N.J.S.A. 43:15A-1 through -141, and regulations promulgated thereunder. Petitioner requested a hearing and the matter was transmitted to the Office of Administrative Law (OAL) as a contested case, pursuant to N.J.S.A. 52:14F-1 to -13. The matter was submitted upon stipulated facts and cross-motions for summary decision. The record closed on July 23, 1998, with receipt of the last reply brief. Petitioner began employment with the Department of Treasury, Division of Taxation, (Treasury) as an intermittent taxpayer service assistant (ITSA) on January 3, 1990, and he worked in that capacity until December 14, 1991. On that date he was provisionally appointed to the title of technical assistant III (TA3) in Treasury. His duties - fielding telephone inquiries from the public - were the same in both titles. On February 6, 1993, petitioner was permanently appointed as a TA3 and enrolled in the Public Employees' Retirement System (PERS). Petitioner then sought to purchase all of his time prior to permanent appointment. Respondent authorized the purchase of his provisional TA3 time from December 14, 1991, to February 6, 1993, but denied his request to purchase ITSA time from January 3, 1990, to December 14, 1991. This appeal followed.

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Docket No.: typ8168-97
Decided: 1998-05-08
Caption: HARRY PUTNAM, v. BOARD OF TRUSTEES,PUBLIC EMPLOYEES RETIREMENTSYSTEM,
Judge: ROBERT S. MILLER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Harry Putnam (“petitioner”) appeals from a decision of the Board of Trustees, Public Employees' Retirement System (“respondent” or “:Board of Trustees”) re-enrolling him in the Public Employees' Retirement System (“PERS”) effective November 1, 1996 and requiring him to repay all pension monies received by him during the period from November 1, 1996 through June 30, 1997.

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Docket No.: typ8496-97
Decided: 1998-06-11
Caption: KENNETH DRAKE, v. BOARD OF TRUSTEES, TEACHERS'PENSION AND ANNUITY FUND,
Judge: JOSEPH LAVERY,
Summary:
MOTION FOR SUMMARY JUDGMENT

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Docket No.: typ9130-96
Decided: 1998-03-31
Caption: ESTATE OF GEORGE TOMKO, v. PUBLIC EMPLOYEES' RETIREMENTSYSTEM,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Marian Tomko, widow of George Tomko, appeals the determination of the Board of Trustees of the Public Employees' Retirement System (the Board, PERS), denying her request to convert her husband's group life insurance policy into an individual policy. The alleged reason for the denial was that the decedent failed to exercise his conversion privileges of his group life insurance policy within 31 days after termination of his employment.

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Docket No.: typ9131-96
Decided: 1998-07-23
Caption: HELEN E.MALKIN, v. PUBLIC EMPLOYEES'RETIREMENT SYSTEM,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This is an appeal by petitioner, Helen E. Malkin, denying her application for an accidental disability retirement allowance. The Board of Trustees of the Public Employees' Retirement System (PERS, the Board) agreed that the incident of August 23, 1994 was a “traumatic event,” that petitioner was totally and permanently disabled from the performance of her regular or assigned duties and that petitioner's alleged disability was the direct result of the incident she described. However, the Board concluded that the incident did not occur as a result of the performance of petitioner's regular or assigned duties pursuant to N.J.S.A. 43:15A-43.

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Docket No.: eds8113-98
Decided: 1998-09-18
Caption: H.S., BY HER PARENTS,A.S. AND F.S.,s, v. CLINTON TOWNSHIPBOARD OF EDUCATION,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of petitioners' application for emergent relief, seeking a change of placement under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A. §§ 1401 to -1485, N.J.S.A. 18A:46-1 to -46 and corresponding regulations. The matter was transmitted to the Office of Administrative Law on September 9, 1998, pursuant to N.J.A.C. 1:6A-12.1, and a hearing was conducted on September 11 and 14, 1998. The last papers were received on September 16, 1998, after which the record closed. Most of the facts are undisputed. H.S. was born on December 12, 1982, and has Down syndrome; she is classified as trainable mentally retarded (TMR). H. has attended respondent's Round Valley Middle School (Round Valley), and was to enter eighth grade there for the 1998-99 school year. Mr. and Mrs. S. are seeking placement in the Union Township Public School System (Union), a neighboring K-8 district. Both districts feed into North Hunterdon Regional High School (North Hunterdon) and H. will likely rejoin her Round Valley classmates there next year.

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Docket No.: caf6248-98
Decided: 1998-09-24
Caption: ROMONA SMITH, v. BUREAU OF HOUSING AND COMMUNITYRESOURCES, DEPARTMENT OF COMMUNITYAFFAIRS,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner appeals from a determination by the Bureau of Housing and Community Resources (Bureau) to deny her application for eligibility under the Prevention of Homeless Act (N.J.S.A. 52:27D-280 to -287. and N.J.A.C. 5:41-1.1 to -3.1). The matter was transmitted to the Office of Administrative Law (OAL) 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. The hearing was held on August 26, 1998, at the Atlantic County Civil Courthouse, Atlantic City, New Jersey. The hearing record closed on August 26, 1998.

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Docket No.: cma10106-97
Decided: 1998-09-18
Caption: Ronald e. horvath, v. acura division of american honda motor co., inc.,
Judge: JOSEPH F. FIDLER,
Summary:
statement of the case This matter concerns a dispute under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to -49, and the implementing regulations of the Division of Consumer Affairs, n.j.a.c. 13:45A-26.1 to -26.15. Petitioner Ronald E. Horvath has alleged that his leased 1996 Acura 3.5 RL has defects or conditions which substantially impair its use and value. Specifically, petitioner claims the vehicle intermittently stalls out completely or partially. Petitioner further alleged that there were three or more repair attempts and the vehicle was out of service for 20 or more days for the same problems, and that the problems continue to exist. Respondent manufacturer denied that there is any substantial impairment to the use, value or safety of the vehicle.

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Docket No.: cma1777-98
Decided: 1998-09-11
Caption: CECILE E. COLE, v. MERCEDES BENZ OF NORTH AMERICA,
Judge: RICHARD McGILL,
Summary:
Cecile E. Cole (petitioner) seeks a refund pursuant to the Lemon Law, N.J.S.A. 56:12-29 to -49, from Mercedes Benz of North America (respondent) for a 1997 Mercedes Benz E320W. Respondent denies that petitioner is entitled to relief under the Lemon Law.

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Docket No.: cma6584-98
Decided: 1998-09-22
Caption: Barbara Kenney, v. Nissan motor corporation in Usa,
Judge: JOSEPH F. FIDLER,
Summary:
statement of the case This matter concerns a dispute under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to -49, and the implementing regulations of the Division of Consumer Affairs, n.j.a.c. 13:45A-26.1 to -26.15. Petitioner Barbara Kenney has alleged that her 1998 Nissan Altima GXE has defects or conditions which substantially impair its use, safety and market value. Specifically, petitioner claims the vehicle exhibits automatic transmission gear hunting, erratic shifting, and poor gas mileage. Petitioner further alleged that there were three or more repair attempts for the same problems, and that the problems continue to exist. Respondent manufacturer denied that there is any substantial impairment to the use, value or safety of the vehicle. Respondent's motion for dismissal at the end of petitioner's case in chief was granted for the reasons which follow.

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Docket No.: cma7102-98
Decided: 1998-09-21
Caption: SEGUNDO ROMERO, v. HYUNDAI MOTOR AMERICA,
Judge: SEBASTIAN GAETA,
Summary:
STATEMENT OF THE CASE

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Docket No.: crt2588-98
Decided: 1998-09-25
Caption: JEROME WEISS,Complainant, v. DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISIONOF STATE POLICE,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of charges filed by complainant with the Division on Civil Rights alleging handicap discrimination, in violation of the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42. The matter was transmitted to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. Respondent has filed a motion for summary decision, pursuant to N.J.A.C. 1:1-12.5(b), which complainant opposes. The last papers were received on September 10, 1998, after which the record closed. The question presented is whether respondent discriminated against complainant by categorizing him as disabled from February 10, 1986, until he was involuntarily retired.

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Docket No.: csv10687-97
Decided: 1998-09-24
Caption: JEFFREY WOLVERTON, v. DEPARTMENT OF HUMAN SERVICES,DIVISION OF YOUTH AND FAMILY SERVICES,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE Respondent Department of Human Services, Division of Youth and Family Services (DYFS or appointing authority) brings two disciplinary actions against appellant, a DYFS technical assistant. (1) The appointing authority alleges that appellant was absent from work for five or more successive business days without justification, notice and/or permission, for which, pursuant to N.J.A.C. 4A:2-6.2(b), he should be recorded as resigned not in good standing (RNGS). (2) The appointing authority also alleges that appellant failed to follow his supervisor's directions, that he was absent from an assigned work area without notice or permission, and that he falsified records and intentionally misstated material facts relative to attendance, and that these acts constitute neglect of duty, failure to comply with his supervisor's direction, and absence without notice or permission, for which he should be removed from his position. Appellant contends that he is the victim of harassment and denies that he is guilty of the charges.

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Docket No.: csv11258-97
Decided: 1998-09-24
Caption: JOHN DEBENEDICTIS, v. NORTHERN STATE PRISON,
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE Appellant is challenging the imposition of a 10-day suspension on charges of racial and/or sexual harassment, discrimination, and/or retaliation. The Department of Personnel transmitted the matter to the Office of Administrative Law (OAL) on November 20, 1997, for a hearing 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. It was scheduled for hearing on July 27, 1998; both sides requested an opportunity to submit written summations. The record closed on August 12, 1998.

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Docket No.: csv2291-98
Decided: 1998-09-24
Caption: JEFFREY PEYTON, v. VINELAND DEVELOPMENT CENTER,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter is the appeal of the removal of appellant (“Peyton”) from his position of Senior Food Handler at Vineland Development Center (“Vineland”) on charges of being absent from work as scheduled without permission, sixth infraction. The Preliminary Notice of Disciplinary Action dated May 14, 1997 alleges that on May 11, 1997 Peyton “failed to report [his] absence in a timely manner, rendering the absence unauthorized.” The appointing authority conducted a hearing on July 10, 1997 after which a Final Notice of Disciplinary Action was issued advising that the charges were sustained and that removal effective August 29, 1997 was the action to be taken. Timely notice of appeal being filed, the matter was transmitted to the Office of Administrative Law on March 10, 1998 for hearing 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. A settlement conference was held on May 19, 1998 before Administrative Law Judge John Futey but a satisfactory resolution could not be effected. A conference hearing was then scheduled for August 11, 1998. On that date the hearing was conducted at Atlantic City, New Jersey. Witnesses who testified and exhibits admitted into evidence are listed in the appendix.

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Docket No.: csv2681-98
Decided: 1998-10-07
Caption: GRACE MCARTHUR, v. ATLANTIC COUNTY,
Judge: ROBERT W. SCOTT,
Summary:
The appellant, Grace McArthur, a boiler operator with the respondent appeals her removal effective March 25, 1997. On May 8, 1997, the appellant received final notice of her removal and the appellant filed an appeal with the Department of Personnel. On April 3, 1998, the matter was transmitted to the Office of Administrative Law for determination as a contested case. A hearing was held on August 26, 1998, in the Atlantic County Courthouse, Atlantic City, New Jersey. On March 7, 1997, the appellant was working as a boiler operator in the Atlantic County Justice Complex. At approximately 9:15 in the evening, Director Cappuccio stopped at the complex to inspect some new lighting which had been installed. Upon arriving at the complex grounds, he noticed a non-County vehicle parked inside the facility. He knocked several times on the door to the power plant, but no one responded to his knock. He did not find this unusual because the office of the boiler room was some distance from the door. He went to the window of the office and by standing on a cart was able to look into the window of the office. When he looked into the window he observed the appellant sitting in a chair in a reclined position and she appeared to be asleep. Her shoes were off and a book was in her lap. An electric heater was on near the appellant's feet. Cappuccio knocked on the window several times, but was unable to get the attention of the appellant. According to Cappuccio, the distance between the window and the appellant, four to five feet, was such that the appellant should have heard him knocking on the window. Cappuccio then went to the control center of the Justice Complex and in the presence of a shift commander, Lt. Ransome, he called the extension in the boiler room and the phone rang five times before the appellant picked up the telephone. Cappuccio informed the appellant that he had observed her sleeping in the office. He also questioned her about the non-County vehicle parked inside the facility. The appellant denied that she was sleeping, claiming that she was reading instead. She also said that the vehicle parked inside the facility was her's. Cappuccio told the appellant to report to him eight o'clock the next morning after her shift was over. When the appellant did report to Cappuccio the next morning she denied that the vehicle parked in the restricted area was her car, but she did reiterate again that she was not sleeping while on duty, but that she was reading a book. She denied that her shoes were off and she acknowledged that she did not realize that the use of an electric fan was prohibited in the boiler room.

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Docket No.: csv2697-98
Decided: 1998-09-16
Caption: MARY WENTZ, v. CUMBERLAND COUNTY,
Judge: BRUCE R. CAMPBELL,
Summary:
Mary Wentz, appellant, appeals her removal, on charges, effective May 30, 1997, from her position as a Licensed Practical Nurse (LPN) employed by Cumberland County, respondent, at Cumberland Manor. The matter was filed before the Merit System Board and transmitted to the Office of Administrative Law for determination as a contested case, pursuant to N.J.S.A. 52:14F-1 through -13. The matter was heard on August 11, 1998, at the Office of Administrative Law, Trenton.

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Docket No.: eds4583-98
Decided: 1998-09-16
Caption: A. P., v. DENNIS TOWNSHIP BOARDOF EDUCATION,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, a classified pupil with hearing impairment, appeals from a determination by the Dennis Township Board of Education (Board) to deny his request for transportation reimbursement from Dennis Township to New York University (NYU) and return for the purpose of an adjustment to a cochlear implant. The matter is brought on behalf of petitioner, A.P., pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A. §1401 to 1461, New Jersey Statutes governing special education, N.J.S.A. 18A:46-1 to -46, and the corresponding Federal and State Regulations, 34 C.F.R.. § 300.01 to 338, and N.J.A.C. 6:28-1.1. to -11.13.

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Docket No.: eds4763-98
Decided: 1998-09-21
Caption: I.C., A MINOR CHILD BY HISPARENT, J.C., v. FLORENCE TOWNSHIP BOARDOF EDUCATION,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY By an affidavit dated June 12, 1998, received by the Offices of Special Education Programs of the New Jersey State Department of Education on June 16, 1998, J.C., the mother of I.C., requested emergency relief with the request that I.C. never be evaluated by the Florence Township Child Study Team (CST) for the reasons stated in the affidavit. The matter was transmitted to the Office of Administrative Law (OAL) on June 17, 1998, and in accordance with 20 U.S.C.A. §1415 and 34 C.F.R. §300.500 to 300.587, the Commissioner of the Department of Education requested that an Administrative Law Judge (ALJ) be assigned to conduct the hearing in this matter. The Director of the OAL assigned the undersigned to hear this matter pursuant to N.J.S.A. 52:14F-5o.

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Docket No.: eds6436-98
Decided: 1998-09-21
Caption: D.P., v. WASHINGTON TOWNSHIPBOARD OF EDUCATION,
Judge: BRUCE R. CAMPBELL,
Summary:
This matter arose under the Individuals with Disabilities Education Act, 20 U.S.C.A. §§1404 through 1484a and N.J.S.A. 18A:46-1 through -46. The matter was transmitted to the Office of Administrative Law (OAL) for determination by the Commissioner of Education, who requested that an administrative law judge be assigned to conduct a hearing. 20 U.S.C.A. §1415. This judge was assigned to the case. N.J.S.A. 52:14F-15(o). The matter came on for hearing on motion for emergent relief on August 3, 1998. The parents sought immediate development of an individualized education program (IEP) for D.P. that would require his full-time placement in a public school setting. After both parties were heard, the judge ruled from the bench denying the motion for emergent relief and ordering the matter to expedited hearing.

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Docket No.: eds6876-98
Decided: 1998-09-17
Caption: M.Y., A MINOR CHILD, BY HISPARENTS, J.Y. AND C.Y.,s, v. BRIDGEWATER-RARITANREGIONAL SCHOOL DISTRICT,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY In this matter, M.Y., through his parents, J.Y. and C.Y., filed a due process hearing request on August 18, 1998, seeking M.Y.'s return as a senior in high school. A mediation conference call was conducted on August 20, 1998, by the Division of Special Education of the Department of Education, and when efforts to resolve this matter were not successful, the matter was transmitted to the Office of Administrative Law (OAL) for hearing as contested case. The parties were offered an immediate hearing date which they declined. They agreed upon a hearing date of September 3, 1998.

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Docket No.: abc603-98
Decided: 1998-10-07
Caption: B.A.P., INC., v. BOROUGH OF MANVILLE,
Judge: BERNARD GOLDBERG,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, B.A.P., Inc., t/a Perhach's Tavern, seeks relief from the January 19, 1998, decision of the local issuing authority, Borough of Manville, suspending its plenary retail consumption license #1811-33-019-002 for forty-five days for allowing the consumption of alcoholic beverages by three individuals after the legal hour (Municipal Ordinance 697, February 26, 1990). A hearing was requested and the matter was transmitted to the Office of Administrative Law (OAL) for determination as a contested case, pursuant to N.J.S.A. 52:14F-1 to -13.

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Docket No.: eds8153-98
Decided: 1998-09-23
Caption: B.K., v. PALMYRA BOARD OF EDUCATION,
Judge: BARBARA A. HARNED
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY On September 3, 1998, M.K. and E.K., the parents of B.K., filed an application for emergent relief pursuant to N.J.A.C. 6A:14-2.7(g) and N.J.A.C. 1:6A-12.1 with the Division of Special Education. The matter was transmitted to the Office of Administrative Law (OAL) on September 10, 1998 for hearing pursuant to N.J.A.C. 1:6A-12.1(b). A hearing on the emergent application was held at the OAL on September 23, 1998. In their application, M.K. and E.K. are seeking an order requiring respondent Palmyra Board of Education (Board) to provide transportation to their son, B.K., by a bus company other than Safety Bus Company which currently holds the contract for providing such transportation. They are also seeking that six enumerated specifications be added to any contract to provide bus service (P-3). In addition, M.K. and E.K. faxed a letter to my office at approximately 1 p.m. on September 23, 1998 in which they sought additional relief in the form of reimbursement for the costs of transporting B.K. to school beginning on September 9, 1998 and payment for loss of wages for E.K. in the amount of $150, reflecting the cost of his using one vacation day to attend the hearing on September 23, 1998. There is no indication on this fax that a copy had been sent to the Board.

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Docket No.: edu11165-96
Decided: 1998-10-07
Caption: IN THE MATTER OF THE TENUREHEARING OF SAWSON LABIB, STATEOPERATED SCHOOL DISTRICT OF THECITY OF JERSEY CITY, HUDSON COUNTY,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE Respondent State Operated School District of the City of Jersey City (District) certified tenure charges against petitioner Sawson Labib (Labib), a teacher employed by the District. On August 16, 1996, the Board filed charges against Labib for excessive absenteeism, submitting that Labib's conduct warranted her dismissal from employment as a tenured teacher. N.J.S.A. 18A:6-10.

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Docket No.: esa4734-97
Decided: 1998-07-30
Caption: FRANCIS CISEK, v. DEPARTMENT OF ENVIRONMENTALPROTECTION, LAND USE REGULATIONPROGRAM,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE Francis Cisek (applicant) owns a lot in the Coastal Area Facility Review Act (CAFRA) “coastal area” and the lot is covered by mapped coastal wetlands, including Environmental Protection Agency (EPA) “priority wetlands.” N.J.S.A. 13:9A-1, -2, -3; N.J.S.A. 13:19-4; N.J.A.C. 7:7E-3.15(a), -3.27(a). The applicant wishes to construct a single-family home and bulkhead on the lot; he applied to the Department of Environmental Protection's (DEP's) Land Use Regulation Program (LURP, the Program) for permits for such development; and he claims that such permits should be granted. See N.J.S.A. 12:5-1 to -11; N.J.S.A. 13:9A-4; N.J.S.A. 13:9B-23(b); N.J.A.C. 7:7-1.1 et seq.

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Docket No.: hlt4585-97
Decided: 1998-10-06
Caption: BAYSHORE HEALTH CARECENTER, v. DEPARTMENT OF HEALTH ANDSENIOR SERVICES,
Judge: WALTER F. SULLIVAN,
Summary:
Bayshore Health Care Center (Bayshore) appeals an April 14, 1997, determination of the Department of Health and Senior Services that Bayshore was not eligible for reimbursement of certain costs it had incurred in connection with expansion of its extended-care facility in 1989. The Commissioner determined the matter to be a contested case and transmitted it to the Office of Administrative Law (OAL) for disposition pursuant to the Administrative Procedure Act. The parties cross-moved for summary decision and the record closed on September 8, 1998. On July 3, 1985, the Commissioner of Health approved Bayshore's Certificate of Need application for construction of an addition to its long-term-care facility. The total project cost excluded “interest on borrowing during construction, financing costs in any contingency amount.” Bayshore asserts without contradiction that financing the project through the New Jersey Health Care Facilities Financing Authority (HCFFA) was the least expensive financing, and I FIND that this is so. Bayshore secured a “letter of credit” on September 1, 1989, from Philadelphia's Fidelity Bank, allegedly “as a direct result of the requirements of the HCFFA,” a copy of the letter is attached. It is the treatment of the initial and annual costs of the letter of credit for the rate periods from 1990 through 1994 that is at issue in this matter.

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Docket No.: lid7931-97
Decided: 1998-10-02
Caption: RICHARD MARASHLIAN,T/A R. MARASHLIAN AND COMPANY, v. NEW JERSEY DEPARTMENT OF LABOR,
Judge: LINDA BAER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This is an appeal by the petitioner, R. Marashlian & Company (“Company”) from a determination by the respondent, New Jersey Department of Labor (“DOL”), which assessed liability against the company in the amount of $3,015.38 in contributions plus applicable interest which the DOL alleges should have been paid for the period January 1, 1989 through December 31, 1992. The alleged underpayment was as a result of a random audit covering the four year period from January 1, 1989 to December 31, 1992, pursuant to the Unemployment Compensation Law of New Jersey, N.J.S.A. 43:21-1 to -24.19 (the Act or UCL). The assessment was based upon DOL's assertion that individuals associated with the Company doing real estate appraisals for the company were employees under the Act. The Company asserts that no unemployment compensation was due or should be assessed for the individuals alleged to be employees as they were independent contractors under the Act.. After the May 1993 audit the Company requested that a redetermination auditor review the matter. The informal conference between the redetermination auditor and the Company was unsuccessful and the matter was transmitted to the Office of Administrative Law 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. The record in this matter closed on September 17, 1998. ISSUE

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Docket No.: trp3414-90
Decided: 1998-09-14
Caption: WES OUTDOOR ADVERTISING v. STATE OF NEW JERSEY DEPT. OF TRANSPORTATION,
Judge: JOHN R. FUTEY,
Summary:
STATEMENT OF THE CASE In this matter, respondent New Jersey Department of Transportation (DOT) has cited petitioner , Wes Outdoor Advertising (Wes) for violation of N.J.A.C. 16:41-8.3 (erection of a sign on State right of way) and revocation of Wes's Outdoor advertising permit. In addition, DOT seeks the imposition of the minimum penalty authorized by statute from December 21, 1989 until the sign is removed. The DOT contends that, as a result of a final judgment rendered by the Honorable William Huber, J.S.C., on March 20, 1998, in which Wes's sign in question was found to encroach into DOT's right of way, summary decision based upon the application of res judicata applies to the instant matter pending before the Office of Administrative Law.

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Docket No.: typ2256-98
Decided: 1998-09-23
Caption: PATRICIA COTTON, v. PUBLIC EMPLOYEES' RETIREMENT SYSTEM,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The petitioner's application for accidental disability retirement was denied and she requested a hearing. The matter was transmitted to the Office of Administrative Law (OAL) to be heard as a contested case pursuant to the Administrative Procedures Act N.J.S.A. 52:14B-1 to -15, and the act creating the OAL N.J.S.A. 52:14F-1 to -13.

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Docket No.: typ692-98
Decided: 1998-10-01
Caption: SAUL SILVERSTEIN, v. POLICE AND FIREMEN'SRETIREMENT SYSTEM,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of respondent's denial of petitioner's application for accidental disability retirement benefits pursuant to N.J.S.A. 43:16A-7. Petitioner requested a hearing and the matter was transmitted to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. A hearing was conducted on September 25, 1998, after which the record closed. The question presented is whether an incident of May 14, 1996, was a “traumatic event.”

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Docket No.: csv4688
Decided: 1998-10-14
Caption: PAUL DENNIS, v. NEW JERSEY DEPARTMENT OF CORRECTIONS, MOUNTAINVIEW YOUTH CORRECTIONAL FACILITY,
Judge: JEFF S. MASIN,
Summary:
Paul Dennis appeals to the Merit System Board (“Board”) from the determination of his employer, Mountainview Youth Correctional Facility, removing him from his position as a Corrections Sergeant, effective December 5, 1997, upon a finding that he had violated N.J.A.C. 4A:2-2.3(a)9, which allows discipline to be imposed upon civil servants for “other sufficient cause” than the specific series of charges also detailed in the items 1 thru 8 of that same regulation. More specifically, the appointing authority charges that Mr. Dennis engaged in improper personal conduct and falsification and intentional misstatement of material fact when he stated “No” in answer to a question on his employment application on July 2, 1981, to a question as to whether he had ever been convicted of a crime. In fact, as Mr. Dennis stipulates for purposes of this de novo appeal, he had actually been convicted upon his plea to a one count accusation charging him with possession of a controlled dangerous substance (“CDS”) with intent to distribute in the Berks County, Pennsylvania Court of Common Pleas, following his arrest in 1976. Mr. Dennis does not dispute that he did not answer the question correctly. However, he asserts that he did so out of a misunderstanding regarding the facts, as will be explained hereafter. The Board transferred the contested case to the Office of Administrative Law (“OAL”). A hearing was conducted on September 4, 1998, at the OAL in Mercerville. The record closed upon the completion of testimony and oral closing statements by counsel.

Docket No.: abc3675-98
Decided: 1998-10-20
Caption: LAS VEGAS, INC. d/b/a LAS VEGASLAS VEGAS BAR and RESTAURANT, v. GOVERNING BODY OF THE CITY OFUNION CITY,
Judge: BEFORE: JEFFREY A. GERSON,
Summary:
BACKGROUND On March 20, 1998, the Board of Commissioners (Board) of the City of Union City, by way of resolution, revoked the Plenary Retail Consumption license issued to the Las Vegas Bar and Restaurant t/a Las Vegas Inc. This resolution was adopted after a hearing on March 17, 1998 at which time the licensee was charged with violating several State and local alcoholic beverage rules and regulations.

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Docket No.: bos3002-97
Decided: 2001-06-11
Caption: IN THE MATTER OFCHRISTOPHER J. NEILL
Judge: ELINOR R. REINER,
Summary:
PROCEDURAL HISTORY On December 20, 1996, the Bureau of Securities (Bureau) in the Division of Consumer Affairs, Department of Law and Public Safety, filed an Administrative Complaint alleging that Christopher J. Neill, who had been registered with the Bureau as an agent, violated certain provisions of New Jersey's Uniform Securities Law, N.J.S.A. 49:3-47 to -76, on a number of occasions. Neill filed an answer denying certain of the allegations and requesting a hearing. On February 21, 1997, the Bureau transmitted this matter to the Office of Administrative Law 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. The matter was assigned to the undersigned judge in April 1997, and a telephone prehearing conference was held in June 1997. At that time, the issues were isolated, petitioner indicated that it would move for summary decision and hearing dates were established.

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Docket No.: caf11534-97
Decided: 1998-09-25
Caption: DEPARTMENT OF COMMUNITY AFFAIRS,DIVISION OF CODES AND STANDARDS,BUREAU OF CODE SERVICES, v. LOUIS LAURETI,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY On October 29, 1997, the Bureau of Code Services (“Bureau”) issued a Notice of Revocation and Order to Pay Penalty against Louis Laureti (“Laureti”) revoking Laureti's certification of Asbestos Safety Technician (“AST”) and assessing a $1,000 penalty for violation of N.J.A.C. 5:23-8.15(b)9 and N.J.A.C. 5:23-8.15(f)2 during an asbestos abatement project at Paterson, New Jersey.

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Docket No.: caf2818-98
Decided: 1998-10-15
Caption: RONALD AND JENNIFERDRESSEL, v. DEPARTMENT OF COMMUNITYAFFAIRS, BUREAU OF HOMEOWNERPROTECTION, NEW HOME WARRANTYPROGRAM,
Judge: BERNARD GOLDBERG,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioners appeal the decision of the Bureau of Homeowner Protection (Bureau) rejecting petitioner's low bid of $1,900 because it believes the bid excessive. Instead, the Bureau offers petitioners an allowance of $822 to remediate the three defects covered under the New Home Warranty Program. A hearing was requested and the matter was transmitted to the Office of Administrative Law (OAL) for determination as a contested case, pursuant to N.J.S.A. 52:14B-1 to -15.

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Docket No.: cma10735-97
Decided: 1998-10-06
Caption: JAMES T. CORN, v. CHEVROLET MOTOR DIVISION,
Judge: GERALD T. FOLEY, JR.,
Summary:
t/a: On June 2, 1998 and August 27, 1998, hearings were held on the application of petitioner for relief under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to -49. This matter was transmitted to the Office of Administrative Law on December 15, 1997. It was assigned to me as a Temporary Administrative Law Judge to be heard on May 29, 1998, after it had been adjourned on three occasions. The record was closed on October 1, 1998, upon the filing by counsel for petitioner of his Certification of Services for legal fees and disbursements. At the hearing, fifteen joint exhibits were admitted into evidence by consent. Additionally, it was stipulated that, on June 2, 1998, the first day of the hearing, the delivery date of the vehicle, a 1997 Chevrolet pick-up truck from Paramus Auto Mall, was November 30, 1996, and that the mileage on the vehicle as of the first day of the hearing was 30,642.6. Furthermore, it was stipulated that petitioner's GM credit card rebate is $2,226.28. It was also stipulated that petitioner's refund, should he be successful in proving entitlement to Lemon Law relief, was $29,205.48, plus options. It should be noted that the exact options and their cost were never determined, so that the stipulated refund is $29,205.48. Additionally, the mileage on the vehicle as of the second day of the hearing, August 27, 1998, was 30,662. It was also agreed that there were no repair attempts since January 1998, and that the mileage as of the date of the first repair attempt, January 27, 1997, was 1,609 miles.

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Docket No.: cma5238-98
Decided: 1998-10-20
Caption: DIANE STRICCHIOLA, v. NISSAN MOTOR CORPORATION,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner Diane Stricchiola on February 19, 1997, accepted delivery of a purchased 1997 Nissan Maxima from Sansone Plaza Nissan-Ford. On April 24, 1998, the New Jersey Division of Consumer Affairs, Lemon Law Unit, accepted petitioner's application for the New Jersey Lemon Law Dispute Resolution System, pursuant to N.J.S.A. 56:12-29 to -49. Petitioner seeks recovery of the full purchase price of the vehicle for an alleged nonconformity in regard to the vehicle pulling to the left. Respondent Chrysler Motor Corporation denies the allegations and seeks a dismissal of the complaint.

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Docket No.: cma5467-98
Decided: 1998-10-16
Caption: LISA MARIE TYNDELL, v. GENERAL MOTORS CORPORATION,
Judge: KEN R. SPRINGER,
Summary:
Statement of the Case This case arises under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to -49, and the implementing regulations of the Division of Consumer Affairs (“Division”), N.J.A.C. 13:45A-26.1 to -26.14. Petitioner Lisa Marie Tyndell (“Tyndell”) alleges in her application that her vehicle's automatic sliding door “won't work properly” and “makes loud banging noise[s].” At the conclusion of petitioner's proofs, respondent General Motors Corporation (“General Motors”) argued that the complaint should be dismissed on the ground of laches. Alternatively, General Motors contends that the uncontradicted evidence shows that the alleged defect no longer existed at the time of the hearing.

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Docket No.: cma7685-98
Decided: 1998-10-05
Caption: RANAE GEFROH, v. NISSAN MOTOR CORPORATION,
Judge: RICHARD McGILL,
Summary:
Ranae Gefroh (petitioner) seeks a refund pursuant to the Lemon Law, N.J.S.A. 56:12-29 to -49, from Nissan Motor Corporation (respondent) for a 1997 Nissan Pathfinder. Respondent denies that petitioner is entitled to relief under the Lemon Law. PROCEDURAL HISTORY

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Docket No.: cma7686-98
Decided: 1998-10-01
Caption: FADY FARAQ, v. PONTIAC-GMC DIVISION,
Judge: STEPHEN G. WEISS,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY In this Lemon Law matter, filed in June 1998, the petitioner, Fady Faraq, alleges that a Pontiac “Sunfire” manufactured by the respondent which he purchased from a dealer in East Brunswick, New Jersey in August 1997 suffers from a defect (rattling noise in dashboard area) which substantially impairs its value. No claim is made as to any impact on use or safety.

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Docket No.: cma7995-98
Decided: 1998-10-20
Caption: AVIVA NUBEL, v. DANIEL MOTORS, INC.,
Judge: RICHARD McGILL,
Summary:
Aviva Nubel (petitioner) filed a complaint pursuant to the Used Car Lemon Law, N.J.S.A. 56:8-67 to -80, seeking a refund from Daniel Motors, Inc. (respondent) for a 1991 Lincoln Continental. Respondent denies that petitioner is entitled to relief under the Used Car Lemon Law.

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Docket No.: cma8226-98
Decided: 1998-10-09
Caption: EMMA LEDOUX, v. LILLISTON CHRYSLER PLYMOUTH
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Emma Ledoux filed a Used Car Lemon Law complaint with the Division of Consumer Affairs Lemon Law Unit pursuant to N.J.S.A. 56:8-67 et seq. The matter was transmitted to the Office of Administrative Law (OAL) to be heard as a contested case pursuant to the Administrative Procedures Act N.J.S.A. 52:14B-1 to -15, and the act creating the OAL N.J.S.A. 52:14F-1 to -13.

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Docket No.: cma8495-98
Decided: 1998-10-29
Caption: HEIDI ANN MUTI, v. CHEVROLET MOTOR DIVISION,GENERAL MOTORS CORPORATION,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner seeks relief under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to -49 against respondent Chevrolet Motor Division, General Motors Corporation, for alleged defects in a 1997 Chevrolet, Cavalier, two-door coupe, purchased from Freehold Chevrolet-Geo, Inc., Route 9, Freehold, New Jersey, on September 5, 1996. In her Lemon Law Dispute Resolution Application petitioner alleges that respondent and its dealers failed to correct a defect on more than three occasions involving the vehicle's horn being inoperative on an intermittent basis, and petitioner alleges that this defect substantially impairs the use, value and safety of the vehicle. The respondent denies that the alleged defect presently exists and denies that petitioner's complaint is a nonconformity which substantially impairs the vehicle's use, value and safety.

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Docket No.: cma8498-98
Decided: 1998-10-13
Caption: DANIEL BLACK, v. KIA MOTORS OF AMERICA, INC.,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE petitioner (the consumer) purchased a new automobile, manufactured by respondent Kia Motors of America (the manufacturer). The consumer alleges that the vehicle suffers from nonconformities including a defective transmission and inoperable door lock and opening handle, and he alleges that these nonconformities substantially impair the use, value and/or safety of the vehicle. Pursuant to the “Lemon Law,” the consumer demands remedies including the refund of amounts paid relative to the vehicle. N.J.S.A. 56:12-29 to -49. The manufacturer denies that the consumer has proven his case.

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Docket No.: cma9056-98
Decided: 1998-10-15
Caption: JACQUELINE REILLY, v. CHRYSLER CORPORATION,
Judge: RICHARD McGILL,
Summary:
Jacqueline Reilly (petitioner) seeks a refund pursuant to the Lemon Law, N.J.S.A. 56:12-29 to -49, from Chrysler Corporation (respondent) for a 1997 Jeep Grand Cherokee. Respondent denies that petitioner is entitled to relief under the Lemon Law. PROCEDURAL HISTORY

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Docket No.: cma9415-98
Decided: 1998-10-21
Caption: KRISTINE D. DOWNEY, v. HYUNDAI MOTOR AMERICA,
Judge: STEPHEN G. WEISS,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter was transmitted to the Office of Administrative Law by the Division of Consumer Affairs, Lemon Law Unit, on October 8, 1998 at the request of the petitioner, Kristine D. Downey, who had filed a Lemon Law dispute resolution application in late August 1998 complaining that the respondent had failed despite several efforts to correct a problem with the brakes on her 1997 Hyundai Sonata - a defect that substantially impaired the use, safety and market value of the automobile.

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Docket No.: cma9466-98
Decided: 1998-10-23
Caption: KEVIN J. ADDESSO, v. FORD MOTOR COMPANY,
Judge: STEPHEN G. WEISS,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This “Lemon Law” matter was transmitted by the Division of Consumer Affairs, Lemon Law Unit, to the Office of Administrative Law on October 15, 1998 at the request of the petitioner, Kevin J. Addesso who had filed a Lemon Law dispute resolution application claiming that a water leak in his 1995 Ford Bronco had been the subject of several unsuccessful repair efforts and, as a result, the condition constituted a defect substantially impairing the use and value of the vehicle. A hearing was conducted by the undersigned administrative law judge on October 16, 1998 and the following constitutes my . TESTIMONY

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Docket No.: csv90-98
Decided: 1998-11-24
Caption: DAVID VASSIE, v. CITY OF MARGATE,
Judge: ROBERT W. SCOTT,
Summary:
The appellant, David Vassie, a fire fighter with the respondent, appeals a 60-day suspension issued to him on February 16, 1997. On February 18, 1997, the appellant filed an appeal with the Department of Personnel and on January 7, 1998, the matter was filed with the Office of Administrative Law for determination as a contested case. A hearing was held and the record was closed after the parties submitted posthearing briefs. The essential facts in this matter are not in dispute. The appellant has been a fire fighter for the respondent since January 1, 1986. Prior to this action, the appellant had no disciplinary record while working for the respondent. In October of 1996 the appellant was involved in an off-duty automobile accident and was charged with driving while intoxicated. The appellant's driver's license was suspended for six months starting on October 3, 1996. The appellant notified the respondent that his license had been suspended and that he could not drive any vehicles in performing his duties as a fireman for the respondent. On February 16, 1997, the respondent suspended the appellant from his position for 60 days because he did not have a valid driver's license, a requirement to be classified as a fire fighter with the Department of Personnel. The job description for a fire fighter from the Department of Personnel for municipal fire fighters states: “Appointees will be required to possess a driver's license valid in New Jersey only if the operation of a vehicle, rather than employee mobility, is necessary to perform the essential duties of the position.”

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Docket No.: csv1935-97
Decided: 1998-10-14
Caption: BEVERLY CODY, v. CITY OF BAYONNE,
Judge: IRENE JONES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Docket No.: csv2195-98
Decided: 1998-10-30
Caption: ROBERT COULTER, v. ANCORA PSYCHIATRIC HOSPITAL,
Judge: WALTER F. SULLIVAN,
Summary:
Robert Coulter appealed his termination on charges from Ancora Psychiatric Hospital. The Merit System Board characterized the matter as a contested case and transmitted it to the Office of Administrative Law for disposition pursuant to the Administrative Procedure Act. The hearing was held over two days in September and October 1998, and the parties were then given leave to submit supplemental material. The record closed on October 21, 1998. Coulter did not call any witnesses or submit any documents of his own, and the pertinent facts as presented by Ancora were uncontested.

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Docket No.: csv2200-98
Decided: 1998-10-20
Caption: DIANE MURPHY, v. DEPARTMENT OF LAW AND PUBLIC SAFETY,DIVISION OF CRIMINAL JUSTICE,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of respondent's decision to remove appellant from her position as a supervisor of legal secretarial services for conduct unbecoming a public employee, pursuant to the Civil Service Act, N.J.S.A. 11A:1-1 to -12.6, and N.J.A.C. 4A:2-2.3. Appellant requested a hearing and the matter was transmitted to the Office of Administrative Law 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. A hearing was conducted over the course of four days in August 1998, and the record closed on September 9, 1998, with receipt of post-hearing memoranda. The question presented is whether appellant compromised an ongoing investigation by intentionally disclosing confidential information to the subject of investigation.

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Docket No.: csv2787-97
Decided: 1998-10-21
Caption: THOMAS N. THERRELL, v. DEPARTMENT OF TREASURY,
Judge: BERNARD GOLDBERG,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant appeals his demotion from Auditor I Taxation to his permanent title of Auditor II Taxation following completion of an extended working test period as an Auditor I. The Division of Taxation (Division), Department of Treasury (Department) maintains that appellant's demotion resulted from his unsatisfactory performance during his nine-month working test period. The appeal was initiated timely on November 25, 1997 and the matter was transmitted to the Office of Administrative Law (OAL) by the Merit System Board on April 8, 1998, for determination as a contested case, pursuant to N.J.S.A. 52:14B-9.

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Docket No.: csv3055-97
Decided: 1998-10-15
Caption: ERNEST GRAHAM, v. NEWARK HOUSING AUTHORITY,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant Ernest Graham appeals his termination by respondent Newark Housing Authority (Authority) at the end of a working test period on July 1, 1996. Appellant filed a Notice of Appeal on July 8, 1996. The Merit System Board transmitted the matter to the Office of Administrative Law (OAL) on February 24, 1997, for a hearing 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.

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Docket No.: csv4288-98
Decided: 1998-10-15
Caption: LIZETTE PRILISZH, v. WOODBRIDGE TOWNSHIP,
Judge: WALTER F. SULLIVAN,
Summary:
Lizette Priliszh appealed the imposition of a major disciplinary sanction of seven days suspension arising out of a Preliminary Notice of Disciplinary Action, which charged her with conduct unbecoming a public employee and violation of Woodbridge Township policy on affirmative action. The affirmative action charges were dismissed; the conduct unbecoming a public employee was sustained. The incident that gave rise to the Preliminary Notice of Disciplinary Action occurred on October 22, 1997, I emphasize particularly that the incident reflected a direction that Ms. Priliszh and one Michele Dillard spent the day in one another's professional presence, with respect to Ms. Priliszh's training Ms. Dillard in the responsibilities of the supervisor of financial accounts. I FIND that the two women despised one another and support this conclusion by the testimony of each women as to the offense of the day.

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Docket No.: csv4694-98
Decided: 1998-11-13
Caption: IYANA BYRD, v. VINELAND DEVELOPMENTALCENTER,
Judge: ROBERT W. SCOTT,
Summary:
The appellant Iyana Byrd, a human services assistant with the respondent, appeals her removal which became effective on October 30, 1997. On that date, the petitioner received a Preliminary Notice of Disciplinary Action and she was removed from her position. A departmental hearing was held on January 22, 1998, and the appellant received a Final Notice of Disciplinary Action on February 11, 1998. The appellant filed a timely appeal of her removal to the Department of Personnel and on June 11, 1998, the matter was transmitted to the Office of Administrative Law for determination as a contested case. The matter was scheduled for hearing on September 2, 1998, but this hearing was adjourned at the request of the appellant. The matter was heard on October 21, 1998, in the Office of Administrative Law, Atlantic County Civil Courthouse, Atlantic City, New Jersey. In the Preliminary Notice of Disciplinary Action dated October 27, 1997, the appellant is charged with physical abuse of a client. It is specifically alleged that on October 18, 1997, after the appellant was hit in the stomach by client B.M., the appellant followed B.M. into a laundry room, where later B.M. was found bleeding from the nose. The appellant did not report that B.M. had injured herself.

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Docket No.: csv6091-98
Decided: 1998-11-10
Caption: RUBIN REESE, v. CITY OF VINELAND,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant appeals his removal effective September 10, 1977 on charges of insubordination, conduct unbecoming a public employee, chronic or excessive absenteeism or lateness, and negligent failure to comply with corrective actions. A departmental hearing of the charges was conducted on September 29, 1997 which resulted in a Final Notice of Disciplinary Action advising of appellant's removal from the position of Building Maintenance Worker. Timely appeal of the action of the appointing authority was filed with the merit System Board.

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Docket No.: csv6605-97
Decided: 1998-11-09
Caption: RUBEN MORALES, v. BOROUGH OF LAKEHURST,
Judge: BEATRICE S. TYLUTKI,
Summary:
This matter concerns the removal as of December 2, 1996, of the appellant, Ruben Morales, from his position as a public works repairer, Borough of Lakehurst (Lakehurst). This termination is based on the charge of inability to perform his duties. The appellant requested a hearing, and the matter was transmitted to the Office of Administrative Law on August 11, 1997, pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. The matter was scheduled for an early settlement conference on October 21, 1997, and December 2, 1997, and on both occasions was adjourned at the request of the appellant. The settlement conference took place on December 18, 1997, and since it was not settlement, the matter was scheduled for hearing on June 5, 1998. The matter was adjourned at the request of the appellant, and was reassigned to me. On June 26, 1998, I received a motion to dismiss the matter from Lakehurst. My office contacted Linda Cossey, the union representative for the appellant, and indicated that the appellant's response to the motion was due on July 15, 1998. The appellant did not file a response to the motion and I had a telephone conference with the parties on July 16, 1998, at which time we discussed a possible settlement of the matter. As part of the settlement negotiations, the parties agreed to review Lakehurst's records to determine whether the appellant was paid for all of his accrued sick and vacation days.

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Docket No.: csv8128-97
Decided: 1998-10-21
Caption: KEVIN BAYARD, v. CITY OF CAMDEN,
Judge: WALTER F. SULLIVAN,
Summary:
Kevin Bayard appealed a suspension for 30 days from his position as a motor broom operator. The Merit System Board characterized the matter as a contested case and transmitted it to the Office of Administrative Law for disposition pursuant to the Administrative Procedure Act. A hearing was held on October 6, 1998. The record closed on October 17, 1998. Bayard is, as noted, a motor broom operator. The job specification sets forth a variety of secondary duties, but the basic responsibility is to operate a vehicle which sweeps the streets.

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Docket No.: csv8288-97
Decided: 1998-10-13
Caption: CHARLES WARREN, v. department of healthand senior ser v. ces,
Judge: JOSEPH F. FIDLER,
Summary:
STATEMENT OF THE CASE Appellant Charles Warren, a program specialist-alcohol abuse activities, has appealed his layoff by respondent appointing authority, Department of Health and Senior Services, effective July 5, 1996. At issue is whether respondent acted in good faith; that is, did respondent act for reasons of economy, efficiency, or other legitimate reasons in laying off appellant? Respondent has moved for summary decision, pursuant to N.J.A.C. 1:1-12.5, contending that there are no genuine issues of material fact and that it is entitled to prevail as a matter of law. Appellant opposes the motion. procedural history The Department of Personnel determined that appellant filed a timely appeal and that he was entitled to a hearing solely on the question of whether the appointing authority's layoff action had been taken in good faith. On September 30, 1997, the matter was transmitted to the Office of Administrative Law for determination as a contested case, pursuant to n.j.s.a. 52:14F-1 to -13. On June 26, 1998, respondent filed its motion for summary decision in this matter, and the appellant's response in opposition was filed on July 29, 1998. On September 11, 1998, I determined that respondent had not submitted a reply brief and that the record on the motion should be closed.

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Docket No.: csv8588-97
Decided: 1998-10-09
Caption: ROBERT IMMORDINO, v. DEPARTMENT OF HUMANSERVICES,
Judge: BRUCE R. CAMPBELL,
Summary:
Robert Immordino, who then held the title Assistant Director, Fiscal, in the Department of Human Services, appeals a 15-day suspension on charges of conduct unbecoming a State employee. Specifically, it is alleged that Immordino during 1993-95 failed to take action to correct the chronic absenteeism of an immediate subordinate. It is also alleged that during the same period, he received substantial numbers of telephone calls at his State telephone numbers during normal business hours from individuals that involved matters unrelated to his State employment, but related to personal business interests. It is further alleged that persons visited the appellant at his State work location during normal business hours regarding personal business matters. It is also alleged that the appellant was instructed by superiors in 1994 and 1995 to cease all activities related to his outside business interests involving his State telephones, State work location and State time. It is alleged that, notwithstanding the instruction, the appellant engaged in activities unrelated to State employment, but related to personal business.

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Docket No.: csv8687-97
Decided: 1998-10-23
Caption: DINA PARKER-TODD, v. CITY OF ASBURY PARK,
Judge: STEVEN C. REBACK,
Summary:
This is a ruling issued from the bench on October 20, 1998, based upon a motion instituted by counsel for the City of Asbury Park, to dismiss the petitioner's complaint for failure to state a prima facie case. Essentially, this is an appeal by Ms. Todd from a layoff, effective May 5, 1995, when she was transferred from the title of Administrative Analyst to the position of Senior Clerk. The transfer is also accompanied by a change in the physical and bureaucratic position which she had occupied. I believe that the initial position of Administrative Analyst, she was occupying immediately before the layoff, was within the Department of Community Affairs and she was then transferred to the Bureau of Code Enforcement as a Senior Clerk.

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Docket No.: csv8849-96
Decided: 1998-10-16
Caption: SANDRA ELLIOTT, v. NEW JERSEY VETERANS MEMORIALHOMES AT VINELAND, DEPARTMENT OFMILITARY/VETERANS AFFAIRS,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE

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Docket No.: csv897-97
Decided: 1998-10-09
Caption: JOHN M. PRITCHARD, v. GLOUCESTER COUNTY,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant appeals his removal as a Building Service Worker by the County of Gloucester, effective May 26, 1996, on a charge of excessive absenteeism. Appellant requested a hearing on June 27, 1996, and the matter was transmitted to the Office of Administrative Law (OAL) on February 21, 1997, for hearing as a contested case. The matter was scheduled for a telephone settlement conference on June 16, 1997, but was adjourned at the request of county counsel because it was necessary for him to appear as a witness in a Superior Court matter. The settlement conference was rescheduled for August 13, 1997, and this was adjourned at the request of attorney for respondent due to his unavailability. The matter was rescheduled for settlement conference on September 17, 1997, and this was adjourned and rescheduled for September 25, 1997. A settlement conference was held on September 25, 1997, but was not successful. As a result, the matter was scheduled for hearing before the undersigned administrative law judge to be held on March 9, 1998. Prior to the hearing scheduled for March 9, 1998, appellant requested an adjournment because he needed more time to obtain his medical records. Attorney for respondent consented and the matter was adjourned and rescheduled for May 11, 1998.

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Docket No.: csv942-98
Decided: 1998-10-09
Caption: GLYNDELL CURRY, v. VINELAND DEVELOPMENTAL CENTER,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant, Glyndell Curry, appeals from an action by the Vineland Developmental Center (Vineland) to remove her from her classified position as a Residential Living Specialist (RLS) grounded upon the charge that appellant made a serious mistake due to carelessness which would result in danger and/or injury to persons or property.

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Docket No.: csv9621-96
Decided: 1998-10-06
Caption: ALLEN R. WADE, v. COUNTY OF BERGEN,
Judge: BEFORE: SEBASTIAN GAETA, JR.,
Summary:
Statement of the Case and Procedural History

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Docket No.: eds6755-98
Decided: 1998-09-28
Caption: L.B., v. MANTUA BOARD OF EDUCATION,
Judge: KATHRYN A. CLARK,
Summary:
STATEMENT OF THE CASE R.B and E.B., the parents of L.B., have petitioned for related services for their son, L.B., who is 7 years old and is a student in Mantua School District. Specifically, they contest the amount and the quality and intensity of the speech therapy L.B. now receives. Further, they request four, one-to-one, 45 minute sessions of speech therapy per week, and that this speech therapy be provided by a speech therapist with “vast knowledge of Autistic Spectrum Disorder and years of successful experience teaching autistic children.”

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Docket No.: eds7998-98
Decided: 1998-09-29
Caption: JERSEY CITY BOARD OFEDUCATION, v. T.B.,
Judge: ELINOR R. REINER,
Summary:
The petitioner in this case is the Jersey City Board of Education which seeks an order implementing special education for T.B. More particularly, petitioner seeks an order that T.B. is eligible for special education and related services and placement in a program for students whose primary needs are behavioral. Apparently, T.B.'s mother has refused to approve the proposed individual educational plan for T.B. which calls for the classification and placement in special education. T.B.s mother did not appear at the appointed time at the settlement conference scheduled by a mediator for the Division of Special Education. As a result, the Jersey City Board of Education withdrew its request for mediation and asked for a due process hearing to be conducted by an administrative law judge in accordance with 20 U.S.C.A. §1415 and 34 C.F.R. §300.500 et seq. (1986). The undersigned administrative law judge was thereafter assigned to conduct the hearing and on September 17, 1998, I convened the proceedings at approximately 11:15 at the Office of Administrative Law. Apparently, notice of the time, place and date of the hearing had been received by T.B.'s mother at the mediation conference held at the Office of Administrative Law on September 11, 1998. After waiting more than one hour and one quarter, and noting that no appearance was made by anyone on behalf of T.B., I proceeded to take testimony.

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Docket No.: eds8600-98
Decided: 1998-10-15
Caption: T. B., v. GALLOWAY TOWNSHIP BOARD OF EDUCATION,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter concerns the application for emergency relief filed by the petitioner, D.B. on behalf of her son, T.B., pursuant to the provisions of N.J.A.C. 1:6A-12.1 and in accordance with 20 U.S.C.A.§15 and 34 C.F.R. §301.500. The Commissioner of Education transmitted the matter to the Office of Administrative Law (OAL) on October 1, 1998, and requested that an Administrative Law Judge (ALJ) be assigned to conduct an emergency hearing. The Director and Chief ALJ made the assignment pursuant to N.J.S.A. 52:14F-1(O). The oral argument was made on October 14, 1998 and the record closed.

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Docket No.: eds8817-98
Decided: 1998-10-22
Caption: J. W., PARENT AND GUARDIAN,ON BEHALF OF D. W., A MINOR, v. BOARD OF EDUCATION OF THEREGIONAL SCHOOL DISTRICT OFBUENA, ATLANTIC COUNTY,
Judge: LILLARD E. LAW,
Summary:
J.W., the parent of D.W., a 15 year old pupil who has been classified as multiply handicapped and medically diagnosed from birth with Cornelia deLange Syndrome (CdLS), requests an emergency relief due process hearing concerning, among other things, D.W.'s placement in the Atlantic County Special Services School District (ACSSSD). This matter arises under the Individuals with Disabilities Education Act, 20 U.S.C.A. §§1400 to 1485 (IDEA or Act), the New Jersey State statutes covering the educational rights of children with disabilities, N.J.S.A. 18A:46-1 to -46, and the corresponding federal and state regulations, 34 C.F.R. §§300.1 to 300.396 and N.J.A.C. 6A:14-1.1 to 10.2. The matter was transmitted to the Office of Administrative Law (OAL) on October 15, 1998, for hearing on the application for emergent relief. The undersigned was assigned to hear and determine the matters in controversy. Oral argument was heard on October 21, 1998, at the Atlantic City OAL, Atlantic County Civil Courthouse, Atlantic City, New Jersey. The hearing record closed on October 21, 1998.

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Docket No.: edu6661-98
Decided: 1998-10-15
Caption: E.R., ON BEHALF OF MINOR CHILD,A.R., v. BOARD OF EDUCATION OF THE LOWERCAMDEN COUNTY REGIONAL HIGHSCHOOL DISTRICT NO. 1, CAMDENCOUNTY,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of a petition filed with the Department of Education seeking to reinstate A.R., a suspended student, pursuant to N.J.S.A. 18A:6-9. The matter was transmitted to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14F-1 through -13. A hearing was conducted on October 7, 1998, after which the record closed. Although the matter was not transmitted on an emergent basis, the merits suggest accelerated treatment. The facts are either stipulated or undisputed. A.R. was born on May 30, 1985. On February 26, 1998, as a seventh grader, he brought two unopened cans of beer to school. He flashed these for other students to see and school authorities were alerted. A.R. has never been in trouble before, is involved in his church, and is generally known as a person of good character. He underwent drug testing, which was negative. A.R. was reacting to family circumstances; his parents are divorced, and his father had become inattentive.

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Docket No.: edu6744-98
Decided: 1998-10-19
Caption: M.M. AND V.M. ON BEHALF OFTHEIR MINOR CHILD, R.M.,s, v. BOARD OF EDUCATION OF THETOWNSHIP OF HILLSBOROUGH,SOMERSET COUNTY,
Judge: BEATRICE S. TYLUTKI,
Summary:
This matter concerns the petition filed by the petitioners, M.M. and V.M., on behalf of their minor child, R.M., alleging that the refusal of the Board of Education of the Township of Hillsborough (Hillsborough Board) to grant a waiver of its policy, which imposes tuition charges on parents planning to move into the school district after sixty days (Policy 5111) is arbitrary, capricious and unreasonable. The Hillsborough Board denied the allegations, and the matter was transmitted to the Office of Administrative Law (OAL) on August 17, 1998, for a hearing pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -15. The Hillsborough Board filed an amended answer and counterclaim on September 10, 1998.

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Docket No.: edu951-98
Decided: 1998-10-09
Caption: CHARLES PURSELL ANDADELE PURSELL v. EAST AMWELL TOWNSHIPBOARD OF EDUCATION,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioners request the Commissioner of Education nullify the results of a special school election conducted on October 9, 1997 by respondent for approval of a $2,745,000 school bond proposal. Petitioners allege that information furnished with over 50 absentee ballots was “false, misleading and fraudulent” and had the absentee voters not received the “false, misleading and fraudulent” information, the outcome of the voting would have resulted in the rejection of the proposition instead of the 12 vote affirmative margin.

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Docket No.: ele9918-97
Decided: 1998-10-19
Caption: New Jersey election law enforcement commission, v. essex county democraticcommittee, INC. and MICHAEL C.CORTESE, organizational treasurer,
Judge: EDITH KLINGER,
Summary:
On July 31, 1997, the New Jersey Election Law Enforcement Commission (ELEC) served the respondents, Essex County Democratic committee, Inc. (Essex), a county political party committee, and Michael C. Cortese, organizational treasurer, with a Notice of Proposed Hearing and Complaint for Failure to File “48-Hour Notices” in violation of the New Jersey Campaign Contributions and Expenditures Reporting Act (Act), N.J.S.A. 19:44A-1 to -47 (L. 1973, c. 83, as amended through L. 1993, c. 65), and the regulations promulgated thereunder, N.J.A.C. 19:25-1 to -21. On September 19, 1997, respondents filed their Answer and Request for Hearing with the ELEC. On October 23, 1997, the ELEC transmitted the matter to the Office of Administrative Law (OAL) 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.

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Docket No.: hdd9566-95
Decided: 1998-10-16
Caption: B.D., v. DIVISION OF DEVELOPMENTAL DISABILITIES,
Judge: MARYLOUISE LUCCHI-McCLOUD,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner contests the decision of the Division of Developmental Disabilities (DDD) denying her application for services based upon their finding that there was no evidence of a developmental disability. N.J.S.A. 30:6D-25 and N.J.A.C. 10:46-1.3. A hearing was requested in the matter on May 9, 1995, and the matter was transmitted to the Office of Administrative Law (OAL) for determination as a contested case pursuant to N.J.S.A. 52:14B-1 to 15 and N.J.A.C.52:14F-1 to 13.

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Docket No.: mvh10718-96
Decided: 1998-10-15
Caption: DIVISION OF MOTOR VEHICLES, v. ALPHONSE R. ABALLO,
Judge: KATHRYN A. CLARK,
Summary:
This matter concerns the proposed suspension of the driving privileges of the respondent, Alphonse R. Aballo, for a total of 180 days, pursuant to N.J.S.A. 39:5-30, and N.J.A.C. 13:19-10.8, as a result of his driving during a period of suspension. STATEMENT OF THE CASE This proceeding arises under the statute, N.J.S.A. 39:5-30 and the implementing regulation, N.J.A.C. 13:19-10.8. Basically, the law requires the suspension of the driver's license of any person who operates a motor vehicle during a period of suspension.

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Docket No.: pol7923-97
Decided: 1998-09-25
Caption: JOHN J. COSGROVE, v. DIVISION OF STATE POLICE,PRIVATE DETECTIVE UNIT,
Judge: RICHARD McGILL,
Summary:
John J. Cosgrove (petitioner) requested a hearing in regard to the denial of his application for a private detective license by the Private Detective Unit of the Division of State Police (respondent). Respondent denied the application because it was not satisfied from its inquiries and investigations and from a review of the application that petitioner has demonstrated the necessary competence and trustworthiness in his actions. The two specific concerns are that petitioner has done nothing to settle two judgments that have been entered against him and that despite a history of mental problems including a diagnosis of paranoid schizophrenia, petitioner has failed to submit a current psychological or medical evaluation showing his current fitness to practice the business of a private detective. PROCEDURAL HISTORY

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Docket No.: rac757-97
Decided: 1998-10-02
Caption: NEW JERSEY RACINGCOMMISSION, v. ANTHONY DE FRANCESCO, III, SUSAN KERN,ALFRED FREITAS, JUDITH SWEENEY-AULISAAND ROBERT HOROWITZ,
Judge: BRUCE R. CAMPBELL,
Summary:
By letter dated January 28, 1997, the New Jersey Racing Commission (Commission) notified the above-named respondents that it was preferring six charges against them, singly or in combination and was asking the Office of Administrative Law (OAL) to conduct a hearing to determine whether the respondents were suitable for licensure or continued licensure and whether or not any penalties consistent with the Commission's rules and regulations should be imposed. The respondents requested hearing and the matter was transmitted to the Office of Administrative Law for determination as a contested case pursuant to N.J.S.A. 52:14F-1 through -13.

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Docket No.: trp10948-97
Decided: 1998-09-03
Caption: IN THE MATTER OF THE REVOCATION OF THE ACCESS OF BLOCK 1901, LOT #1, BOROUGH OFPARAMUS, PASSAIC COUNTY (PARKWAY17 ASSOCIATES)
Judge: ELINOR R. REINER,
Summary:
Statement of the Case and Procedural History This matter was transmitted by the Department of Transportation (“DOT”) to the Office of Administrative Law as a contested case on December 24, 1997 at the request of respondent, Parkway 17 Associates (“Parkway”) for a hearing challenging the DOT's proposal to revoke its existing access permit for a driveway onto its property from Route 17 Southbound pursuant to the provisions of the State Highway Access Management Act, N.J.S.A. 27:7-89 et seq. and the applicable agency regulations.

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Docket No.: typ8736-97
Decided: 1998-10-02
Caption: ROBERT MCMILLAN, v. BOARD OF TRUSTEES OF THEPOLICE AND FIREMEN'SRETIREMENT SYSTEM,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter concerns the appeal of Robert McMillan (hereinafter petitioner) from the determination of the Board of Trustees of the Police and Firemen's Retirement System (hereinafter respondent) denying his application for accidental disability retirement benefits. Respondent advised petitioner of its decision by letter dated September 17, 1997. By letter dated October 8, 1997, petitioner's attorney requested a hearing to contest the decision and on October 29, 1997, the matter was transmitted to the Office of Administrative Law for determination as a contested case, pursuant to N.J.S.A. 52:14F- 1 to -13.

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Docket No.: edu08524-98
Decided: 1998-11-24
Caption: BOARD OF EDUCATION OF THE DELAWARE VALLEY REGIONAL HIGH SCHOOL DISTRICT,HUNTERDON COUNTY, v. THOMAS JABOUR,
Judge: JEFF S. MASIN,
Summary:
The Delaware Valley Regional High School Board of Education (Board) filed a tenure charge with the Commissioner of Education (Commissioner) on September 2, 1998, in which it alleged that Thomas Jabour, a tenured teacher in the District, was incapacitated from performing the position for which he is tenured and therefore sought to remove his tenure, pursuant to N.J.S.A. 18A:6-10. The Commissioner transferred the case to the Office of Administrative Law pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. Mr. Jabour has filed a separate petition with the Commissioner,

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Docket No.: bki3819-94
Decided: 1998-11-09
Caption: NEW JERSEY DEPARTMENTOF BANKING, v. EDWARD CASEY d/b/a TRI-STATEMORTGAGE CAPITAL,
Judge: ELINOR R. REINER,
Summary:
PROCEDURAL HISTORY Edward Casey was an individual licensed to operate a mortgage banking business as a sole proprietor under the trade name of Tri-State Mortgage Capital (ÒTri-StateÓ). In August 1993 Casey executed an agreement with Victoria Garcia, president of Harrington Mortgage Company, Inc., an unlicensed mortgage banking business, providing that:

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Docket No.: caf664-98
Decided: 1998-11-05
Caption: BUREAU OF HOUSING INSPECTION, v. 42 OBERT STREET, SOUTH RIVER/KEITH MAYER,
Judge: WALTER F. SULLIVAN,
Summary:
Keith Mayer challenged Bureau of Housing Inspection orders to abate violations and pay a penalty regarding the apartment building he owns at 42 Obert Street, South River, New Jersey. The Commissioner of the Department of Community Affairs characterized the matter as a contested case and transmitted it to the Office of Administrative Law for disposition pursuant to the Administrative Procedure Act. A hearing was held on September 30, 1998, and the record closed on that date. In February 1994 Department inspector John Maiuro inspected the premises of 42 Obert Street and found many violations of the Hotel and Multiple Dwelling Law and the regulations promulgated thereunder. The building was reinspected several times over the next few years. Department inspector Terence Luckie testified that he conducted a reinspection on August 27, 1997, and noted many continuing violations. On December 15, 1997, Bureau representative Bernard Gordon signed a Certification in Lieu of Affidavit of Posting giving notice of continuing unabated violations and ordering abatement of violations and payment of a penalty.

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Docket No.: caf745-98
Decided: 1998-11-05
Caption: BUREAU OF HOUSING INSPECTION, v. 356 WEST NICHOLSON ROAD, AUDUBON,NEW JERSEY/KEVIN J. BEGLEY,
Judge: WALTER F. SULLIVAN,
Summary:
Kevin Begley challenged Bureau of Housing Inspection orders to abate violations and pay a penalty regarding the apartment building he owns at 356 West Nicholson Road, Audubon, New Jersey. The Commissioner of the Department of Community Affairs characterized the matter as a contested case and transmitted it to the Office of Administrative Law for disposition pursuant to the Administrative Procedure Act. A hearing was held on August 27, 1998, and the record closed on October 7, 1998. The Bureau seeks to impose a penalty of $5,000 for continuing violations of the Hotel and Multiple Dwelling Law and the regulations promulgated thereunder in the building at 356 West Nicholson Road. Begley does not dispute the existence of the violations, but he does dispute the seriousness of the violations and believes the penalty to be excessive.

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Docket No.: cma9492-98
Decided: 1998-10-26
Caption: KAREN ROSEMAN, v. MAZDA NORTH AMERICAN OPERATION,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Karen Roseman, on October 11, 1997, took delivery of a leased 1998 Mazda Millenia, vehicle identification number (VIN) JMITA2212W1400561, from Essex Sports Car, 2191 Millburn Avenue, Maplewood, New Jersey. On August 9, 1998, the New Jersey Division of Consumer Affairs (Division), Lemon Law Unit, accepted petitioner's application for the New Jersey Lemon Law Dispute Resolution System, pursuant to N.J.S.A. 56:12-29 to 12-49. Petitioner seeks a total refund in the amount of $7,125 because she alleged that her vision was obstructed because of the design of the vehicle. Respondent, Mazda North American Operations, seeks to dismiss the complaint based upon its affirmative defense that petitioner's complaint does not fall under the Lemon Law.

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Docket No.: cma9556-98
Decided: 1998-10-29
Caption: JOSEPH PICATELLO, v. HYUNDAI MOTOR AMERICA,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Joseph Picatello, on July 19, 1997, took delivery of a 1997 Hyundai Accent, Vehicle Identification No. KMHVF14N1TU288488, from Towne Hyundai, Denville, New Jersey. On September 4, 1998, the New Jersey Division of Consumer Affairs (Division), Lemon Law Unit, accepted petitioner's application for the New Jersey Lemon Law Dispute Resolution System, pursuant to N.J.S.A. 56:12-29 to 12-49. Petitioner seeks a total refund in the amount of $12,248.40 because he alleged that he felt that a faulty window on the driver's side of the car substantially impaired the use, value or safety of the vehicle. Respondent, Hyundai Motor America, seeks to dismiss the complaint based upon its affirmative defense that petitioner's complaint has been fixed.

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Docket No.: csv03583-98
Decided: 1998-11-06
Caption: THOMAS HASCUP, v. COUNTY OF PASSAIC,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant, Thomas Hascup, a correction officer employed by the Passaic County Sheriff's Department, was charged by his employer with making “several racially incendiary remarks during a shift change at the Passaic County Jail” constituting conduct unbecoming a public employee in violation of N.J.A.C. 4A:2-2.3(a)(6). In December 1997, appellant appealed his suspension. This matter was transmitted by the Merit System Board to the Office of Administrative Law (OAL) on April 15, 1998 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. Appellant has made a motion for summary decision pursuant to N.J.A.C. 1:12.5(b). Legal memoranda and reply memoranda were submitted to the ALJ. The ALJ closed the record on October 10, 1998 after receiving the last piece of correspondence, dated October 7, 1998 from Joseph Licata, Esq. for appellant.

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Docket No.: csv2287-98
Decided: 1998-10-30
Caption: LAWRENCE T. COPLING, v. RIVERFRONT STATE PRISON,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter concerns the appeal of Lawrence T. Copling (hereinafter appellant) from the determination of the Riverfront State Prison (hereinafter respondent) suspending him from his position Senior Correction Officer for 15 days on charges. By Preliminary Notice of Disciplinary Action, dated April 23, 1997, respondent notified appellant of the following charges and specifications:

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Docket No.: csv2738-97
Decided: 1998-11-16
Caption: MICHAEL CALDWELL, v. DEPARTMENT OF ADULT CORRECTIONS,MIDDLESEX COUNTY,
Judge: ANTHONY T. BRUNO,
Summary:
:

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Docket No.: csv3047-97
Decided: 1998-11-04
Caption: SELVIN WHITE, v. CITY OF NEWARK,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE Appellant Selvin White (White) appeals his removal as a garage attendant at the Department of Water and Sewer Utilities for the City of Newark on July 15, 1996 on charges of neglect of duty and failure to perform duties. Respondent City of Newark (Newark) served appellant with a Preliminary Notice of Disciplinary Action on June 10, 1996 and a Final Notice of Disciplinary Action on July 15, 1996.

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Docket No.: csv3062-98
Decided: 1998-11-04
Caption: EVERTON BRYAN, v. NORTH JERSEY DEVELOPMENTAL CENTER,
Judge: THOMAS R. VENA,
Summary:
STATEMENT OF THE CASE Respondent, Department of Human Services, (Appointing Authority) alleges that Appellant, Everton Bryan, a Human Services Assistant (HSA) assigned to the Appointing Authority's North Jersey Developmental Center (NJDC), inflicted, or allowed to be inflicted, welts upon a disabled resident, R.F., at NJDC. On this basis, the Appointing Authority claims that the Appellant must be removed from his public employment, N.J.A.C. 4A:2-2.2(a)1 and N.J.A.C. 4A:2-2.3(a)11. The Appellant denies the allegation.

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Docket No.: csv4517-97
Decided: 1998-10-01
Caption: HOLLIS BRUCE, JR., v. BAYSIDE STATE PRISON,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Hollis A. Bruce, Jr., Senior Correction Officer (SCO) appeals from a determination by respondent Bayside State Prison (Bayside) to remove him from his classified position. The respondent alleges that appellant verbally and sexually harassed SCO Susan Hoffman on divers occasions, among other things.

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Docket No.: csv6179-98
Decided: 1998-11-10
Caption: ANDRES VIVES RIVERA, v. WOODBINE DEVELOPMENTAL CENTER,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The appellant was terminated from his position as a Residential Services Worker effective January 22, 1998, on the grounds that he made an “intentional mis-statement of material fact in connection with an employment application.” The specification was that: “on your employment application, you falsely indicated that you had not been convicted of a crime. In fact, you had been convicted of a crime in 1984.”

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Docket No.: csv9498-96
Decided: 1998-10-27
Caption: GEORGE SYDLAR, v. JERSEY CITY POLICEDEPARTMENT,
Judge: BEFORE: KEN R. SPRINGER,
Summary:
Statement of the Case This is an appeal by a municipal police officer from a thirty-day suspension imposed for his refusal to obey an order of a superior officer. Basically, the outcome turns on determinations of credibility and, in particular, whether appellant's unwillingness to complete his training as a dispatch operator was justified by the circumstances. Appellant raises three separate defenses: First, he urges that the charge must be dismissed because of the appointing authority's failure to commence the hearing within thirty days from the service of the complaint as required by N.J.S.A. 40A:14-149. Second, he contends that the charge was brought in retaliation for his having discovered illegal activity by high-ranking officers of the department. Third, he claims that he had a valid medical reason for postponing compliance with his superior's order to take a test of his skills as a dispatch operator.

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Docket No.: csv9623-97
Decided: 1998-10-27
Caption: ADRIAN KLIGE, v. CITY OF PLAINFIELD,
Judge: BEFORE: STEPHEN G. WEISS,
Summary:
PROCEDURAL HISTORY This matter was transmitted by the Department of Personnel to the Office of Administrative Law on October 8, 1997 following the issuance of a Merit System Board decision on September 9, 1997, which determined that a fact-finding hearing was required pursuant to N.J.A.C. 4A:8-1.1(d) to resolve a dispute concerning the results of a “makeup” promotional examination held on November 12, 1996 for Police Sergeant. At issue is whether petitioner Klige had prior knowledge of much of the content of the “makeup” since some of his Plainfield Police Department colleagues alleged he had attended study group debriefings after September 12, 1996 the date of the original promotional examination from which Klige had been excused for medical reasons. Those officers maintained that actual test questions from the examination had been discussed in Klige's presence at these post-examination group sessions. Klige, adamantly denies either having had access to the questions, or having heard them “dissected” at the post-September 12, 1996 reviews he attended.

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Docket No.: eds6489-98
Decided: 1998-11-19
Caption: E.C., v. TOMS RIVER BOARD OF EDUCATION,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE This is an appeal by petitioner, E.C., through her mother, Mrs. E.C., requesting a change in (a) program and (b) placement. Mrs. E.C. is asking that her daughter's IEP be amended, and that she be placed outside the Toms River district, preferably in Woodcliff Academy.

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Docket No.: eds8695-98
Decided: 1998-11-24
Caption: B.K., v. PALMYRA BOARD OF EDUCATION,
Judge: BEATRICE S. TYLUTKI,
Summary:
E.K. and M.K., on behalf of their son, B.K., the petitioner, are asking for alternative transportation for their son to and from the Archbishop Damiano School. They do not want this transportation to be supplied by the current supplier, Safety Bus Company. The respondent, the Palmyra Board of Education (Palmyra), represents that Safety Bus Company is presently under contract to provide B.K.'s transportation, and the petitioner is not entitled to the relief requested. The matter was transmitted to the Office of Administrative Law (OAL) as a contested case on October 7, 1998. The Commissioner of Education requested that an administrative law judge be assigned to conduct the hearing. 20 U.S.C.A. §1415 and 34 C.F.R. §300.500 et seq. I was assigned to the case. N.J.S.A. 52:14F-15(o). The hearing was held on October 15, 1998, and the record in the matter closed on that date.

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Docket No.: edu04017-98
Decided: 1998-11-05
Caption: BOARD OF EDUCATION OF THE CITY OF TRENTON, MERCER COUNTY, v. EUGENE M. LEGGETT,
Judge: JEFF S. MASIN,
Summary:
The Trenton Board of Education certified tenure charges to the Commissioner of Education, charging that Eugene Leggett, a tenured physical education teacher employed in the district, had acted in a manner unbecoming a teacher and thus in violation of the standards applicable to a tenured employee. The specific charges arose from two incidents which occurred while Leggett was conducting swimming classes at the Holland Middle School. In the first incident which came to the Board's attention, on February 10, 1998, an 11-year-old student named R.D. nearly drowned in the deep end of the pool. (He has since recovered and is now in school.) In the second, which chronologically proceeded the D. incident, but was not known to the Board until after the D. matter, the Board charges that sometime in late September or early October 1997, a student named K.C., then also 11 years old, suffered a cramp while taking a swimming test and had to be assisted from the water. In each case, the Board charges that Mr. Leggett acted in an unbecoming manner in responding to these incidents, and used improper techniques to effectuate the rescue of the students. In the D. incident, the Board argues that Leggett also breached his duties by failing to properly supervise the students, this resulting in the unfortunate incident involving Mr. D. The Board's charges were certified to the Commissioner on March 31, 1998. A prehearing conference was held by this judge on June 30, 1998, and a prehearing order was issued on July 8, 1998. As is documented in an Interlocutory Order dated October 9, 1998, the Board failed to supply expert reports by the deadline of September 1, 1998, and failed to either seek an extension to do so or otherwise to advise counsel for the teacher that it would be late with its expert's report. Upon receipt of an expert report (supplied without a curriculum vitae) on October 2, 1998, counsel for Mr. Leggett moved to exclude the report. After considering the arguments of counsel for the Board, the Interlocutory Order was issued on October 9, excluding the testimony and expert report of the Board's expert. The Commissioner of Education affirmed this ruling on interlocutory appeal, by letter ruling dated October 23, 1998. The hearing commenced on October 26 and continued on October 28.

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Docket No.: edu1665-97
Decided: 1998-11-12
Caption: IN THE MATTER OF THE TENUREHEARING OF JOHN CERUTTI
Judge: BEFORE: KEN R. SPRINGER,
Summary:
Statement of the Case This is a tenure proceeding under N.J.S.A. 18A:60-1 to -60-2. Tenured teachers and other certified persons employed by the Department of Human Services hold employment “during good behavior and efficiency.” Petitioner New Jersey Commission for the Blind and Visually Impaired (“Commission”), an agency within the Department of Human Services, has brought charges of unbecoming conduct against one of its tenured employees, respondent John Cerutti (“Cerutti). Specifically, the charges allege that Cerutti “had sexual relations with [his] client” while he was supposed to be providing instruction to her, that he “falsified work records including client itineraries, time sheets, and travel vouchers” in an attempt to conceal his wrongful use of state time, and that he “threatened and intimidated [the] client when she brought to his attention that she was pregnant.” Although Cerutti admits that he engaged in a romantic relationship between consenting adults, he denies that the encounter occurred while she was still his active client, that he falsified work records or threatened and intimidated her. Both parties agree that, as expressed by respondent's attorney, the central issue “is one of credibility.” Inevitably, the outcome turns on whether one believes Cerutti or his accuser. If the charges are sustained, the Commissioner of Education must also assess the appropriate penalty.

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Docket No.: edu2644-98
Decided: 1998-11-16
Caption: W.H. ON BEHALF OF MINORCHILD, M.H., v. BOARD OF EDUCATION OF THEBOROUGH OF NEPTUNE CITY,MONMOUTH COUNTY,
Judge: SOLOMON A. METZGER,
Summary:
Petitioner seeks to overturn a decision by the Board of Education of the Borough of Neptune City (Board) that he and his son M.H. were not domiciled in Neptune City during the 1997/98 school year. The matter was transmitted to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14F-1 through -13. A hearing was conducted on October 13 and 15, 1998, after which the record closed. The facts are essentially undisputed. M.H. attended eighth grade during the 1997/98 school year in the Wilson School in the Neptune City School District. The Board determined that neither he nor his father resided in the district during that school year, and it seeks tuition reimbursement in the amount of $5,897. W.H. did not testify. He argued, nevertheless, that in September 1997 he rented an apartment at 60 West Wall Street in Neptune City and was domiciled there. The only witness W.H. presented, Ms. Mary Bovie, testified that W.H. was involved in an automobile accident in September 1997 and that thereafter he and his son lived continuously with her and her family in Neptune Township. She estimated that W.H. slept under her roof about 70 percent of the time and that M.H. lived with her all of the time.

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Docket No.: edu8612-97
Decided: 1998-11-09
Caption: IN THE MATTER OF THE TENUREHEARING OF KENNETH MILLER,BOARD OF EDUCATION OF THEBOROUGH OF BOUND BROOK,SOMERSET COUNTY
Judge: BEATRICE S. TYLUTKI,
Summary:
The Bound Brook Board of Education, Somerset County, (Board) certified to the Commissioner of Education (Commissioner) a tenure charge of unbecoming conduct against the respondent, Kenneth Miller, a physical education teacher. The charge is based on twelve specifications, each specification dealing with an incident that occurred between 1987 and 1996. The respondent denies the allegation of unbecoming conduct. The matter was transferred to the Office of Administrative Law (OAL) as a contested case on October 17, 1997, pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. A prehearing conference took place on January 5, 1998, and I issued a prehearing order on January 6, 1998. The six-day hearing took place on April 13, 14, 15, 28 and 29 and May 1, 1998. After receipt of briefs from the parties, the record in this matter closed on August 11, 1998. At my request, the date for submitting my was extended until November 9, 1998.

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Docket No.: hma2659-98
Decided: 1998-11-18
Caption: EUGENE AXELRAD, v. DMAHS & MERCER COUNTYBOARD OF SOCIAL SERVICES,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter is petitioner's appeal of respondent's denial of certain pharmacy claims for pharmaceuticals dispensed between September 23, 1992 and June 24, 1994. The claims were originally paid, later voided by respondent on April 9, 1997. However, petitioner had sold his business in the interim and had to reimburse his purchaser the amount of the recapture

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Docket No.: csv4485-97_2
Decided: 1998-10-26
Caption: EMPLOYEES OF THE DEPARTMENTOF ENVIRONMENTAL PROTECTION, v. DEPARTMENT OF ENVIRONMENTALPROTECTION,
Judge: M. KATHLEEN DUNCAN,
Summary:
An concerning the appeal of 134 employees of the Department of Environmental Protection (hereinafter sometimes DEP) from their layoffs/demotions effective July 8, 1995, for reasons of economy, was issued by the undersigned on July 11, 1996. On April 10, 1997, the Merit System Board issued their decision remanding the matter to the Office of Administrative Law for the sole purpose of permitting Steven P. Weissman, Esquire, then attorney of record for all 134 appellants, to file a motion to be relieved as counsel. Although the decision of the Merit System Board states that it was issued April 10, 1997, the file was not transmitted to the Office of Administrative Law until June 2, 1997. A supplemental prehearing conference was conducted by the undersigned on July 23, 1997, at which time a schedule was established for submission and decision of Mr. Weissman's motion to be relieved as counsel. The arrangements were confirmed by letter dated July 24, 1997 to both counsel as follows: This will confirm, pursuant to our telephone conference call on July 23, 1997, that on or before September 5, 1997 Mr. Weissman will file a motion to be relieved as counsel, with proof of service upon each individual appellant covered by a CWA contract. The notice of motion will advise that any response to the motion must be filed no later than 5 p.m. on September 22, 1997 and that oral argument on the motion will take place at 10 a.m. on Monday, November 3, 1997 at the Trenton office of the Office of Administrative Law, 9 Quakerbridge Plaza, Mercerville, New Jersey. The notice of motion should also state that any individuals who have filed “bad faith” claims related to issues other than workweek change and who intend to proceed with their claims, either pro se or represented by other counsel, should be present on November 3, 1997 at 10 a.m. for an in-person prehearing conference. If there are any individual appellants who are not covered by CWA contracts, Mr. Weissman should provide to me a list of those names no later than September 5, 1997, and I will have the OAL clerk add those names to the service list for the in-person prehearing conference scheduled for November 3, 1997.

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Docket No.: caf3464-98_1
Decided: 1998-12-15
Caption: BHI-231-98/0901-26549-CIn the Matter of925 Broadway, Bayonne
Judge: SEBASTIAN GAETA, JR.,
Summary:
Statement of Case This matter concerns reported violations at the subject premises under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13a-1 to -28. The owner of the premises objects to the citations, claiming that the premises are not subject to the Hotel and Multiple Dwelling Law.

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Docket No.: edu10697-97
Decided: 1998-12-02
Caption: ARLENE MILLER, v. BURLINGTON COUNTY EDUCATIONAL SERVICES UNIT,BURLINGTON COUNTY,
Judge: JEFF S. MASIN,
Summary:
Arlene Miller, a school psychologist formerly employed by the New Hanover School District (“New Hanover”), contends that the respondent Burlington County Educational Services Unit (“ESU”) violated her tenure rights when it failed to employ her as a school psychologist when the ESU took over the provision of child study team services to the New Hanover District. Ms. Miller had been laid off from her position with New Hanover as a result of a reduction in force (“RIF”) on June 30, 1996. New Hanover contracted for school psychological services with Therapeutic Alternatives, a private agency, from July 1, 1996, through June 30, 1997, and thereafter it entered into an agreement with the ESU for the provision of child study team services for the period beginning July 1, 1997. Ms. Miller contends that as she had a right under N.J.S.A. 18A:28-12 to be placed on a preferred eligibility list for reemployment in New Hanover in the event that the position of school psychologist became available in the district, she also had a right to be preferred for employment with the ESU when it succeeded to the provision of such services within the New Hanover District. The ESU disputes her claim. Ms. Miller filed a petition seeking relief from the Commissioner of Education on November 6, 1997. The ESU filed an answer on December 3, 1997. The contested case was transferred to the Office of Administrative Law (“OAL”) on December 18, 1997. A prehearing conference was held on February 5, 1998. Following discovery the parties entered into a joint stipulation of facts and filed cross-motions for summary decision. The last brief was received on November 5, 1998.

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Docket No.: abc9438-96
Decided: 1998-10-23
Caption: KAZWELL COMPANY, INC., v. MUNICIPAL BOARD OF ALCOHOLICBEVERAGE CONTROL OF THE CITY OFGARFIELD,
Judge: BARBARA A. HARNED, CHIEF
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY In this matter, petitioner, Kazwell Company, Inc. (Kazwell) appeals the denial of a person to person transfer of New Jersey Plenary Retail Consumption Liquor License No. 0221-33-047-004 on June 3, 1996 by respondent Municipal Board of Alcoholic Beverage Control of the City of Garfield (City). Kazwell filed A Notice and Petition of Appeal with the state Division of Alcoholic Beverage Control (Division) on or about July 10, 1996. The matter was transmitted by the Division to the Office of Administrative Law (OAL) on September 16, 1996 for hearing 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. Respondent's Answer to the Notice and Petition of Appeal was subsequently filed with the OAL on May 7, 1997.

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Docket No.: bki387-98
Decided: 1998-11-19
Caption: LISA FERRIOLO, v. LIBERTY MUTUALINSURANCE COMPANY,
Judge: JOSEPH F. FIDLER,
Summary:
STATEMENT OF THE CASE Petitioner Lisa Ferriolo challenges respondent Liberty Mutual Insurance Company's determination to issue a Notice of Nonrenewal of her automobile insurance policy, pursuant to N.J.S.A. 17:33B-17, N.J.A.C. 11:3-8.4(a), and N.J.A.C. 11:3-34. Respondent contends that it properly determined that petitioner no longer qualifies as an eligible person for coverage because of her accumulation of nine or more automobile insurance eligibility points. PROCEDURAL HISTORY

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Docket No.: caf3738-98
Decided: 1998-11-19
Caption: DEPARTMENT OF COMMUNITY AFFAIRS,BUREAU OF HOUSING INSPECTION, v. 159 CHESTNUT STREET, JERSEY CITY,,
Judge: LINDA BAER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The Bureau of Housing Inspection (BHI) claims the premises at 159 Chestnut Street, Jersey City, New Jersey are subject to inspection under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A. Respondent requested a fair hearing contesting the designation as a three family dwelling and requesting an exemption from the requirements of the Hotel and Multiple Dwelling Act. On April 27, 1998 the matter was transmitted to the Office of Administrative Law for determination as a contested case. The matter was scheduled for a hearing before the undersigned administrative law judge on September 25, 1998. The matter was heard that day and the record was left open for the receipt of certain documents which were entered into the record. The record closed on October 5, 1998. ISSUE

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Docket No.: caf8497-98
Decided: 1998-11-20
Caption: FREDA GOODMAN, v. DEPARTMENT OF COMMUNITY AFFAIRSDIVISION OF HOUSING AND COMMUNITYRESOURCES,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Freda Goodman, appeals from a determination by the Division of Housing and Community Resources (Division), Office of Low-Income Energy Conservation (OLIEC) to deny her application for Home Energy Assistance (HEA) and OLIEC's demand for recoupment of $129 paid to petitioner through administrative error.

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Docket No.: cma9679-98
Decided: 1998-11-25
Caption: LORRAINE VITALE, v. CHRYSLER CORPORATION,
Judge: RICHARD McGILL,
Summary:
Lorraine Vitale (petitioner) seeks a refund pursuant to the Lemon Law, N.J.S.A. 56:12-29 to -49, from Chrysler Corporation (respondent) for a 1998 Dodge Neon. Respondent denies that petitioner is entitled to relief under the Lemon Law. PROCEDURAL HISTORY

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Docket No.: csv1248-98
Decided: 1998-11-13
Caption: DARRON JONES, v. CITY OF ELIZABETH POLICE DEPARTMENT,
Judge: SEBASTIAN GAETA, JR.,
Summary:
STATEMENT OF CASE This is appellant's appeal of the demotion from the grade of sergeant to police officer for charges sustained by the Elizabeth Police Department on December 17, 1996. The sustaining of those charges and the imposition of the suspension of duty for 60 days are not appealed.

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Docket No.: csv2288-98
Decided: 1998-11-16
Caption: DONALD BENSON, v. ALBERT C. WAGNER YOUTHCORRECTIONAL FACILITY,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter is the appeal for a thirty-day suspension imposed against appellant for sleeping while on duty and neglect of duty on July 24, 1997. Appellant denies the allegations. A Preliminary Notice of Disciplinary Action dated August 7, 1997, preceded the appointing agency's hearing held on September 15, 1997. The charges were sustained as a result of that hearing and Final Notice of Disciplinary Action advising of a suspension from employment for thirty days was issued on September 28, 1997. A notice of appeal from that decision was filed on October 17, 1997.

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Docket No.: csv3445-96
Decided: 1998-11-19
Caption: Mark del monaco, anthony dI minno,russell inserra, christopher perrelli,john pesenti, columbia santarpia,AND donald scorzetti,s, v. police department, borough of lodi,
Judge: EDITH KLINGER,
Summary:
On August 22, 1995, appellants were given notice that, for reasons of economy, they would be laid off from their permanent positions as police officers in the Police Department, Borough of Lodi, effective October 21, 1995. On September 29, 1995, appellants requested a hearing and on March 26, 1996, the Department of Personnel transmitted the matter to the Office of Administrative Law 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. The hearing was held on October 13, 1998, and the record closed on that date. Appellants claim that they were laid off in bad faith, for reasons other than economy, efficiency or other related reasons. These appeals are subject to hearing and final determination by the Merit System Board. N.J.A.C. 4A:8-2.6(a)1. The burden of proof in this matter is upon the appellants. N.J.A.C. 4A:8-2.6(c).

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Docket No.: csv4131-98
Decided: 1998-11-10
Caption: WILLIAM AZZARRA, JR., v. CAMDEN COUNTY,DIVISION OF PUBLIC WORKS,
Judge: KATHRYN A. CLARK,
Summary:
The appellant, William Azzarra, was employed as General Supervisor, Roads by the Camden County Division of Public Works, respondent. The respondent terminated appellant's employment on February 3, 1997, on charges. PROCEDURAL HISTORY The appellant appealed his removal to the Merit System Board and on April 30, 1998, the Merit System Board transmitted this matter to the Office of Administrative Law (OAL) for hearing and 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.

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Docket No.: csv4704-98
Decided: 1998-11-20
Caption: EVELYN McCLURKIN, v. WOODBINE DEVELOPMENTAL CENTER,DEPARTMENT OF HUMAN SERVICES,
Judge: JOHN R. FUTEY,
Summary:
STATEMENT OF THE CASE In this matter, appellant Evelyn McClurkin appeals her removal effective August 5, 1997, on a charge of physical or mental abuse of a patient, client, resident or employee.

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Docket No.: csv6082-98
Decided: 1998-12-01
Caption: VICTORIA GIBBONS, v. VINELAND DEVELOPMENTALCENTER,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant appeals her removal effective January 8, 1998 from the position of Human Services Assistant at Vineland Developmental Center (“Vineland”) on charges of physical abuse of client. A departmental hearing of the charges was conducted on April 3, 1998 and the Final Notice of Disciplinary Action sustaining the charges was entered April 7, 1998 (Exhibit R-2).

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Docket No.: csv938-98
Decided: 1998-11-19
Caption: ELIZABETH LOCKETT, v. TRENTON PSYCHIATRICHOSPITAL,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of respondent's decision to remove appellant from her position as a licensed practical nurse (LPN) on charges, pursuant to N.J.S.A. 11A:1-1 to -12.6, and regulations promulgated thereunder. Appellant requested a hearing and the matter was transmitted to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. A hearing was conducted on October 22, 1998, after which the record closed. Certain facts are undisputed. Appellant has been employed by respondent as an LPN since 1982. On April 2, 1997, she was substituting on a ward known as Drake West 2; she had worked on this ward before. There is a file room behind the nurses' station and beyond that, a room where patient medications are stored. Access to the medication room is gained through the file room; both rooms have self-locking doors. Prescriptions are delivered daily to each ward from the pharmacy in locked cassettes. These cassettes are maintained in locked cabinets within the medication room. On April 2, 1997, there was an incident involving appellant, in which a patient entered the medication room and either drank or attempted to drink from a used bottle of the drug Prolixin.

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Docket No.: csv947-98
Decided: 1998-11-24
Caption: GARY VAN NORMAN, v. DEPARTMENT OF CORRECTIONS,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE The Department of Corrections (appointing authority) brings disciplinary action against appellant, a senior correction officer (SCO) at the Department's Garden State Reception and Youth Correctional Facility, Yardville. More particularly, the appointing authority alleges that appellant made inappropriate physical contact with or mistreated an inmate; the Department charges that such actions constitute sufficient cause for major discipline; and the Department claims that appellant should be suspended for 15 days. N.J.A.C. 4A:2-2.3. The appellant alleges that after an inmate grabbed for a correction officer's keys and assaulted the correction officer, he and other correction officers appropriately assisted in the restraint of the inmate and he demands dismissal of the charges.

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Docket No.: eds10197-98
Decided: 1998-11-19
Caption: D.O, v. OAKLYN BOARD OF EDUCATION,
Judge: KATHRYN A. CLARK,
Summary:
In this matter, the parents of D.O. are bringing an emergent relief application against the Oaklyn Board of Education which has suspended their son for 10 days and placed him on home instruction until further Board action. The suspension is based on a determination by the Board that D.O. attempted to hit a teacher. D.O. is in the 8th grade. In June, 1997, it was determined by the Child Study Team at Oaklyn that D.O. was eligible for Section 504 services. 29 U.S.C. §794 . He is not classified as a special education student under the Individuals with Disabilities Education Act (hereinafter IDEA). 20 U.S.C.A. §§ 1401 to 1461. His diagnosis is Attention Deficit Hyperactivity Disorder (hereinafter ADHD).

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Docket No.: eds96-99
Decided: 1999-02-18
Caption: R.S., v. LAWRENCE TOWNSHIPBOARD OF EDUCATION,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A. § 1401 to § 1485, and its implementing regulations, 34 C.F.R. § 300.1 et seq. (1998). The matter was transmitted to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. A hearing was conducted on January 25 and 29, 1999, after which the record closed. The primary question presented is whether R.S.'s educational program should focus on general academics or life skills. Additionally, Mr. and Mrs. S. seek reimbursement for the cost of an independent evaluation and for private tutoring.

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Docket No.: eds3133-98
Decided: 1998-09-17
Caption: M.S., v. ELMWOOD PARK BOARD OF EDUCATION
Judge: SEBASTIAN GAETA, JR.,
Summary:
STATEMENT OF CASE AND PROCEDURAL HISTORY

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Docket No.: cma20-99
Decided: 1999-03-01
Caption: STEFANO MARCHIANO, v. HYUNDAI MOTOR AMERICA,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner seeks relief under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to -49, against respondent, Hyundai Motor America (“Hyundai”) for alleged defects in a 1996 Hyundai Elantra, 4 door sedan (VIN KMHJF34M9TU279166) (“vehicle”) purchased from Bell Hyundai (“Bell”) on June 12, 1996. Petitioner (“Marchiano”) alleges that Hyundai and its authorized dealer failed on three occasions to correct a defect in the vehicle's transmission. Marchiano's request for Lemon Law Dispute Resolution claims that this defect substantial impairs the use, safety and market value of the vehicle.

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Docket No.: eds7028-98
Decided: 1998-10-07
Caption: W.C., v. NEWTON BOARD OF EDUCATION,
Judge: SEBASTIAN GAETA, JR.,
Summary:
STATEMENT OF CASE AND PROCEDURAL HISTORY Petitioner, W.C., through counsel, requested a due process hearing in this matter. The Commissioner of Education forwarded this matter to the Office of Administrative Law requesting that an administrative law judge be assigned to conduct a hearing in accordance with 20 U.S.C.A. §1400 and 34 C.F.R. §§300.500 to - 300,754. Subsequently, the undersigned Administrative Law Judge was assigned by the Director of the Office of Administrative Law to hear this matter.

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Docket No.: eds7815-98
Decided: 1998-11-20
Caption: WESTFIELD BOARD OFEDUCATION, v. J.S.B.
Judge: MARGARET M. HAYDEN,
Summary:
Statement of the Case and Procedural History This matter arose with the filing by the Westfield Board of Education (District) of a request for due process on or about August 7, 1998. The District seeks a determination that the IEP proposed by the District for the 1998-99 school year including classification, placement and program was educationally appropriate for J.S.B. and was reasonably calculated to permit J.S.B. to derive educational benefit. Similarly, on August 7, 1998, J.S.B. by his mother S.P. filed a request for due process hearing asking that J.S.B.'s classification be revoked and that J.S.B. be provided accommodation pursuant to §504 of the Rehabilitation act of 1973 The parent's request for emergency relief was denied on August 7, 1998. The matters was consolidated and hearing dates were scheduled with consent of parties for September 8, 11, 14 and October 9 and November 1 & 9, 1998. The parties provided written submissions in lieu of the November 6, hearing date, at which time the record was closed.

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Docket No.: eds8374-98
Decided: 1998-11-17
Caption: J.C., v. PENNSAUKEN BOARD OF EDUCATION,
Judge: KATHRYN A. CLARK,
Summary:
J.C. and D.C., parents of J.C., contest his placement in his home school district, and request an out-of-district placement in a public school near Pennsauken unconnected with the Pennsauken Board of Education. This matter was transmitted with its companion case, R.C. v. Pennsauken, EDS 8373-98. At the parent's request, these two cases were heard one after the other, but the cases were not consolidated. PROCEDURAL HISTORY

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Docket No.: abc3736-98
Decided: 1998-10-26
Caption: IN THE MATTER OF JC III CORPORATION,T/A LIL' JOHN'S TAVERN
Judge: SEBASTIAN GAETA, JR.,
Summary:
STATEMENT OF CASE Petitioner, John J. Caruso, III, sole shareholder of JC III Corporation, appeals the denial of the application for transfer of the Plenary Retail Consumption and Distribution License, number 0906-33-09-002, by the Jersey City Board of Alcoholic Beverage Control on March 18, 1998.

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Docket No.: edu6259-97
Decided: 1998-11-25
Caption: CARTERET BOARD OF EDUCATION,MIDDLESEX COUNTY, v. SAAD RADWAN,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of a decision by the Carteret Board of Education (Board) to seek respondent's dismissal as a tenured custodian, pursuant to N.J.S.A. 18A:6-9. The matter was transmitted to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14F-1 through -13. A hearing was conducted over the course of nineteen days and the record closed on September 15, 1998, with receipt of the last post-hearing memorandum. An order of extension is in effect. The questions presented are whether respondent was insubordinate and/or failed to carry out his assigned duties to the extent that his dismissal is warranted. Respondent maintains that the tenure charges are a subterfuge for discrimination based on religion and national origin, as well as retaliation for filing a complaint with the Division on Civil Rights.

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Docket No.: esa4926-97
Decided: 1998-11-30
Caption: NJDEP/COASTAL & LAND USE ENFORCEMENT, v. EUGENE ROBERT PAUL,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter commenced on April 22, 1997, when the New Jersey Department of Environmental Protection, Coastal and Land Use Enforcement Bureau (hereinafter petitioner) issued to Eugene Robert Paul (hereinafter respondent) an Administrative Order and Notice of Civil Administrative Penalty Assessment charging respondent with violations of the Freshwater Wetlands Protection Act in connection with his activities on Block 15, Lot 4.07 located in the Township of Millstone, Monmouth County, New Jersey, and seeking to impose penalties as a result thereof in the amount of $24,000. Respondent requested a hearing to contest the determination and on June 30, 1997, the matter was transmitted to the Office of Administrative Law for determination as a contested case pursuant to N.J.S.A. 52:14F-1 to -13.

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Docket No.: fgc6563-98
Decided: 1998-11-23
Caption: HERSHEL RIDGEWAY, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION,DIVISION OF FISH, GAME AND WILDLIFE,
Judge: STEVEN C. REBACK,
Summary:
This matter arises as a result of action instituted by the respondent (the Division) seeking to suspend Mr. Ridgeway's licenses for fishing and hunting for a period of two years, commencing on or about December 10, 1997. The basis under which the Division is seeking to suspend Mr. Ridgeway's licenses for the two year period is its assertion that Mr. Ridgeway has been guilty of two separate and distinct violations infringing upon the area of fish, game and wildlife and those violations have been incurred within a period of five years pursuant to statute, specifically N.J.S.A. 23:3-22 and 22.1. The agency has conferred with the authorities to revoke the license for a two year period following the two convictions to which I have just alluded. The facts are really not in significant dispute but before I indicate those initially Mr. Ridgeway requested a hearing, pro se, through letter that was then followed by a letter of counsel which is dated April 23, 1998. Subsequent to that issuance the Division, Office of Legal Affairs, granted Mr. Ridgeway his request for an adjudicatory hearing and the matter was transmitted to the Office of Administrative Law (OAL) as a contested case, pursuant to N.J.S.A. 52:14F-1 to -13 and N.J.S.A. 52:14B-1 to -15; that transmission was effected on or about August 4, 1998. As I indicated the facts in this matter are not in significant dispute. On or about September 20, 1995, the respondent paid a fine to dispose of a summons for possession of what is known as sub-legal summer flounder, presumably a fish that was too small. While there is some dispute from Mr. Ridgeway's prospective, in terms of whether he was guilty of it, his payment of the summons, and his waiver, constitute a plea of guilty and he if didn't know it I'm sorry but his ignorance of that would not change that violation.

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Docket No.: hma4671-97
Decided: 1998-11-19
Caption: J.W., v. DIVISION OF MEDICAL ASSISTANCEAND HEALTH SERVICES
Judge: JOHN R. FUTEY,
Summary:
STATEMENT OF THE CASE

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Docket No.: ihc2864-97
Decided: 1998-11-02
Caption: IN THE MATTER OF THE INDIVIDUAL HEALTHCOVERAGE PROGRAM BOARD'S ADJUSTMENTOF BLUE CROSS AND BLUE SHIELD OF NEW JERSEY'SREQUESTS FOR REIMBURSEMENT OF LOSSES FORCALENDAR YEARS 1993 AND 1994.
Judge: BRUCE R. CAMPBELL,
Summary:
In this matter Blue Cross/Blue Shield of New Jersey (BCBS) appeals the validity of the audit methodology used in an independent audit of BCBS's reported losses on individual health insurance for calendar years 1993 and 1994. The matter was transmitted by the Individual Health Coverage Program Board (Board) to the Office of Administrative Law (OAL) for determination as a contested case pursuant to N.J.S.A. 52:14F-1 through -13.

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Docket No.: typ11261-97
Decided: 1998-12-03
Caption: ELIZABETH SHEA, v. TEACHERS' PENSION ANDANNUITY FUND,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY At its meeting of September 11, 1997, the Board of Trustees of the Teachers' Pension and Annuity Fund (TPAF, the Board), denied petitioner's application for an accidental disability retirement allowance. The basis of the Board's decision was its determination that the incident she described as occurring on December 15, 1995 was not a “traumatic event” as detailed by N.J.S.A. 18A:66-39. However, the Board determined that petitioner was permanently and totally disabled and that her permanent and total disability was a direct result of the incident that she described.

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Docket No.: typ8669-95
Decided: 1998-11-10
Caption: ANTHONY PANICO, v. BOARD OF TRUSTEES OF THETEACHERS' PENSION ANDANNUITY FUND,
Judge: JOHN R. FUTEY,
Summary:
STATEMENT OF THE CASE In this matter, petitioner Anthony Panico (Panico) appeals the determination of respondent, the Teachers Pension and Annuity Fund (TPAF), which denied him classification as a veteran. The issues are (1.) whether the TPAF properly determined that Panico should not be entitled to veteran's status and (2.) whether, under the circumstances of this matter, the matter of Usarzewicz v. Board of Trustees TPAF, TYP 3532-92; should be applied retroactively to the Panico matter.

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Docket No.: csv2568-98
Decided: 1998-12-18
Caption: YOLANDA ROSS, v. ANCORA PSYCHIATRIC HOSPITAL,
Judge: JOSEPH F. FIDLER,
Summary:
STATEMENT OF THE CASE This matter concerns the appeal of Yolanda Ross, Human Services Technician, from her removal by respondent Ancora Psychiatric Hospital on disciplinary charges, effective March 24, 1997. The charges against appellant are physical abuse of a patient, and falsification: intentional misstatement in connection with a report. In its Preliminary Notice of Disciplinary Action, dated March 24, 1997, the respondent appointing authority specified the disciplinary charges against the appellant as follows:

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Docket No.: cma8914-98
Decided: 1998-12-02
Caption: PAUL BERKOWICZ, v. MAZDA NORTH AMERICANOPERATIONS,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner seeks relief under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to -49 against respondent Mazda North American Operations, for alleged defects in a 1998 Mazda, B2500 pickup truck, purchased from Toms River Mazda, Route 37 and Peter Street, Toms River, New Jersey, on April 15, 1998. In his Lemon Law Dispute Resolution Application petitioner alleges that respondent and its dealer failed to correct a defect on more than three occasions involving uneven body height with the vehicle leaning on the drivers side, front and rear, and petitioner alleges that this defect substantially impairs the use, value and safety of the vehicle. The respondent denies that the petitioner's complaint is a nonconformity which substantially impairs the vehicle's use, value and safety.

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Docket No.: cma9671-98
Decided: 1998-12-03
Caption: JAMES BELCASTRO,s, v. CHRYSLER CORPORATION,
Judge: SEBASTIAN GAETA JR.,
Summary:
Petitioner filed a complaint pursuant to the New Jersey Lemon Law, N.J.S.A. 56:12-29 to 49, seeking a refund for his 1997 Dodge Ram Conversion Van. The matter was transmitted by the Lemon Law Unit, Office of Consumer Protection, Division of Consumer Affairs to the Office of Administrative Law for a hearing scheduled November 16, 1998. The matter was heard on that date and the record closed.

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Docket No.: cma9674-98
Decided: 1998-11-23
Caption: MIKHAIL VOLSKI, v. CHRYSLER CORPORATION,
Judge: EDITH KLINGER,
Summary:
Mikhail Volski leased a 1997 Jeep Grand Cherokee, VIN 1J4GZ58S6VC674094, from Teterboro Chrysler/Plymouth, Jeep/Eagle, of Little Ferry, New Jersey. The lease was for a term of three years at 12,000 miles per year. His monthly payment was $350.89. At the time he took possession of the vehicle, he made a payment of $1892.39. This included title, license, and registration fees in the amount of $211.50, his first monthly payment of $350.89, a security deposit of $500, and $90 for a vehicle protection plan. He also made a down payment of $740. The estimated residual value of the Jeep at the end of the lease was $21,400, assuming ordinary wear and tear and mileage at the rate of 12,000 miles a year. Volski makes his monthly payments to BTRAC Leasing Corporation of Melville, New York. He testified that he is not behind in his payments at the present time.

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Docket No.: cma9678-98
Decided: 1998-12-14
Caption: ALEXIS JANUSHEVICH, v. KIA MOTORS AMERICA, INC.,
Judge: IRENE JONES,
Summary:
PROCEDURAL HISTORY

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Docket No.: crt665-98
Decided: 1998-12-14
Caption: KATHERINE CERDA,Complainant, v. MARTIN ABRAMSON ANDEDWARD ABRAMSON, T/AROY ROGERS, PINE BEACH, NEWJERSEY,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Complainant alleges discrimination in employment by respondents in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42, based on respondents' refusal to hire complainant as a cashier because of sex or reprisal on September 24, 1996. The matter was transmitted to the Office of Administrative Law (OAL) on February 3, 1998, for hearing as a contested case. The matter was assigned to the undersigned Administrative Law Judge on March 19, 1998, and a telephone prehearing conference was scheduled for April 28, 1998. Prior to the telephone prehearing conference scheduled for April 28, 1998, respondents requested an adjournment which was granted and the telephone prehearing conference was rescheduled to June 3, 1998. On June 3, 1998, a telephone prehearing conference was conducted and a prehearing order was entered on June 23, 1998, settling the procedures to be followed in the hearing and resolution of this matter. A hearing was scheduled for September 11, 1998, but this hearing was adjourned and rescheduled for October 30, 1998. On October 30, 1998, a hearing was held and concluded and the record closed.

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Docket No.: csv2313-98
Decided: 1998-12-15
Caption: WILLIAM HYNES, v. JUVENILE JUSTICE COMMISSION/NEW JERSEY TRAINING SCHOOL,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE Appellant, William Hynes, appeals from his removal as a Correction Officer Recruit on charges of assaulting a juvenile inmate in his custody and control.

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Docket No.: cma8604-98
Decided: 1998-12-14
Caption: VINCENT BRUNNER, v. AMERICAN EAGLE MOTORCYCLE CO.,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Vincent Brunner, seeks relief under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to -49, against respondent, American Eagle Motorcycle Company (American Eagle) for alleged defects in a 1997 American Eagle motorcycle. Petitioner claims that American Eagle has not corrected the defects which impair the vehicle's use, value and safety.

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Docket No.: csv2687-98
Decided: 1998-12-14
Caption: CATHERINE KAUFFMAN, v. CUMBERLAND COUNTY
Judge: JOSEPH F. FIDLER,
Summary:
STATEMENT OF THE CASE This matter concerns the appeal of Catherine Kauffman, Director of Alcoholism Rehabilitation, from her removal by respondent Cumberland County on disciplinary charges, effective August 4, 1997. The charges against appellant are incompetency, inefficiency, or failure to perform duties; neglect of duty; and misuse of public property. In its Preliminary Notice of Disciplinary Action, dated August 4, 1997, the respondent appointing authority specified the disciplinary charges against the appellant as follows:

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Docket No.: csv4087-98
Decided: 1998-12-21
Caption: JOSEPH GUZIEWICZ, v. MOUNT HOLLY TOWNSHIP,
Judge: KATHRYN A. CLARK,
Summary:
The appellant, Joseph Guziewicz, was employed as a Building Maintenance Worker by Mount Holly Township, respondent. The respondent terminated appellant's employment on September 6, 1997, on charges. PROCEDURAL HISTORY

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Docket No.: csv6248-97
Decided: 1998-12-03
Caption: CYNTHIA COTTON, v. DIVISION OF YOUTHAND FAMILY SERVICES,
Judge: BERNARD GOLDBERG,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant appeals the decision of the Division of Youth and Family Services removing her from the position of Family Service Specialist 3, effective April 4, 1997 on the charge of conduct unbecoming a public employee. N.J.A.C. 4A:2-2.3(a)6. By Preliminary Notice of Disciplinary Action dated December 30, 1996, respondent notified appellant that the Public Defender had substantiated the charge when it determined she had neglected a child in her custodial care as defined by N.J.S.A. 9:6-1 and N.J.S.A. 9:6-21c(4)b.

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Docket No.: csv6534-98
Decided: 1998-12-18
Caption: WILLIAM G. FREDERICK, JR., v. NEW LISBON DEVELOPMENTAL CENTER,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant (“Frederick”) appeals his removal effective April 26, 1996 from the position of Cottage Training Technician at New Lisbon Developmental Center (“New Lisbon”) on charges of physical abuse of a client.

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Docket No.: csv6641-98
Decided: 1998-12-16
Caption: KEITH MC GOUGH, v. DEPARTMENT OF HUMANSERVICES, ANCORA PSYCHIATRICHOSPITAL,
Judge: BERNARD GOLDBERG,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant appeals his layoff by the Department of Human Services from the interim position of Truck Driver and the inability to be returned to his permanent title of Mechanic's Helper at Ancora Psychiatric Hospital. He alleges that respondent acted in bad faith when it failed to honor his supervisor's promise to return him to his permanent title should he be removed in a reduction in force (RIF) action. A good faith appeal was made on May 20, 1998 and the matter was transmitted to the Office of Administrative Law (OAL) for determination as a contested case, pursuant to N.J.S.A. 52:14F_1 to -13.

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Docket No.: csv9576-97
Decided: 1998-11-24
Caption: DENNIS DANIELS, v. CITY OF NEWARK,
Judge: THOMAS R. VENA,
Summary:
STATEMENT OF THE CASE Respondent, City of Newark (Appointing Authority), alleges that Appellant, Dennis Daniels, while a part-time Records Clerk in the Newark Police Department, committed an act of disorderly conduct while attending a festival in Philadelphia, Pennsylvania, on July 14, 1996, and, further, that Appellant failed to report his arrest for disorderly conduct on that date, either at that time or while subsequently a police recruit. On this basis, the Appointing Authority claims violations of the rules and regulations of the Newark Police Department justifying a suspension of the Appellant for the period of fifteen days without pay. N.J.A.C. 4A:2-2.2(a)3 and N.J.A.C. 4A:2-2.3(a)11. The Appellant denies acting in a disorderly manner on July 14, 1996, and alleges that he reported his arrest as soon as he became aware of his obligation to do so.

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Docket No.: csv9713-96
Decided: 1998-11-19
Caption: SAMUEL MENDEZ v. CITY OF NEWARK
Judge: IRENE JONES,
Summary:
On December 26, 1998, the respondent, City of Newark Police Department, (respondent or Department), served the appellant, Samuel Mendez (appellant or Mendez) with a Preliminary Notice of Disciplinary Action that proposed to remove from his position as a police officer. (J-1) The notice charged the appellant with violation of Chapter 6:9-6 - intoxication or illegal use of drugs. (R-2) The specifications alleged that on December 12, 1995, the appellant was found to have cocaine in his urine. A departmental hearing was held on February 15, 1996 wherein the charges were sustained. A Final Notice of Disciplinary Action was served on February 20, 1996. (J-2) On February 26, 1996, appellant filed an appeal with the Merit System Board. The matter was transmitted to the Office of Administrative Law on September 27, 1996. A hearing was held on June 2, 1998. Post hearing submissions were filed on July 9, 1998, at which time the record was closed. Due to the voluminous caseload of the undersigned, the time for the issuance of the was extended by Order to October 8, 1998.

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Docket No.: eds10189-98
Decided: 1998-11-30
Caption: VINELAND BOARDOF EDUCATION,Plaintiff, v. D.N.,
Judge: EDGAR R. HOLMES,
Summary:
The petitioner, Vineland Board of Education moved for emergency relief pursuant to N.J.A.C. 1:6A-12.1. The matter was transmitted to the Office of Administrative Law (OAL) to be heard as a contested case. D.N. is a sixth grade student in the Vineland School District. He is a classified student for purposes of special education. He has been classified as emotionally disturbed. He has also been mainstreamed for all of his classes. An IEP has not been implemented.

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Docket No.: eds6012-98
Decided: 1998-12-02
Caption: A.B., v. STAFFORD TOWNSHIP BOARDOF EDUCATION,
Judge: BEATRICE S. TYLUTKI,
Summary:
This matter was initiated with the application for emergency relief filed by the petitioner, A.B., pursuant to the provisions of N.J.A.C. 1:6A:-12.1, and in accordance with 20 U.S.C.A. §1415 and 34 C.F.R. §300.500. The petitioner asked for the change of his placement for the extended school year (ESY) program, starting in July 1998, as well as other reliefs. The Commissioner of Education (Commissioner) transmitted the matter to the Office of Administrative Law (OAL) on July 2, 1998, and requested that an administrative law judge be assigned to handle the matter. I was assigned by the Director and Chief Administrative Law Judge to hear this matter pursuant to N.J.S.A. 52:14F-1(o). The oral argument as to the petitioner's motion for emergency relief was scheduled for July 10, 1998. On that day, the parties conferred and agreed to a settlement. The settlement provided that the child study team (CST) of the Stafford school district would review the evaluations of A.B. prepared by the CST members of the Douglas Outreach, Douglas Developmental Disabilities Center, Rutgers University (Douglas). If the Stafford CST agreed with the petitioner's unilateral placement at the First Step Program in Barnegat, a private nursery school, including a program aide and supplemental home instruction, then Stafford would reimburse A.B.'s parents for the costs of this program, the aide and transportation. If the Stafford CST disagreed with the unilateral placement, then there would be a hearing before me since the parties had agreed to waive the return of this matter to the Office of Special Education Programs for arbitration/mediation. I issued an order incorporating the settlement on July 27, 1998. Thereafter, I was informed that the Stafford CST did not agree with the unilateral placement and that a hearing would be necessary.

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Docket No.: eds8970-98
Decided: 1998-12-10
Caption: JACKSON TOWNSHIP BOARDOF EDUCATION, v. R.P., A MINOR CHILD, BY HISPARENT, J.J.,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY In the first of these matters entitled Jackson Township Board of Education v. R.P., having OAL Dkt. No. EDS 8970-98, petitioner Board of Education (Board) requested a due process hearing concerning the issues of an appropriate classification of R.P., his program and placement. In the second of these matters entitled R.P. v. Jackson Township Board of Education, OAL Dkt. No. EDS 8971-98, the mother of R.P. seeks emergent relief to enforce the terms of a settlement entered in a prior matter involving the same parties and issues entitled Jackson Township Board of Education v. R.P., OAL Dkt. No. EDS 4658-98; a decision approving this settlement was entered on June 26, 1998.

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Docket No.: edu11980-95
Decided: 1998-11-18
Caption: CONCETTA B. CAPONEGRO,VIRGINIA DEVANE, HOWARD JOHNSON,NORMAN JEFFRIES and BESSIE WHITE,s, v. STATE-OPERATED SCHOOL DISTRICT OFTHE CITY OF NEWARK, ESSEX COUNTY,
Judge: ELINOR R. REINER,
Summary:
On September 18, 1995, petitioners Concetta B. Caponegro, Virginia Devane, Howard Johnson, Norman Jeffries and Bessie White filed a petition of appeal with the Commissioner of Education alleging that they were each improperly denied 60 days' pay and that due to implied contracts of employment, each petitioner should be awarded his or her full position for the entirety of the 1995-96 school year. Respondent filed an answer on November 1, 1995, alleging inter alia that implied contracts do not exist between any of the petitioners and respondent and that petitioners are not entitled to additional compensation for any accumulated vacation, personal or sick days or to 60 days' pay pursuant to N.J.S.A. 18A:7A-44. On November 6, 1995, the Department of Education, Bureau of Controversies and Disputes, transmitted this matter to the Office of Administrative Law for a hearing pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. The matter was assigned to the undersigned judge on December 15, 1995. A prehearing conference was held on March 11, 1996, and the hearing was scheduled to begin on September 30 1996, at the Office of Administrative Law, 185 Washington Street, Newark, New Jersey. The parties appeared on September 30, 1996, at which time the issues were isolated and the hearing was held. The matter continued on October 1, 1996, November 19, 1996, November 26, 1996, and January 23, 1997. At the conclusion of the hearing, the parties acknowledged that the record might have to be supplemented. By letter dated March 14, 1997, respondent's attorney indicated that the record should remain open pending respondent's review of its records and possible settlement of the matter. By letter dated July 11, 1997, counsel for petitioners requested that the stipulation entered into by the parties stand and that the matter proceed to conclusion. Additional conferences were held thereafter in regard to possible resolution of the matter, etc., and on April 27, 1998, the parties appeared and a briefing schedule was established. The briefing schedule was subsequently revised and the record closed after the submission of all documentation.

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Docket No.: edu1747-97
Decided: 1998-11-19
Caption: STATE OPERATED SCHOOL DISTRICT OFTHE CITY OF NEWARK, ESSEX COUNTY, v. JIMMY DYKES,
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE Petitioner, State Operated School District of the City of Newark brought tenure charges against Respondent, Jimmy Dykes, alleging conduct unbecoming a teacher so as to require that his employment be terminated. The charges were predicated on Respondent's intentional participation in a scheme to defraud the State Health Benefits Program (SHBP) by conspiring with Dr. Carl H. Lichtman (Lichtman) to submit claims for psychological services purportedly rendered. According to Petitioner, Respondent allegedly provided information required and utilized to submit fraudulent claims to the insurance carrier for payment for psychological services. Respondent was to receive a share of the fees collected.

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Docket No.: fgc7432-98
Decided: 1998-11-17
Caption: GREGORY C. HALPIN, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTALPROTECTION, DIVISION OF FISH, GAME AND WILDLIFE,
Judge: THOMAS R. VENA,
Summary:
STATEMENT OF THE CASE This matter concerns the request of the Petitioner, Gregory C. Halpin, that his hunting and fishing license be restored. By notice dated April 3, 1998, Respondent, the New Jersey Department of Environmental Protection, Division of Fish, Game & Wildlife, notified Petitioner that his hunting and fishing license had been automatically voided on February 4, 1998 for a period of two years, since he had been found guilty of a second violation of the Fish & Game Laws, N.J.S.A. 23:3-22. (R-1). It is undisputed that on July 7, 1995, Petitioner was convicted of a violation of N.J.S.A. 23:3-1 for failure to display his hunting license and turkey permit on April 29, 1995 (R-2), and on February 4, 1998 Petitioner was convicted of violations of N.J.S.A. 23:3-1 (Failure to Display Hunting License on January 3, 1998), N.J.S.A. 23:4-13.1 (Failure to Wear Fluorescent Hunter's Orange on January 3, 1998 while hunting) (R-2) and N.J.S.A. 23:4-47.1 (Improper Transportation of an Unregistered Deer on January 3, 1998.) (R-3). The Petitioner requested a hearing and the matter was transmitted to the Office of Administrative Law 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.

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Docket No.: hlt5739-98
Decided: 1998-11-25
Caption: GEORGE BLUMENFELD, v. DEPARTMENT OF HEALTH AND SENIOR SERVICES,PAAD, LIFELINE AND SPECIAL BENEFIT PROGRAMS,
Judge: STEPHEN G. WEISS,
Summary:
This contested matter was transmitted to the Office of Administrative Law by the Department of Health and Senior Services, PAAD, Lifeline and Special Benefit Programs on June 29, 1998, following the filing of an appeal by George Blumenfeld from the agency's determination that his total income for 1997, and his estimated income for 1998, made him ineligible for the receipt of PAAD benefits. See N.J.S.A. 30:4D-21; N.J.A.C. 8:83-6.2 (Income Standards). A plenary hearing was scheduled to be conducted by the undersigned administrative law judge on November 19, 1998. However, in advance of the hearing, petitioner sent two letters setting forth his position and indicating that because of his advanced age and physical condition it would not be possible for him personally to attend the hearing. Thus, the agency representative, with my permission, also submitted a written statement of position.

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Docket No.: lid1022-97
Decided: 1998-10-30
Caption: TRANSWORLD SYSTEMS, INC., v. NEW JERSEY DEPARTMENT OF LABOR,
Judge: MARYLOUISE LUCCHI-McCLOUD
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Transworld Systems, Inc. (TSI), challenged the determination that TSI was to be assessed contributions under the New Jersey Unemployment and Temporary Disability Insurance laws for unreported wages paid by TSI during the years 1991 through 1994. The original assessment was for an amount of $85,233.47. During the course of this matter, the amount was revised and both sides acknowledged that, if liability exists, the amount of contributions would in fact be $49,118.88 excluding taxes and penalties. Those items are also requested by respondent. Additionally, the Department of Labor is requesting interest and penalties be assessed.

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Docket No.: lid4097-98
Decided: 1998-12-03
Caption: LUCILLE HENYECZ, TradingAs VACATION PLANNINGTRAVEL SERVICE, v. NEW JERSEY DEPARTMENTOF LABOR,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, a sole proprietor who operates a travel agency, challenges the determination that she is required to pay contributions for the years 1990-1993, totaling $960.67 together with interest through October 14, 1998, totaling $775.23 and penalties of $147.79, allegedly due for payments to travel agents which petitioner claims are independent contractors, but who have been determined by respondent to be employees pursuant to the Unemployment Compensation Law, N.J.S.A. 43:21-19(i)(6)(A), (B), and (C). The matter was transmitted to the Office of Administrative Law (OAL) on April 30, 1989, for hearing as a contested case. A telephone prehearing conference was held on July 15, 1998, and a prehearing order was entered on July 20, 1998, settling the procedures to be followed in this matter. The matter was scheduled to be heard on October 14, 1998, and on that date a hearing was held and concluded. After the hearing, the record remained open to permit the parties the opportunity to provide written submissions, whereupon the record closed on November 5, 1998.

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Docket No.: typ10313-97
Decided: 1998-12-03
Caption: JOSEPH CAPUANO, v. POLICE AND FIREMEN'S RETIREMENT SYSTEM,
Judge: STEVEN C. REBACK,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This is an appeal by Mr. Capuano from a determination arrived at by a meeting of respondent (the Board), conducted on October 20, 1997, reconsidering a reduction of Mr. Capuano's retirement allowance following an out-of-state court order. As a consequence of its determination, the Board has concluded that the petitioner was overpaid approximately $26.307.10 and his first wife, Ms. Harriet Capuano, was underpaid the same amount. As a consequence, the Board is currently restructuring Mr. Capuano's pension payments so that it may reasonably withhold additional sums in order to satisfy the overpayment. Mr. Capuano was advised in respect to these determinations by letter of October 22, 1997. Thereafter, the petitioner requested a hearing, and by letter of November 26, 1997, the secretary to the Board granted that request and on December 3, 1997 the matter was transmitted to the Office of Administrative Law (OAL) 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.

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Docket No.: typ2264-97
Decided: 1998-12-11
Caption: JOHN SPEIGEL, KEN EVANS,ROBERT BATTERSBY, JAMES YOUNG AND LYNN BLACKBURN,s, v. BOARD OF TRUSTEES, POLICEAND FIREMEN'S RETIREMENTSYSTEM,
Judge: STEVEN C. REBACK,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY By letter of January 28, 1997, addressed to the designated petitioners, the respondent, Board of Trustees of the Police and Firemen's Retirement System (hereinafter the Board), advised each of the petitioners of the circumstances surrounding this appeal. The Board noted that it had been involved in litigation with a former police officer for the Borough of Haddon Heights, petitioners' appointing authority, in respect to his final pensionable compensation. During the course of that litigation it was brought to the attention of the Board that a clause in the union contract provides longevity in base salary after twenty years of service. In respect to the former police officer, the Board ruled that this “option” is in violation of N.J.S.A. 43:16A-1(26) and N.J.A.C. 17:4-4.1.

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Docket No.: typ4758-96
Decided: 1998-12-17
Caption: ZEOLA HALL, v. PUBLIC EMPLOYEES' RETIREMENT SYSTEM,
Judge: STEVEN C. REBACK,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This is an appeal by the petitioner, Zeola Hall, from a determination arrived at by the respondent, Board of Trustees of the Public Employees' Retirement System (Board) on October 18, 1995, which denied her application for an accidental disability retirement allowance.

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Docket No.: typ9894-97
Decided: 1998-11-24
Caption: PENELOPE ROBERTS, v. PUBLIC EMPLOYEES' RETIREMENT SYSTEM,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Docket No.: cma11150-98
Decided: 1998-12-16
Caption: ANTONIO VELASQUEZ, v. FORD MOTOR COMPANY,
Judge: EDITH KLINGER,
Summary:
Antonio Velasquez purchased a 1997 Ford Expedition, VIN 1FMFU18LSVLB87238, from Autoland of New Jersey, of Springfield, New Jersey. The cash price of the vehicle was $42,329.60; including the sales tax of $2844.60. He paid $107.20 in registration fees and $40 in filing fees. He made a down payment of $10,000 including a trade-in of his old vehicle for $7000. Velasquez also purchased credit life, health and accident insurance in the total amount of $2668.73, an extended warranty for $1995 and “Autoland Doc Fees” of $172. He financed $37,312.53, including the cost of the credit insurance, and the unexplained Autoland fees, with Ford Credit Corporation. The extended warranty was canceled. Velasquez's monthly payments are $953.56. The car was delivered on May 23, 1997. There were 15 miles on the vehicle at the time of delivery. On the date of hearing, December 12, 1998, almost nineteen months later, there were 25,763 miles on the vehicle. This means that, on the average, he drove approximately 1,385 miles a month.

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Docket No.: cma5596-98
Decided: 1998-12-16
Caption: MORTON TROY, v. BMW OF NORTH AMERICA, INC.,
Judge: ARNOLD SAMUELS,
Summary:
This matter concerns a dispute under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to 49, and the implementing regulations of the Division of Consumer Affairs (Division), N.J.A.C. 13:45A-26.1 to 26.15.

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Docket No.: csv10954-97
Decided: 1998-12-15
Caption: ALICE TROCHE, v. STATE-OPERATED SCHOOL DISTRICT OF JERSEY CITY,
Judge: BEFORE: KEN R. SPRINGER,
Summary:
Statement of the Case This is an appeal under N.J.S.A. 11A:2-6 from the suspension on charges of a school district employee protected by the Merit System. Two issues are raised: (1) Whether the employee is subject to discipline for neglect of duty or conduct unbecoming a public employee, N.J.A.C. 4A:2-2.3(a)(6) and (7); and, (2) If so, what is the appropriate type of discipline? N.J.A.C. 4A:2-2.2.

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Docket No.: caf3464-98
Decided: 1998-12-15
Caption: In the Matter of 925 Broadway, Bayonne
Judge: SEBASTIAN GAETA, JR.,
Summary:
Statement of Case This matter concerns reported violations at the subject premises under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13a-1 to -28. The owner of the premises objects to the citations, claiming that the premises are not subject to the Hotel and Multiple Dwelling Law.

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Docket No.: caf4151-97
Decided: 1998-12-31
Caption: CODE INSPECTIONS, INC., v. TOWNSHIP OF WILLINGBORO,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter is the appeal of the petitioner, Code Inspections, Inc. (“Code Inspections”) from the refusal of respondent, Township of Willingboro, (“Willingboro”) to consider Code Inspection's written proposal to provide “on-site Inspection Services for Code Enforcement, Building Sub-Code” to Willingboro in accordance with Willingboro's “Request for Proposals - On-Site Agencies.” (Exhibit P-1)

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Docket No.: cma11078-98
Decided: 1998-12-14
Caption: TINA M. COBERG, v. HYUNDAI MOTOR AMERICA,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Tina M. Coberg, on March 11, 1997, purchased a 1997 Hyundai Tiburon, vehicle identification number (VIN) KMHJG24MXVUO33964, from Motor World, Route 4 West, Paramus, New Jersey. On August 21, 1998, petitioner forwarded to the New Jersey Division of Consumer's Affairs her application for the New Jersey Lemon Law Dispute Resolution, together with a check in the amount of $50 for the required filing fee. N.J.S.A. 56:12-29 to 12-49. Petitioner seeks the full purchase price of the vehicle together with attendant costs. Respondent, Hyundai Motor America (Hyundai) asserts petitioner has failed to prove that her vehicle's alleged non-conformity of an engine/transmission problem substantially impairs the use, value or safety of her vehicle.

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Docket No.: abc921-98
Decided: 1998-12-04
Caption: kirn, inc., v. Township committee of the township of green brook,
Judge: JOSEPH F. FIDLER,
Summary:
statement of the case Petitioner Kirn, Inc., seeks an order reversing the failure of respondent Township Committee of the Township of Green Brook to act on its plenary retail consumption license renewal application, pursuant to N.J.A.C. 13:2-2.10(b), or alternatively, seeks a special ruling to permit issuance of a new license, pursuant to N.J.S.A. 33:1-12.18, for the 1997-1998 license term.

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Docket No.: csv11332-96
Decided: 1998-12-03
Caption: CAROL DeMARIA, v. HUDSON COUNTY,
Judge: MUMTAZ BARI-BROWN,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant, Carol DeMaria, employed by respondent, Hudson County, as a recreation supervisor, contended that her termination was motivated by bad faith and was in retaliation for filing sexual harassment complaints against two coworkers. Respondent maintained that the disciplinary action of resignation not in good standing, effective April 15, 1996, was based on appellant's absence without permission on November 3, 9, 16, 17 and 30, 1995.

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Docket No.: csv2798-98
Decided: 1998-12-03
Caption: SHEENA FOWLKES, v. WOODBRIDGE DEVELOPMENTAL CENTER,
Judge: BRUCE R. CAMPBELL,
Summary:
A former Food Service Worker at Woodbridge Developmental Center appeals termination at the end of her working test period. The matter was opened before the Merit System Board and transmitted to the Office of Administrative Law for determination as a contested case pursuant to N.J.S.A. 52:14F-1-13. The matter was heard on November 13, 1998, at the Office of Administrative Law, Trenton.

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Docket No.: csv2806-98
Decided: 1998-12-02
Caption: JOSEPH POWELL, v. MONMOUTH COUNTY,
Judge: BRUCE R. CAMPBELL,
Summary:
Joseph Powell, appellant, appeals removal from his position of Psychiatric Charge Technician (PCT) by Monmouth County, respondent, on multiple charges, effective May 21, 1997. The appellant received a preliminary notice of disciplinary action dated May 15, 1997. It alleged the appellant failed to attended a meeting with a client and reported he transported a client to meetings when he did not. Monmouth County charged Powell with neglect of duty, theft of time, falsification of records and conduct unbecoming a public employee. Powell requested a hearing before the appointing authority that was held on May 21, 1997. On May 28, 1997, a final notice of disciplinary action issued sustaining all charges and removing Powell from position. Powell timely filed an appeal.

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Docket No.: csv2809-98
Decided: 1998-12-23
Caption: KEITH V. MARTIN, v. CAMDEN CITY,
Judge: BRUCE R. CAMPBELL,
Summary:
Keith V. Martin, appellant, appeals his removal from the position of Laborer effective April 4, 1997 on charges of insubordination, inability to perform duties, chronic absenteeism, neglect of duty and other sufficient cause, specifically, failure to report absences. The matter was opened before the Merit System Board and transmitted to the Office of Administrative Law for determination as a contested case pursuant to N.J.S.A 52:14F-1 through -13. The matter was scheduled for a settlement conference on June 2, 1998. The appellant's then attorney informed the Deputy Clerk's office that no settlement was possible and that a conference hearing was requested. On August 13, 1998, notice of hearing was sent to the parties setting down the case for Tuesday, December 15, 1998. The matter was heard and the record closed on that day.

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Docket No.: csv2857-98
Decided: 1999-01-12
Caption: THERESA McNICHOL, v. CITY OF TRENTON,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of respondent's decision to dismiss appellant for failure to meet residency requirements, pursuant to the Civil Service Act, N.J.S.A. 11A:1-1 to -12.6, and regulations promulgated thereunder. Appellant requested a hearing and the matter was transmitted to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. A hearing was conducted on December 10, 1998, and the record closed on December 18, 1998, with receipt of post-hearing submissions. Most of the facts are undisputed. Appellant was hired by respondent in September 1993 as director of Ellarslie, The Trenton City Museum. By ordinance, City employees must be domiciled in Trenton. In March 1994, after some delay, appellant notified respondent that she had relocated to 4 Ivy Court in Trenton (R-1). This building is a three-story single-family home and appellant lived on the third floor, which consists of a bedroom and bathroom. Appellant paid rent of $150 monthly, and as of July 1996, paid $200 monthly. She did no cooking in the home and could have no overnight visitors. The owners expected privacy on weekends and it was understood that appellant would stay elsewhere during this time. Appellant's position at Ellarslie required her to work on Saturday and her days off were Sunday and Monday.

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Docket No.: csv3379-98
Decided: 1998-12-18
Caption: CURTIS COHEN, v. EAST JERSEY STATE PRISON,
Judge: IRENE JONES,
Summary:
By notice of Preliminary Action dated November 13, 1997, the respondent, East Jersey State Prison, charged the appellant, Curtis Cohen, with conduct unbecoming a public employee; improper or unauthorized contact with an inmate; undue familiarity with an inmate; and engaging in financial transactions between employees and inmates. The Notice proposed to remove the appellant from his position as a Senior Correction Officer at East Jersey State Prison. (EJSP). After a departmental hearing, a Final Notice of Disciplinary Action was served on the appellant that removed him from his position, effective December 12, 1997. On December 18, 1997, appellant requested a hearing and on March 31, 1998 the Department of Personnel transmitted the matter to the Office of Administrative Law (OAL) for hearing as a contested case, pursuant to N.J.S.A. 52:14B-1 to N.J.S.A. 52:14F to 13. A hearing was held on October 6, 1998 and the record closed on that date. Due to a voluminous caseload, the undersigned requested an extension of time for the issuance of the .

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Docket No.: csv6749-97
Decided: 1999-01-12
Caption: CATHERINE SCHNEBLE, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of a July 8, 1995 reduction in force (RIF), and a January 21, 1995 decision appointing someone other than appellant to a title she held before it was reclassified under the Civil Service Act, N.J.S.A. 11A:1-1 to -12.6, and regulations promulgated thereunder. Appellant requested a hearing and the matter was transmitted to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. A hearing was conducted on December 3, 1998, and the record closed on December 18, 1998, with receipt of post-hearing memoranda. The questions presented are whether respondent's decisions regarding the July 8, 1995 RIF and the January 21, 1995 title reclassification are marked by bad faith.

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Docket No.: csv799-98
Decided: 1998-12-31
Caption: RONNIE LANGSTON, v. ALBERT C. WAGNER YOUTH CORRECTIONAL FACILITY , DEPARTMENT OF CORRECTIONS,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE Appellant, Ronnie Langston, Sr. Correction Officer, appeals from a fifteen-day suspension, on charges of striking an inmate in the face.

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Docket No.: edu08619-97
Decided: 1998-01-14
Caption: BOARD OF EDUCATION OF THE TOWNSHIP OF LACEY, OCEAN COUNTY, v. BRIAN YATAURO,
Judge: JEFF S. MASIN,
Summary:
The Board of Education of the Township of Lacey, Ocean County (“Board”) certified tenure charges against Brian Yatauro (“Yatauro”), a tenured teaching staff member. The charges were transmitted to the Commissioner of Education (“Commissioner”) on September 18, 1997. The Commissioner transferred the matter to the Office of Administrative Law (“OAL”) 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. A prehearing conference was conducted on January 7, 1998, and a prehearing order was issued on January 22, 1998. Hearings commenced on June 22, 1998, and continued for 13 non-consecutive days, with testimony and closing summations occurring on November 30, 1998, on which date the record closed.1 The allegations against Mr. Yatauro, who until his suspension with pay on March 27, 1996, pending the resolution of a criminal allegation had served as a band director and music instructor at Lacey Township High School (“Lacey”) for approximately six years, revolve around his purported improper relationship with E.K. (hereinafter often referred to as “E.”), who was a student at Lacey during the school years 1993-94 and 1996-97. The Board contends that Yatauro developed an inappropriately close relationship with Ms. K., far beyond that appropriate for a teacher in relation to a student, and further contends that the relationship became sexual in nature. Mr. Yatauro was indicted on charges relating to the alleged sexual component of the relationship. His suspension was modified by the Board at the time of his indictment to a suspension without pay, pursuant to N.J.S.A. 18A:6-8.3. He was eventually acquitted following a jury trial in 1997, prior to the Board's certification of tenure charges. Ms. K. has since graduated and is now a college student.

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Docket No.: edu3149-98
Decided: 1998-12-30
Caption: CAROL RIEGEL, v. BOARD OF EDUCATION OF THE TOWNSHIPOF BERKELEY HEIGHTS, UNION COUNTY,
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE Petitioner Carol Riegel filed this petition on or about February 2, 1998, alleging that Respondent Berkeley Heights Board of Education has denied her tenure rights under N.J.S.A. 18A:28-5 and N.J.S.A. 18A:13-64. The Board filed an answer on or about February 24, 1998, asserting that the allegations, even if true, did not constitute a cause of action.

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Docket No.: edu3173-97
Decided: 1999-01-08
Caption: STATE OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK, v. LUCY LESTER,
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE Petitioner, the State Operated School District of the City of Newark, (the District) filed charges alleging conduct unbecoming a public school teacher, against Respondent, Lucy Lester, on October 30, 1996. Respondent was served, on the same day, with a copy of the charges, the supporting documentation, and written notice of her right to submit a written State of Position and State of Evidence relative to the charges within 15 days of receipt.

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Docket No.: edu3961-97
Decided: 1998-12-22
Caption: STATE OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK, v. VICTORIA JAKUBIAK,
Judge: DIANA C. SUKOVICH,
Summary:
PROCEDURAL HISTORY The State-operated School District of the City of Newark (petitioner or District) certified tenure charges against Victoria Jakubiak (Jakubiak or respondent). Respondent requested a hearing, and the State Department of Education (DOE) transmitted the matter to the Office of Administrative Law on April 21, 1997 for determination as a contested case pursuant to N.J.S.A. 52:14F-1 to -13.

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Docket No.: edu5140-97
Decided: 1998-12-10
Caption: KAREN NATAPOFF, v. STATE-OPERATED SCHOOLDISTRICT OF JERSEY CITY,
Judge: BEFORE: KEN R. SPRINGER,
Summary:
Statement of the Case This is an appeal by a teacher from the decision of the State-Operated School District of Jersey City (“District”) to withhold her salary increment for the 1996-97 academic year under N.J.S.A. 18A:29-14.

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Docket No.: hea8690-98
Decided: 1998-12-16
Caption: NEW JERSEY HIGHER EDUCATIONASSISTANCE AUTHORITY v. MARY E. HOBLEY,
Judge: BEFORE: JOHN R. FUTEY,
Summary:
STATEMENT OF THE CASE In this matter petitioner, the New Jersey Higher Education Assistance Authority (“Authority”), seeks to impose an administrative wage garnishment against respondent Mary E. Hobley (“Hobley”) due to defaulted student loans, pursuant to the provisions of 20 U.S.C.A. § 1095 (a) et seq.

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Docket No.: hlb1236-97
Decided: 1998-12-09
Caption: THE GENERAL HOSPITAL CENTERAT PASSAIC, v. NEW JERSEY DEPARTMENTOF HEALTH AND SENIOR SERVICES,
Judge: ELINOR R. REINER,
Summary:
On April 27, 1994, the Commissioner of Health and Senior Services, Len Fishman, issued a call inviting certificate of need applications for the establishment or expansion of home health agencies. By letter dated November 27, 1996, Commissioner Fishman informed petitioner that he was granting the application submitted by Valley Home Care and that he was denying the applications submitted by Visiting Nurse Association of Morris, General Hospital Center at Passaic (GHCP) and Olsten Kimberly Qualitycare. By letter dated December 23, 1996, petitioner requested a hearing with respect to the Commissioner's decision. On January 15, 1997, this matter was transmitted to the Office of Administrative Law (OAL) for hearing 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. The matter was assigned to the undersigned judge on February 27, 1997, and a telephone prehearing conference was scheduled for May 5, 1997. During the prehearing conference the issues were isolated and a hearing was scheduled for March 5, 1998, at the OAL, 185 Washington Street, Newark, New Jersey. The parties indicated an intent to settle the form of the record and file cross-motions for summary decision. On May 26, 1998, I ordered the record established for purposes of the motions, and a motion schedule was set.

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Docket No.: hlt11574-98
Decided: 1998-12-22
Caption: New Jersey DEPARTMENT OFHEALTH AND SENIOR SERVICES, v. M & D LABORATORY, INC.,
Judge: EDITH KLINGER,
Summary:
On November 19, 1998, the Commissioner of the Department of Health and Senior Services (DHSS) issued an Order of Summary Suspension of License and Notice of Proposed Revocation of License to M & D Laboratory, Inc. (M & D) pursuant to the New Jersey Clinical Laboratory Improvement Act, N.J.S.A. 45:9-42.26 et seq., specifically N.J.S.A. 45:9-42.41. On December 11, 1998, the Commissioner transmitted the matter to the Office of Administrative Law (OAL) for emergent hearing 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. The matter was scheduled for December 17, 1998 and assigned to the undersigned for hearing. The record closed on December 18, 1998 at the close of testimony.

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Docket No.: hlt4808-98
Decided: 1998-12-30
Caption: DEPARTMENT OF HEALTHAND SENIOR SERVICES, v. MEDIPLEX REHAB OF CAMDEN,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter arises from a Notice of Proposed Assessment of Penalties dated May 4, 1998 against respondent for alleged licensure violations found during petitioner's inspection visit on December 8, 1997. Respondent is charged with failing to provide a safe and functional environment for its resident, in violation of N.J.A.C. 8:39-31.1(e)2, and failing to implement the maintenance policy that beds will be inspected twice a year, in violation of N.J.A.C. 8:39-41.2(c)(e). Pursuant to N.J.S.A. 26:2H-13 on May 28, 1998 respondent requested a hearing on the proposed assessment of penalties.

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Docket No.: puc699-98
Decided: 1999-01-05
Caption: IN THE MATTER OF THE PETITION OFNEW JERSEY AMERICAN WATER COMPANY,INC., FOR AN INCREASE IN RATES FOR WATERAND SEWER SERVICE AND OTHER TARIFFMODIFICATIONS
Judge: LOUIS G. McAFOOS,
Summary:
t/a: On January 12, 1998, New Jersey American Water Company, Inc. (“the company”) filed a petition with the Board of Public Utilities (“Board” or “BPU”) seeking permission to increase rates for water and sewer service. The petition also sought permission for the Company to adopt: (a) a Commodity/Demand Service Rate Schedule for sale for resale customers; (b) an initiation of service charge; (c) a Service Line Improvement Loan Program; (d) a Distribution System Improvement Charge; and (e) a change in billable units for General Metered Service so that billable units could be either in 1,000 or 100 gallons or 100 or 10 cubic feet. Finally, the petition sought a determination by the Board that when customer usage is obtained through an electronic (“encoder”) read, the customer usage shall be an actual meter reading pursuant to N.J.A.C. 14:3-7.9(b). The company, which provides service to approximately 346,000 customers in 120 municipalities throughout 15 counties in the state of New Jersey, requested an increase in rates which, if granted in full, would increase total revenues by $29,894,474, or 13.2 percent.

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Docket No.: typ602-98
Decided: 1999-01-12
Caption: ELIZABETH CIMINO, v. PUBLIC EMPLOYEES'RETIREMENT SYSTEM,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of respondent's denial of petitioner's application for accidental disability retirement benefits, pursuant to N.J.S.A. 43:15A-1 to -141. Petitioner requested a hearing and the matter was transmitted to the Office of Administrative Law as a contested case, pursuant to N.J.S.A. 52:14F-1 to -13. A hearing was conducted on November 30, 1998, and the record closed on December 18, 1998, the due date of respondent's post-hearing submission. The questions presented are whether petitioner filed her application within five years of the original traumatic event and whether she was a member of the pension system at the time she filed.

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Docket No.: csv7616-96
Decided: 1998-12-22
Caption: LINDA SCANNAVINO, v. TOWNSHIP OF NORTH BERGEN,DEPARTMENT OF PUBLIC WORKS,
Judge: ARNOLD SAMUELS,
Summary:
Linda Scannavino was employed as a Clerk Typist in the Department of Public Works, Township of North Bergen. She was removed from her position, effective January 6, 1995, on charges. Ms. Scannavino appealed her removal to the Merit System Board, and on July 25, 1996 the matter was transmitted to the Office of Administrative Law (OAL) by the Department of Personnel, for hearing and determination as a contested case, pursuant to N.J.S.A. 52:14F-1 to 13. PROCEDURAL HISTORY

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Docket No.: caf4326-98
Decided: 1999-01-19
Caption: BUREAU OF CODE SERVICES, v. ABERNETHY ASSOCIATES, INC. andKERRY ABERNETHY,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Respondents (“Abernethy”) contest Notices of Suspension and Orders to Pay Penalty issued by respondent on March 9, 1998 for failure to have manometer at each of 2 work areas, failure to cover a floor penetration with 2 layers of Polyethylene sheeting, and failure to properly seal a pump in the containment area. Respondent Kerry Abernethy is charged as an asbestos safety technician (“AST”) in ASB-049-98 and respondent Abernethy Associates Inc. is charged as an asbestos safety control monitor (“ASCM”) in ASB-050-98.

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Docket No.: caf4834-98
Decided: 1999-01-08
Caption: MICHAEL AND KATHARINEFARINA v. BUREAU OF HOMEOWNER PROTECTION, NEW HOMEWARRANTY PROGRAM,DEPARTMENT OF COMMUNITYAFFAIRS,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioners appeal the determination of respondent not to establish a claim and denying petitioners' claim as untimely. Petitioners requested a hearing, and the matter was transmitted to the Office of Administrative Law (OAL) on June 18, 1998, for hearing as a contested case. The matter was scheduled for hearing on November 19, 1998. On that date, the hearing was held and concluded and the record closed. The record was reopened to permit the submission of copies of documents in evidence and was reclosed on November 30, 1998.

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Docket No.: caf9470-98
Decided: 1999-01-06
Caption: YVONNE LEWIS, v. DEPARTMENT OF COMMUNITY AFFAIRS,BUREAU OF HOUSING INSPECTIONAND COMMUNITY RESOURCES,
Judge: LINDA BAER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner Yvonne Lewis appeals the September 10, 1998 denial of her application for Homelessness Prevention assistance under N.J.S.A. 52:27D-280. Ms. Lewis filed a fair hearing request on September 17, 1998. The matter was transmitted to the Office of Administrative Law (OAL) on October 15, 1998. The matter was heard on October 27, 1998. The record was left open for the receipt of documents from petitioner. The documents were faxed to respondent by the undersigned administrative law judge on December 4, 1998.

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Docket No.: caf9485-98
Decided: 1998-12-14
Caption: PHYLLIS SHIDER, v. DEPARTMENT OF COMMUNITY AFFAIRS,BUREAU OF HOUSING INSPECTIONAND COMMUNITY RESOURCES,
Judge: LINDA BAER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner Phyllis Shiden appeals the August 25, 1998 denial of her application for Homelessness Prevention assistance under N.J.S.A. 52:27D-280. Ms. Shider filed a fair hearing request on September 17, 1998. The matter was transmitted to the Office of Administrative Law (OAL) on October 15, 1998. The matter was heard on October 27, 1998. The record was left open for the receipt of a letter from petitioner's landlord.

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Docket No.: cma11545-98
Decided: 1999-01-26
Caption: CHARLES E. WILLIAMS, v. KIA MOTORS OF AMERICA, INC.,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner Charles E. Williams on May 10, 1998, accepted delivery of a purchased 1998 Kia Sephia from Autoland in Spingfield, New Jersey. On December 4, 1998, the New Jersey Division of Consumer Affairs, Lemon Law Unit, accepted petitioner's application for the New Jersey Lemon Law Dispute Resolution System, pursuant to N.J.S.A. 56:12-29 to -49. Petitioner seeks recovery of the full purchase price of the vehicle for alleged nonconformities in the transmission, brakes and engine. Respondent Kia Motors of America, Inc. denies the allegations and seeks a dismissal of the complaint.

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Docket No.: crt403-98
Decided: 1999-01-11
Caption: RUTH K.GOLDSTEIN,Complainant, v. LEVINSON ASSOCIATES,REALTORS,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Complainant alleges discrimination in employment by respondent in violation of the New Jersey Law Against Discrimination (NJLAD) N.J.S.A. 10:5-1 to -42, based on her harassment and her termination on October 24, 1994, from her position as a sales associate because of her creed or ethnic background (Jewish) and reprisal. The matter was transmitted to the Office of Administrative Law (OAL) on January 23, 1998, for hearing as contested case. The matter was assigned to the undersigned Administrative Law Judge (ALJ) on March 19, 1998, and a telephone prehearing conference was scheduled for April 27, 1998. Following this, a prehearing order was entered on April 28, 1998. However, the attorneys requested that an additional prehearing telephone conference be scheduled in order that they could engage in certain discovery. An additional telephone prehearing conference was held on July 28, 1998, and following this, a final prehearing order was entered on August 4, 1998, settling the procedures to be followed in this matter and scheduling this matter for hearing on November 25,1998. On November 25, 1998, the hearing was held and at the conclusion of the hearing the record closed.

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Docket No.: csv12011-96
Decided: 1999-01-25
Caption: WAYNE KELLER, SR., v. NEW JERSEY STATE DEPARTMENTOF CORRECTIONS, BAYSIDESTATE PRISON,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Wayne Keller, Sr., appeals from a determination by the New Jersey State Department of Corrections (DOC) and Bayside State Prison (Bayside) to impose a 30 day suspension without pay and remove him from his classified employment position as a Senior Corrections Officer (CO).

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Docket No.: csv1542-98
Decided: 1999-01-19
Caption: Dean Frasier, v. State operated school districtof the city of newark,
Judge: EDITH KLINGER,
Summary:
Appellant, Dean Frasier, Laborer, Department of Resource Services, State-Operated School District of the City of Newark (District), was deemed to have resigned from his position not in good standing, pursuant to N.J.A.C. 4A:2-6.2(b). He was further charged with conduct unbecoming a public employee and other sufficient cause, pursuant to N.J.A.C. 4A:2-2.3(a)6 and 4A:2-2.3(a)11, respectively. As a result of the last two charges, he was subject to major disciplinary action, including removal, from his employment. Following a departmental hearing on April 8, 1997, he was found guilty of all three charges and removed from his position, effective May 7, 1997. On April 29, 1997, appellant requested a hearing and, on February 4, 1998, the Department of Personnel transmitted the matter to the Office of Administrative Law (OAL) 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. The hearing was held on December 15, 1998 and the record closed on that date.

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Docket No.: csv2002-98
Decided: 1999-01-27
Caption: LEONARD CARROLL, v. WOODBINE DEVELOPMENTAL CENTER,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE This is an appeal by Leonard Carroll, appellant, a Cottage Training Supervisor (CTS), appellant, from his suspension for ten days on the general charges of (a) insubordination and (b) abusive language to a supervisor.

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Docket No.: csv2545-98
Decided: 1999-01-06
Caption: MATTHEW GORDON, v. GARDEN STATE YOUTH CORRECTIONAL FACILITY
Judge: WALTER F. SULLIVAN,
Summary:
This matter began as a major disciplinary action in the form of a six-day suspension which the Garden State Correctional Facility imposed on SCO Gordon. Gordon appealed and the Merit System Board transmitted the matter to the Office of Administrative Law for disposition as a contested case. A hearing was held on January 6, 1999, and at the conclusion of the Facility's case counsel for Gordon moved for judgment citing various cases on the criminal side and also Castro v. Helmsley Spear, 150 N.J. Super. 160 (App. Div. 1977).

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Docket No.: csv2864-98
Decided: 1999-01-12
Caption: ALLEN WILLIAMS, v. MONMOUTH COUNTY,
Judge: ROBERT W. SCOTT,
Summary:
The appellant, Allen Williams, a diesel mechanic with the respondent appeals a ten-day suspension, which was issued on December 10, 1997. On December 19, 1997, the appellant filed an appeal with the Department of Personnel and on April 13, 1998, the matter was transmitted to the Office of Administrative Law for determination as a contested case. A settlement conference was conducted on July 29, 1998, and the matter could not be resolved. A hearing was conducted by the undersigned. It is alleged by the respondent that on November 10, 1997, the appellant was insubordinate to his supervisor, James Finnen. Specifically, it is alleged that on November 10, 1997, after Mr. Finnen had counselled the appellant and issued to the appellant a Supervisor's Summary of Counselling form, the appellant crumpled the form and threw it at his supervisor, hitting him on the arm.

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Docket No.: csv2976-98
Decided: 1998-12-21
Caption: SHEILA GREEN, v. NEW JERSEY STATE PRISON,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant, Sheila Green (“Green”) appeals her removal effective May 30, 1997 from the position of Senior Correction Officer (“SCO”) on charge of conduct unbecoming a public employee (N.J.A.C. 4A:2-2.3(a)(6) in maintaining a personal relationship with a parolee while serving as a Correction Officer.

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Docket No.: csv4082-98
Decided: 1999-01-19
Caption: HOWARD NELSON, v. MONMOUTH COUNTY,BRIDGE MAINTENANCE,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE This is an appeal by Howard A. Nelson, appellant, from his suspension from duties as a Bridge Repairer for ten days.

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Docket No.: csv4496-98
Decided: 1998-12-17
Caption: ROBERT SCOULER, v. CITY OF CAMDEN,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE respondent City of Camden brought disciplinary action against the appellant, a construction official. More particularly, the City made allegations including the following: Appellant ignored repeated requests by the director of the Department of Development and Planning for information and reports and appellant failed to produce and deliver monthly reports to the director of the Department of Development and Planning. The City contends that the appellant is guilty of insubordination and neglect of duty and that he should be suspended without pay for 30 days. N.J.A.C. 4A:2-2.3.

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Docket No.: abc00068-98
Decided: 1999-01-05
Caption: DIVISION OF ALCOHOLIC BEVERAGE CONTROL, v. VERNA BOWL, INC. T/A TKACZSKING PIN LANES, 6622 BLACKHORSE PIKE, EGG HARBORTOWNSHIP, NEW JERSEY 08232
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The New Jersey Division of Alcoholic Beverage Control (ABC or Division) alleges that respondent, Verna Bowl, Inc., t/a Tkaczs King Pin Lanes failed to have available for inspection its long or short form application for its current license and, that it allowed the consumption of alcoholic beverages by two underage individuals.

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Docket No.: edu1829-98
Decided: 1999-01-19
Caption: IN THE MATTER OFTHE DISQUALIFICATION FROM SCHOOL EMPLOYMENT OFJ. W.
Judge: ARNOLD SAMUELS,
Summary:
This is an appeal by the petitioner, J.W., from a determination by respondent, the Office of Criminal History Review, New Jersey Department of Education, that petitioner was disqualified from further employment as a school bus driver, because a criminal history record review revealed that on March 10, 1992 she had been convicted of possession of drug paraphernalia.

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Docket No.: edu1839-98
Decided: 1999-01-22
Caption: CHERYL B. PICCOLI and ROBERT E. PICCOLI,s, v. BOARD OF EDUCATION OF THERAMAPO INDIAN HILLS REGIONALSCHOOL DISTRICT, BERGEN COUNTY,
Judge: ELINOR R. REINER,
Summary:
Prior to this date I received a motion for summary decision filed by respondent; I received petitioner's response to it and respondent's reply. The following constitutes my determination on the motion.

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Docket No.: edu7608-97
Decided: 1999-01-20
Caption: BYRAM BUS LINES, INC., v. BOARD OF EDUCATION OF THEBOROUGH OF MOUNT ARLINGTON,MORRIS COUNTY,
Judge: ELINOR R. REINER,
Summary:
Byram submitted a brief in support of its motion for summary decision on January 20, 1998. On February 17, 1998, the Board submitted a brief in opposition to Byram's motion and in support of its cross-motion for summary decision. Thereafter, I rendered a decision denying both Byram's and the Board's motions for summary decision. At some point during or after July 1998, the Board allegedly renewed its contract with Ryder for an additional one-year term. On August 20, 1998, the Board again moved for summary decision and a brief was submitted by Byram on August 31, 1998. The motion was denied on the record on September 14, 1998, and the matter proceeded to hearing on that date. Witnesses who testified and documents considered in deciding this case are listed in the attached appendix. The record closed after the submission of briefs.

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Docket No.: edu9513-97
Decided: 1998-12-28
Caption: CHARLES FREYBERGER, v. BOARD OF EDUCATION OFTHE TOWNSHIP OF SCOTCHPLAINS-FANWOOD, UNIONCOUNTY,
Judge: RICHARD McGILL,
Summary:
Charles Freyberger (petitioner) filed a petition with the Commissioner of Education seeking relief from a determination by the Board of Education of the Township of Scotch Plains-Fanwood (respondent) to withhold his increment for the 1997-98 school year. Respondent now moves to dismiss on the grounds that the petition is time-barred under the ninety-day limitation set forth at N.J.A.C. 6:24-1.2(c). PROCEDURAL HISTORY

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Docket No.: hdd7895-96
Decided: 1999-01-22
Caption: IN THE MATTER OFRONALD GANTT
Judge: IRENE JONES,
Summary:
Petitioner, Ronald Gantt, appeals the decision of the respondent, the Division of Developmental Disabilities, (Division) that deemed him ineligible for services. After a departmental hearing, the matter was transmitted to the Office of Administrative Law on August 13, 1996, for hearing as a contested case. N.J.S.A. 52:14B-1 to 15 and N.J.S.A. 52:14F-1 to 13.

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Docket No.: hlt4344-98
Decided: 1999-01-21
Caption: CARRIAGE HOUSE MANOR, INC. v. DEPARTMENT OF HEALTH ANDSENIOR SERVICES,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Carriage House Manor, Inc. (“Carriage House Manor”), appeal respondent's, Department of Health and Services (“Department”), denial of Medicaid payment for Long Term Care Services on 3 accounts because of “untimely re-submission of claims.”

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Docket No.: typ5706-98
Decided: 1999-01-12
Caption: ON REMAND FROMESTATE OF GEORGE TOMKO, v. PUBLIC EMPLOYEES' RETIREMENT SYSTEM,
Judge: R. JACKSON DWYER,
Summary:
In my (OAL Dkt. No. TYP 9130-96, dated March 31, 1998), I wrote: I CONCLUDE that under N.J.S.A. 17B:27-21, George Tomko's' 31-day conversion period in N.J.S.A. 17B:27-24, is extended up to 60 days because notice of conversion was not given. Since George Tomko voluntarily resigned on September 1, 1988, the combined 31 and 60-day extended periods of his conversion rights did not expire until after George Tomko's death on November 23, 1998. Therefore, under N.J.S.A. 17B:27-21, George Tomko was still covered by his group life policy.

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Docket No.: atg4482-99_1
Decided: 1999-06-16
Caption: BURLINGTON COUNTY GOP, v. CARMEN S. ZARELLI,
Judge: ROBERT W. SCOTT,
Summary:
On June 8, 1999, the respondent filed as a Reformed Party candidate a Petition of Nomination for the General Election, for the General Assembly, in the 7th Legislative District, with the New Jersey Division of Elections. On June 11, 1999, Glenn Paulsen, Chairman of the Burlington County Republican Committee, filed a challenge to the respondent's Petition. On June 15, 1999, the matter was transmitted to the Office of Administrative Law as a contested case and a hearing was scheduled for June 16, 1999, at 10 a.m., in the Office of the Superintendent of Elections, in Burlington County. Prior to the start of the hearing, counsel for the petitioner and the respondent reviewed the objection of the petitioner and the respondent agreed that without further proceedings he was willing to accept the challenge of the petitioner. The challenge of the petitioner alleged that of the 140 signatures on the 5 books of the respondent's Petition, it contained 44 signatures of individuals who were not registered to vote in the 7th Legislative District. Further, the petitioner alleged that 12 signatures of the 140 signatures on the respondent's Petition were of individuals not living in the 7th District.

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Docket No.: caf5068-98_1
Decided: 1999-06-11
Caption: DEPARTMENT OF COMMUNITY AFFAIRS,BUREAU OF CODE SERVICES, v. ENVIROVISION CONSULTANTS, INC. ANDRAMON LESTON,
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE These five matters relate to alleged violations of and/or noncompliance with the sections of N.J.A.C. 5:23-8 relating to the responsibilities of Asbestos Safety Control Monitors (ASCM) and the duties of Asbestos Safety Technicians (AST) regarding asbestos removal. The case bearing OAL Dkt. No. CAF 5068-98 was transmitted to the Office of Administrative Law (OAL) by the Department of Community Affairs (DCA) on May 19, 1998; OAL Dkt. No. CAF 5301-98 was transmitted on June 3, 1998; OAL Dkt. Nos. CAF 5746-98, CAF 5774-98 and CAF 5792-98 were all transmitted on June 30, 1998, in accordance with N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13.

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Docket No.: csv3067-98
Decided: 1999-01-08
Caption: KAREN LEE, v. DEPARTMENT OF CORRECTIONS,NORTHERN STATE PRISON,
Judge: RICHARD McGILL,
Summary:
Karen Lee (appellant) appeals from a removal on charges from the position of head clerk bookkeeper at Northern State Prison in the New Jersey Department of Corrections (respondent). The charges against appellant are: (1) falsification: intentional misstatement of material fact in connection with work, employment application, attendance or in any record, report, investigation or other proceeding, (2) misuse of public property, and (3) conduct unbecoming a public employee.

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Docket No.: bki476-98
Decided: 1999-01-13
Caption: WILFREDO G. MASECAMPO, v. PRUDENTIAL INSURANCE COMPANY,
Judge: BRUCE R. CAMPBELL,
Summary:
Wilfredo G. Masecampo, petitioner, appeals a decision by the Prudential Insurance Company, respondent, that he is no longer an eligible person as that term is defined at N.J.A.C. 11:3-34.4. The Prudential Insurance Company noticed Masecampo of nonrenewal and he timely appealed. The petitioner filed the appropriate Declination Appeal, a sworn statement disputing the Prudential assertion that he was at fault in three accidents and incurred fifteen points, a three-year driver history abstract, a police report and diagram relating to a May 19, 1997 accident and two photographs relating to an August 14, 1997 accident. The New Jersey Department of Insurance transmitted the matter to the Office of Administrative Law for determination as a contested case pursuant to N.J.S.A. 52:14F-1 through -13. The matter was docketed and, after each party received one adjournment, the matter was heard on January 4, 1999, at the Office of Administrative Law, Trenton.

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Docket No.: caf4012-98
Decided: 1999-01-19
Caption: BUREAU OF CODE SERVICES, v. ABERNETHY ASSOCIATES, INC.,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Respondents (“Abernethy”) contest Notices of Suspension and Orders to Pay Penalty issued by respondent on January 29 1998 (Agency No. ASB-030-98) alleging failure of Abernethy to notify the Department of Community Affairs (“Department”) through its Bureau of Code Services (“BCS”) Asbestos/Lead Unit 10 days prior to Abernethy commencing an Asbestos Abatement project at Orange, New Jersey, and the Notice of Suspension and Order to Pay Penalty issued by respondent on February 6, 1998 (Agency No. ASB-038-98) alleging failure of Abernethy to file quarterly report of asbestos safety control monitoring activities during the third quarter of 1997.

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Docket No.: cma10534-98
Decided: 1999-02-04
Caption: DONALD M. MC CLINTOCK, v. NISSAN MOTOR CORPORATIONUSA,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE Petitioner, Donald M. McClintock, moves here for a remedy under the Lemon Law, N.J.S.A. 56:12-29 through -49 (the Act), for defects or conditions alleged as substantially impairing the use, value or safety of his 1998 blue Nissan truck 2W P/U.

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Docket No.: cma10600-98
Decided: 1999-01-25
Caption: ROBERT and DAWN APONTE,s, v. NISSAN MOTORS CORPORATION,
Judge: BEFORE: BRUCE R. CAMPBELL,
Summary:
Robert and Dawn Aponte, petitioners, purchased a 1997 Nissan Altima automobile, VIN 1N4BU31DXVC256030, on August 27, 1997, from Sansone's Route 66 Auto Mall. On July 16, 1998 the petitioners filed a Lemon Law Dispute Resolution Application. The Lemon Law Unit accepted the request, the petitioners paid the required filing fee and the matter was transmitted to the Office of Administrative Law for determination as a contested case pursuant to N.J.S.A. 52:14F-1 through -13. The matter was heard on October 20, 1998 at the Office of Administrative Law, Trenton. The record closed on October 22, 1998. On November 6, 1998 an issued denying the petition. The Director of the Division of Consumer Affairs remanded for a determination whether the defect described by the petitioners existed based on an assessment of the petitioners' credibility. Christelles v. Nissan Motor Corp., 305 N.J. Super. 222 (App. Div. 1977). On December 8, 1998 the judge wrote to counsel and invited further written argument. Counsel promptly responded and the record closed on December 23, 1997.

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Docket No.: cma10735-98
Decided: 1999-01-25
Caption: PETER DOVIAK, v. CHRYSLER MOTOR CORPORATION,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE petitioner (the consumer) alleges that his motor vehicle suffers from a “nonconformity,” i.e., an annoying noise at high speeds, that substantially impairs the use, value and/or safety of the vehicle. Pursuant to the “Lemon Law,” he demands remedies including the refund of amounts paid for the vehicle. N.J.S.A. 56:12-29 to -49.

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Docket No.: crt2255-97
Decided: 1999-01-07
Caption: ANNE CHUILLI,Complainant, v. YACKER & GRANATA, P.C., ANDLOUIS E. GRANATA,
Judge: STEVEN C. REBACK,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter was instituted by the complainant, Anne Chuilli, with the filing of a verified complaint before the Division on Civil Rights (the Division) on March 9, 1994. Ms. Chuilli alleges that the respondents, Stanley Yacker and Louis E. Granata, a law firm, and professional corporation, recently dissolved, was guilty of violating Ms. Chuilli's rights under the New Jersey Law Against Discrimination (LAD) N.J.S.A. 10:5-1 to -42. More specifically, Ms Chuilli alleges that Louis E. Granata, individually, discriminated against her, in her employment as his legal secretary, by constructively and/or actually terminating her from her employment, effective on or about December 3, 1993, based, upon unlawful gender discrimination. She contends that after she informed Mr. Granata, on or about October 29, 1993, of her pregnancy, sometime in mid-November of that year, she was given notice and terminated and that termination was causally connected, at least in part, to her pregnancy. Termination was to be effective December 3, 1993; Ms. Chuilli left the previous day.

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Docket No.: csv10079-97
Decided: 1999-01-22
Caption: CARMEN SALTER, v. DEPARTMENT OF CORRECTIONS,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of respondent's decision to dismiss appellant from her position as a senior correction officer (SCO) for reasons of mental incapacity and absenteeism, pursuant to the Civil Service Act, N.J.S.A. 11A:1-1 to -12.6, and regulations promulgated thereunder. Appellant requested a hearing and the matter was transmitted to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. A hearing was conducted on October 8 and December 22, 1998, after which the record closed.

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Docket No.: csv10264-98
Decided: 1999-01-26
Caption: RAYMOND SCOTT FREESE, v. DEPARTMENT OF CORRECTIONS,
Judge: SOLOMON A. METZGER,
Summary:
This matter is in the Office of Administrative Law on remand from the Merit System Board (MSB). In an October 22, 1998, decision, the MSB adopted the findings and conclusions of a July 29, 1998, (Id.1) insofar as charges of unbecoming conduct and a 30-day suspension were dismissed against appellant. However, the MSB sought clarification regarding my recommendation to sustain appellant's release at the end of a working test period for the position of correction lieutenant. In a telephone conference of December 22, 1998, counsel indicated that no additional argument or testimony was necessary and the record closed. The MSB's concerns appear to be threefold. While respondent's allegation that appellant came to work in an intoxicated state was rejected, its decision to release him at the end of a working test period was upheld on the same facts. This requires some further discussion. Further, the MSB does not feel that Id.1 adequately addressed appellant's contention that he failed to receive timely and adequate progress reports. Finally, the MSB notes that a January 21, 1997, incident is mentioned in the record as an additional basis for appellant's unsatisfactory rating (R-6), but is not reflected in Id.1.

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Docket No.: csv1857-98
Decided: 1999-01-22
Caption: JANINE WATTS, v. BUREAU OF PAROLE, DO #5
Judge: ARNOLD SAMUELS,
Summary:
The appellant, Janine Watts, was a Senior Parole Officer in the Bureau of Parole, State Department of Corrections. She was suspended for fifteen days, on disciplinary charges. Ms. Watts appealed the suspension to the Merit System Board.

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Docket No.: csv2678-98
Decided: 1999-01-28
Caption: MAX WALLENBURG, v. CAMDEN COUNTY,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter arises out of a general layoff instituted by respondent, Camden County, pursuant to the Civil Service Act (“Act”). Appellant is an aggrieved party who sought review of the layoff before the Merit System Board. On April 3, 1998 this matter was transmitted to the Office of Administrative Law for hearing as a contested case pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 14F-1 to -13. A telephone conference of the parties was conducted on June 25, 1998 at which time it was agreed that the hearing of this matter and the appeal of the layoff of Ira Rochelle (OAL DKT. NO. CSV 2682-98) would be held concurrently as if consolidated because the same general layoff plan was in issue, both appellants were represented by the same attorney, and there would be a saving in time, expense and duplication. The hearing were scheduled for September 22, 1998 at Mercerville, New Jersey, and were begun on that date. The hearings were continued to November 24, 1998 and concluded on that date. Counsel were permitted to submit final arguments. Upon receipt of respondent's reply memorandum the hearing records closed on December 21, 1998. Witnesses who testified and exhibits admitted into the hearing records are listed in the appendix.

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Docket No.: csv2682-98
Decided: 1999-02-02
Caption: IRA ROCHELLE, v. CAMDEN COUNTY,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter arises out of a general layoff instituted by respondent, Camden County, pursuant to the Civil Service Act (“Act”). Appellant is an aggrieved party who sought review of the layoff before the Merit System Board. On April 3, 1998 this matter was transmitted to the Office of Administrative Law for hearing as a contested case pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 14F-1 to -13. A telephone conference of the parties was conducted on June 25, 1998 at which time it was agreed that the hearing of this matter and the appeal of the layoff of Max Wallenburg (OAL DKT. NO. CSV 2678-98) would be held concurrently as if consolidated because the same general layoff plan was in issue, both appellants were represented by the same attorney, and there would be a saving in time, expense and duplication. The hearing were scheduled for September 22, 1998 at Mercerville, New Jersey, and were begun on that date. The hearings were continued to November 24, 1998 and concluded on that date. Counsel were permitted to submit final arguments. Upon receipt of respondent's reply memorandum the hearing records closed on December 21, 1998. Witnesses who testified and exhibits admitted into the hearing records are listed in the appendix.

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Docket No.: csv2861-98
Decided: 1999-02-05
Caption: DEBORAH A. CREGGER, v. SALEM COUNTY BOARD OFSOCIAL SERVICES,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant, Deborah A. Cregger, appeals from a determination by the respondent, Salem County Board of Social Services (agency) to terminate her from her classified position as Senior Clerk Typist. The agency alleges, among other things, that appellant was in violation of its Residency Policy, which required all agency employees to reside in the County of Salem.

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Docket No.: bds02242-98
Decided: 1999-02-01
Caption: PETER VERNIERO,ATTORNEY GENERAL OFNEW JERSEY,Complainant, v. ROBERT WINEGARDEN, D.M.D.,
Judge: JEFF S. MASIN,
Summary:
The Attorney General of New Jersey, as the statutorily designated complainant, charges in a six count complaint filed with the State Board of Registration and Examination in Dentistry Board of Dentistry (“Board of Dentistry” or “Board”) that Robert Winegarden, D.M.D., a dentist subject to licensure by the Board, violated the requirements and duties incumbent upon a licensed dental practitioner in this State through conduct which constituted gross negligence, gross malpractice, repeated acts of malpractice, incompetence, failure to follow record keeping regulations prescribed by the Board, and indiscriminate prescription of controlled dangerous substances (“CDS”), in violation of N.J.S.A. 45:1-21(c); 45:6-7(d); 45:1-21(d); N.J.A.C. 13:30-8.7 and N.J.S.A. 45:1-13, all of which conduct allegedly constituted professional misconduct in violation of N.J.S.A. 45:1-21(e). In addition, the Attorney General charges that Dr. Winegarden failed to follow the applicable standards for licensed dental professionals in regard to the proper sterilization techniques for dental instruments and employed improper and inadequate equipment for that task and, further, practiced dentistry without properly renewing his dental license, state CDS registration and federal Drug Enforcement Agency (“DEA”) registration, acts also purportedly constituting professional misconduct in violation of N.J.S.A. 45:1-21(e) and N.J.S.A. 45:6-10. Finally, the complaint alleges that Dr. Winegarden was convicted of the third degree crime of theft by failure to make required disposition of property received, a violation of N.J.S.A. 2C:20-9, which the complainant asserts constitutes a crime of moral turpitude, conviction of which establishes that he has failed to maintain the good moral character required for licensure under N.J.S.A. 45:6-7(b) and therefore is subject to the suspension or revocation of his license pursuant to N.J.S.A. 45:1-21(f) and N.J.S.A. 45:6-7(b). In addition to the possible suspension or revocation of the Doctor's license, the complainant seeks additional monetary penalties, restitution of fees paid by patients, costs of the investigation and other just and equitable relief. The Attorney General filed his complaint with the Board on December 29, 1997. The Board transferred the contested case to the Office of Administrative Law (“OAL”) on March 9, 1998. A prehearing conference was conducted on April 22, 1998, and a prehearing order was issued on April 22, 1998. A motion for partial summary decision was filed by the Attorney General prior to the initial hearing date and arguments thereon were heard during hearings which were held on September 14, 17 and 18 and December 10, 1998. Closing arguments were presented on December 18, 1998, at which time the record closed.

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Docket No.: csv3378-98
Decided: 1998-12-23
Caption: JAMES CAINE, v. GREYSTONE PARK PSYCHIATRICHOSPITAL,
Judge: THOMAS R. VENA,
Summary:
STATEMENT OF THE CASE

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Docket No.: csv945-98
Decided: 1999-01-07
Caption: FRED NWOSU-EKE, v. TRENTON PSYCHIATRICHOSPITAL,
Judge: STEVEN C. REBACK,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This is an appeal by the appellant, Fred Nwosu-Eke, from his removal effective June 18, 1997, from his position as a Human Services Technician with the Trenton Psychiatric Hospital (TPH), on charges. Those charges were memorialized in a Preliminary Notice of Disciplinary Action issued on June 19, 1997. Mr. Nwosu Eke was charged with physical abuse of a patient; mistreatment of a patient and violation of administrative procedures involving safety and security. The specifications to the charges are as follows:

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Docket No.: csv974-98
Decided: 1999-01-25
Caption: ROBERT GREDONE, v. DEPARTMENT OFCORRECTIONS,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter concerns the appeal of Robert Gredone (hereinafter appellant) from the determination of the Department of Corrections (hereinafter respondent) removing him from his position, Supervisor Regional Food Services, effective May 9, 1997, on charges. By Preliminary Notice of Disciplinary Action, dated January 3, 1996, respondent notified appellant of the following charges and specifications: CHARGES:

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Docket No.: eds1003-99
Decided: 1999-01-28
Caption: SOUTH ORANGE-MAPLEWOODBOARD OF EDUCATION, v. D.C.,
Judge: LINDA BAER,
Summary:
This application is for emergency relief pursuant to N.J.A.C. 1:1-12.1. Pursuant to that request, the matter was heard as an emergent application on January 19, 1999. Petitioner seeks a determination: (1) that D.C. is eligible for special education under the emotionally disturbed category; (2) an order compelling K.C. to participate in the preparation of an IEP for D.C.; and (3) denying a claim for independent evaluation of the child D.C. Emergency relief is appropriate if the administrate law judge determines from the proofs that: (1) The applicant has a reasonable probability of ultimately prevailing on the merits;

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Docket No.: eds11272-98
Decided: 1998-12-30
Caption: ROXBURY TWP. BOARD OF EDUCATION, v. K.S.,
Judge: THOMAS R. VENA,
Summary:
STATEMENT OF THE CASE This matter arises under the Individuals with Disabilities Education Act, 20 U.S.C.A. s 1400 to -1485, (IDEA), the state statutes covering the educational rights of children with disabilities, N.J.S.A. 18A:46-1 to -46 and the corresponding federal and state regulations, 34 C.F.R. §300.1 to -300.754, and N.J.A.C. 6A:14-1.1 to 10.2.

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Docket No.: eds3106-98
Decided: 1999-02-05
Caption: P.D. AND MRS. C.D. ON BEHALFOF C.D.,s, v. PARSIPPANY-TROY HILLSBOARD OF EDUCATION,
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE Petitioners in this case are the parents of an emotionally disturbed young woman who, they allege, has been deprived of her guaranteed free appropriate public education on account of gross violations of statute and regulation by the Respondent School District.

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Docket No.: edu1370-98
Decided: 1999-01-29
Caption: STATE-OPERATED SCHOOL DISTRICT OFTHE CITY OF NEWARK, ESSEX COUNTY, v. NEW JERSEY STATE DEPARTMENT OFEDUCATION, DIVISION OF FINANCE,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner State-Operated School District of the City of Newark (District or Newark) challenges the determination made by the New Jersey Department of Education, Division of Finance (Division) that Newark is the responsible district for the year 1996-97 for the educational cost of placement of a student known as D.W. The Division made the final determination on July 30, 1997, that Newark was the district of residence for D.W. at the time of the initial placement with DYFS. On November 3, 1997, the District filed a petition of appeal with the Commissioner of Education challenging this decision.

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Docket No.: hlt8907-98
Decided: 1999-01-27
Caption: 1998DEPARTMENT OF HEALTH ANDSENIOR SERVICES, PAAD, LIFELINEAND SPECIAL BENEFIT PROGRAMS, v. M.C.,
Judge: WALTER F. SULLIVAN,
Summary:
The respondent was denied benefits under the Pharmaceutical Assistance to the Aged (PAAD) Program for 1998, because her 1997 income exceeded the limits set by the program. The petitioner requested a hearing and the agency characterized the matter as a contested case and transmitted it to the Office of Administrative Law for disposition pursuant to the Administrative Procedure Act. A hearing was held on December 18, 1998, at which time I invited further submissions on the issues in controversy no later than January 22, 1999. There were no such submissions and the record closed on that date. The parties stipulate the arithmetic accuracy of the petitioner's exhibit concerning its program limitations and the 1997 income accorded by Ms. C., in her application for pharmacy assistance. The agency does not charge any dishonesty on the part of Ms. C., but Ms. C. puts in issue how her 401K funds could be deemed 1997 income under the factual circumstances of this case. Specifically, the agency does not stipulate the account given by Ms. C., but does not controvert it either. Ms. C. testified that she was gainfully employed in the early 1990's, in a law firm which withheld salary from her compensation to put into a 401K account. These funds were not taxable at that time. After leaving employment, Ms. C. testified that she borrowed money from Fidelity Bank, and pledged the 401K funds to secure the loan. Ms. C., for whatever reason, defaulted on the loan by missing a stated number of payments. Fidelity accelerated the payment responsibilities and when these were not met Ms. C. found that her 401K funds had been taken by the lender.

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Docket No.: hlt907-98
Decided: 1999-02-03
Caption: ANTONIO TRENTACOSTE, v. DEPARTMENT OF HEALTH AND SENIORSERVICES, PHARMACEUTICAL ASSISTANCETO THE AGED AND DISABLED,
Judge: IRENE JONES,
Summary:
PROCEDURAL HISTORY

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Docket No.: lid6449-98
Decided: 1999-01-28
Caption: MICHAEL R. ONLY, v. PEPSI/B.D.C.I.,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter involves the appeal of Michael R. Only (hereinafter appellant) from the decision of Paul A. Kapalko, Director/Chief Judge of the Division of Worker's Compensation, determining appellant's complaint pursuant to N.J.S.A. 39:15-39.1 to be unfounded. Appellant was advised of Judge Kapalko's decision by letter dated May 27, 1998. By letter dated June 6, 1998 and received by the Department of Labor on June 8, 1998, appellant requested a hearing to contest the determination and on July 28, 1998, the matter was transmitted to the Office of Administrative Law for determination as a contested case pursuant to N.J.S.A. 52:14F-1 to -13.

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Docket No.: typ00592-98
Decided: 1999-02-08
Caption: JULIE BAECHLE, v. BOARD OF TRUSTEES OF THEPUBLIC EMPLOYEES'RETIREMENT SYSTEM,
Judge: JEFF S. MASIN,
Summary:
Julie Baechle, a member of the Public Employees' Retirement System, filed an application for ordinary disability retirement with the respondent Board of Trustees (“Board”) on May 31, 1997, with an effective date of September 1, 1997. The Board voted to deny her application, contending that she was not permanently and totally disabled from her regular and assigned duties as an Auditor I with the Department of the Treasury. She requested a hearing to challenge the Board determination. The Board transferred the contested case to the Office of Administrative Law (“OAL”) on February 2, 1998. A prehearing conference was held on May 6, 1998, and hearings were conducted on October 21 and 22, 1998. Counsel filed briefs and closing statements, which were delayed by requested extensions. The last reply brief was received on January 18, 1999, at which time the record closed. The sole issue to be determined is whether the preponderance of the credible evidence supports the petitioner's application by establishing that she is permanently and totally disabled from performing the regular and assigned duties of her position. N.J.S.A. 43:15A-42. Evidence was received from the petitioner, her expert physician, Dr. David Weiss, D.O., three lay witnesses who are friends/work associates of the petitioner, and the Board's expert, Dr. John H. de Jong, M.D.

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Docket No.: eds1228-99
Decided: 1999-02-22
Caption: WEST PATERSON BOARD OF EDUCATION, v. P.J.,
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE Petitioner, Board of Education of West Paterson, seeks to compel the initial evaluation of P.J. who is experiencing significant academic and moderate behavioral difficulties while repeating first grade.

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Docket No.: bki2854-98
Decided: 1999-02-22
Caption: IN THE MATTER OF NEW JERSEYRE-INSURANCE COMPANY REQUESTFOR PRIVATE PASSENGER AUTOMOBILEINSURANCE RATE INCREASE
Judge: ROBERT S. MILLER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This is an application by New Jersey Re-Insurance Company (NJRe) for an overall 8.3% rate increase to be effective May 15, 1998.

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Docket No.: caf389-98
Decided: 1999-02-10
Caption: BUREAU OF HOUSING INSPECTION, v. PRINCETON INTERNATIONALPROPERTIES, INC./169-71 SOUTHHARRISON ST., PRINCETON TOWNSHIP,
Judge: ROBERT W. SCOTT,
Summary:
The respondent seeks relief from the administrative penalty issued by the petitioner for an alleged violation by the respondent of the Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.). The respondent received notice of the penalty on November 20, 1997, and on December 15, 1997, the respondent requested a hearing. On January 23, 1998, the matter was transmitted to the Office of Administrative Law for determination as a contested case. In support of its action, the petitioner relied upon the testimony of Inspector Maiuro. It was the inspector's testimony that on April 22, 1997, the property in question, 169-171 South Harrison Street, in Princeton Township, was inspected and 17 violations of regulations for the maintenance of hotels and multiple dwelling was noted. On May 5, 1997, the respondent was notified of the violations and was informed that a reinspection would take place on or after July 15, 1997. The reinspection was not conducted until October 3, 1997. On that date, it was noted that one of the violations had not been corrected, a missing entry door opening to a passageway or exit stairway which was not automatic or self-closing. As stated above, on November 28, 1997, the petitioner issued to the respondent a notice of violation and an order to pay a penalty of $250 for the above violation.

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Docket No.: cma11075-98
Decided: 1999-02-17
Caption: ASHANTE RAGLAND, v. KIA MOTORS OF AMERICA, INC.,
Judge: DIANA C. SUKOVICH,
Summary:
PROCEDURAL HISTORY Ashante Ragland (petitioner) executed a Lemon Law Dispute Resolution Application (Application) seeking relief from Kia Motors America, Inc. (respondent), which application was accepted by the Division of Consumer Affairs (Division) on November 4, 1998. The Division transmitted the matter to the Office of Administrative Law on November 12, 1998 for determination as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. A hearing was conducted on January 29, 1999, on which date the record was closed. NATURE OF THE CASE

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Docket No.: cma242-99
Decided: 1999-02-23
Caption: LINDA SINGH, v. LILLISTON FORD, INC.,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter arises under N.J.S.A. 8:67 to -80, known as the Lemon Law Act. On January 25, 1999, the Division of Consumer Affairs, New Jersey Lemon Law Unit, transmitted petitioner's Complaint Report to the Office of Administrative Law (OAL) 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. Respondent did not file a response to petitioner's complaint. The hearing was held on February 4, 1999, at the Atlantic City OAL, Atlantic County Civil Courthouse, Atlantic City, New Jersey. The hearing record closed on February 4, 1999.

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Docket No.: crt11672-96
Decided: 1999-02-05
Caption: BARBARA HASSMILLER, EXECUTRIXON BEHALF OF HORACE LOCKARD,Complainant, v. PRESIDENT CONTAINER, INC.
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE Complainant Horace Lockard through his executrix Barbara Hassmiller brought a charge against President Container, Inc. (respondent) of unlawful employment discrimination based on age in violation of the Law Against Discrimination (LAD), N.J.S.A. 10:5-12 and 10:5-4. Respondent denied the charge of unlawful discrimination and alleged that complainant voluntarily retired.

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Docket No.: csv11309-97
Decided: 1999-02-16
Caption: ALFRED VAN SLYCK, v. VILLAGE OF RIDGEWOOD,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE In this consolidated case Alfred Van Slyck (appellant/charging party) appeals the determination of the Village of Ridgewood (respondent) to terminate him for insubordination from his position as an equipment operator with the Department Public Works (DPW). On May 18, 1997, Ridgewood served Van Slyck with a Preliminary Notice of Disciplinary Action removing him from his job effective that day. On June 2, 1997, after a hearing on May 27, 1997, respondent served appellant with a Final Notice of Disciplinary Action upholding the termination. Appellant filed a timely appeal in the matter. On October 16, 1997, appellant filed an unfair labor practice charge against respondent with the Public Employment Relation Commission (PERC) alleging that his termination was due to his union activities. On December 22, 1997, respondent filed an answer denying the charges. On July 9 and 21, 1998, PERC and the Merit System Board, pursuant to a motion filed by Ridgewood, consolidated the charges pending at PERC and the appeal before the Merit System Board into one hearing to be heard at the Office of Administrative Law (OAL).

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Docket No.: csv11315-97
Decided: 1998-02-10
Caption: ABNER GARZON, v. NEW JERSEY DEPARTMENTOF CORRECTIONS,
Judge: BEFORE: KEN R. SPRINGER,
Summary:
Statement of the Case This is an appeal by a probationary state employee in the career service from his release at the end of an extended six-month working test. Basically, the appointing authority terminated appellant from service because of his record of excessive lateness. The sole issue on appeal is whether the appointing authority's decision regarding appellant's unsatisfactory job performance was made in good faith.

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Docket No.: csv2979-98
Decided: 1999-02-25
Caption: CONSTANCE PEAK, v. EDNA MAHAN CORRECTIONALFACILITY FOR WOMEN,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant, Constance Peak (“Peak”) appeals the 20 day suspension on disciplinary charges of Neglect of Duty (N.J.A.C. 4a:2-2.3(a)7) on September 22, 1997 while on duty as a Senior Correction Officer at Edna Mahan Correctional Facility for Women (“Edna Mahan”). On April 16, 1998 this matter was transmitted to the Office of Administrative Law for hearing 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. A settlement conference was scheduled for July 2, 1998 but the matter did not settle at that time. A conference hearing was scheduled for September 28, 1998 but adjourned on that date because appellant's automobile broke down as appellant was driving to the hearing. The hearing was rescheduled for January 12, 1999. On that date the matter was heard and concluded at Mercerville, New Jersey. Witnesses who testified and exhibits admitted into the hearing record are listed in the appendix. The hearing record was closed on January 12, 1999.

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Docket No.: csv3757-98
Decided: 1999-02-01
Caption: JOHN PRIOR, v. WEST ORANGE FIRE DEPARTMENT,
Judge: THOMAS E. CLANCY,
Summary:
PROCEDURAL BACKGROUND In this matter, the West Orange Fire Department suspended the petitioner from his job for six months without pay. This action was taken because petitioner allegedly violated a number of the Fire Department's Rules and Regulations as well as various provisions of the New Jersey Administrative Code.

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Docket No.: csv4131-96
Decided: 1999-02-05
Caption: KEVIN HALL, v. CITY OF CAMDENPOLICE DEPARTMENT,
Judge: KATHRYN A. CLARK,
Summary:
The appellant, Kevin Hall, was employed as a Police Officer by the City of Camden Police Department, respondent. The respondent terminated appellant's employment on January 2, 1996, on charges. PROCEDURAL HISTORY The appellant appealed his removal to the Merit System Board and on May 8, 1996, the Merit System Board transmitted this matter to the Office of Administrative Law (OAL) for hearing and 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.

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Docket No.: csv4689-98
Decided: 1999-01-28
Caption: DAVID GARCIA, v. HUMAN SERVICES, ANCORAPSYCHIATRIC HOSPITAL
Judge: JOHN R. FUTEY,
Summary:
STATEMENT OF THE CASE In this matter, appellant, David Garcia appeals his removal from respondent, the Ancora Psychiatric Hospital (Ancora) based upon charges of (1) neglect of duty which could result in causing a danger to persons, (2) sleeping while on duty, and (3) violation of a policy, to wit that he failed to document a patient's behavior on the precaution check sheet in a timely manner.

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Docket No.: csv5125-98
Decided: 1999-02-22
Caption: JOHN ROBINSON III, v. CITY OF JERSEY CITY,
Judge: BEFORE: THOMAS R. VENA,
Summary:
STATEMENT OF THE CASE Respondent, City of Jersey City (appointing authority), alleges that appellant, John Robinson III, welfare supervisor, committed acts constituting insubordination, chronic or excessive lateness, conduct unbecoming a public employee, and other sufficient cause justifying his removal from public employment. N.J.A.C. 4A:2-2.2(a)1 and N.J.A.C. 4A:2-2.3(a)2, 4, 6, 11. The appellant denies the allegations.

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Docket No.: csv525-98
Decided: 1999-02-17
Caption: THELMA COLE, v. BUTTONWOOD HOSPITAL,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant, Thelma Cole, appeals from the determination of a departmental hearing that Cole resigned not in good standing by being absent from duty for five or more consecutive business days without following leave of absence procedures.

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Docket No.: csv6186-98
Decided: 1999-02-04
Caption: JANEDETTE GIBSON, v. DEPARTMENT OF CORRECTIONS,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE The Department of Corrections (Department or appointing authority) brings disciplinary action against appellant, who is a senior correction officer (SCO). More particularly, the Department alleges that, despite notice of its attendance verification policy requiring that COs maintain regular telephone service to their homes so that the Department could thereby confirm that they are home sick, appellant violated the policy. The Department claims that, consistent with the principle of progressive discipline, appellant should be suspended for 15 days. N.J.A.C. 4A:2-2.3. The appellant admits that she did not maintain the telephone service, but contends that this should be excused and she demands dismissal of the charge.

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Docket No.: csv7155-98
Decided: 1999-02-11
Caption: Corine Nobles, v. Regional School, Essex Campus,department of Human Ser v. ces,
Judge: EDITH KLINGER,
Summary:
Appellant, Corine Nobles, Day Training Center Technician, Regional School, Essex Campus, was charged with violations of Administrative Order 4:08. Following a departmental hearing on February 4, 1998, she was found guilty of the charges and removed from her position, effective April 27, 1998. On April 28, 1998, appellant requested a hearing and on July 27, 1998, the Department of Personnel transmitted the matter to the Office of Administrative Law (OAL) 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. The hearing was held on February 4, 1999 and the record closed on that date.

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Docket No.: csv8707-97
Decided: 1999-02-18
Caption: COLLEEN CARROLL, v. MONMOUTH COUNTY,
Judge: BERNARD GOLDBERG,
Summary:
STATEMENT OF THE CASE Colleen Carroll, appellant, seeks reinstatement to the position of Correction Officer and retroactive pay from March 1996. Respondent, Monmouth County Jail, contends appellant's claims must be rejected because she had determined to have resigned not in good standing effective February 24, 1997 for failure to report for duty on five consecutive business days, after the expiration of a leave of absence, without notice and supervisory approval. N.J.A.C. 4A:2-6.2.

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Docket No.: csv985-98
Decided: 1999-02-22
Caption: FRANK WAHLER, v. DEPARTMENT OF CORRECTIONS,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE Appellant, Corrections Lieutenant Frank Wahler, appeals from his fifteen-day suspension for causes alleged as having arisen from an escape of two inmates. This occurred during the shift which he supervised as shift commander/center keeper, on August 25, 1996.

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Docket No.: bds1464-98
Decided: 1999-02-01
Caption: in the matter of the suspension or revocation of the license ofrobert laduca, d.c. to practicechiropractic in thestate of new jersey
Judge: EDITH KLINGER,
Summary:
On August 25, 1996, Deborah Poritz, the Attorney General of New Jersey, filed a Complaint with the Board of Chiropractic Examiners (Board), Division of Consumer Affairs (Board), seeking the suspension or revocation of the license of Robert LaDuca, D.C., to practice chiropractic in the State of New Jersey and other penalties or remedies as may be permitted or required by law, pursuant to the authority conferred upon the Board by N.J.S.A. 45:9-1 et seq., N.J.S.A. 45:1-14 et seq., and related administrative regulations. Respondent filed his answer to the Verified Complaint on August 13, 1996. On February 2, 1998, the Board transmitted the matter to the Office of Administrative Law (OAL) 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. The hearing was scheduled for January 11, 12, 13, 14, 19, 20, 21, 22, 25, 26, 27, 28 and 29 and February 1, 2, 3, 4, 8, 9, 19, 11, 16, 17, 18, 19, 22, 23, 24, 25, and 26, 1999. The record closed on January 13, 1999, following the third day of hearing.

Docket No.: eds142-99
Decided: 1999-02-10
Caption: DEPTFORD TOWNSHIP BOARD OF EDUCATION, v. J.B.,
Judge: ROBERT W. SCOTT,
Summary:
CASE STATEMENT AND PROCEDURAL HISTORY The petitioner, Deptford Township Board of Education, requested a due-process hearing for an order in lieu of parental consent permitting the implementation of an Individualized Education Plan (IEP) pursuant to the Individuals with Disabilities Education Act, 20 U.S.C.A. §§ 1400 to 1485, and regulations of the New Jersey Department of Education, N.J.A.C. 6A:14-1.1 to -5.2. The request was made on December 23, 1998, and on January 14, 1999, the New Jersey Department of Education transmitted the matter to the Office of Administrative Law for a hearing in accordance with the provisions of 20 U.S.C.A. § 1415 and 34 C.F.R. § 300.500. On January 15, 1999, the respondent, in answer to the petitioner's petition, not only sought the denial of the petitioner's petition, but requested an order for (1) independent educational, psychological, psychiatric, and neurological evaluations of the respondent and (2) placement of the respondent in general education classes with necessary supports in the petitioner's high school. A hearing was held on January 20, 1999, at the Office of Administrative Law, 9 Quakerbridge Plaza, Mercerville, New Jersey.

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Docket No.: eds250-99
Decided: 1999-02-22
Caption: FAIRFIELD TOWNSHIP BOARD OF EDUCATION, v. D.M.,
Judge: ROBERT W. SCOTT,
Summary:
CASE STATEMENT AND PROCEDURAL HISTORY The petitioner, Fairfield Township Board of Education, requested a due-process hearing for an order in lieu of parental consent permitting the implementation of an Individualized Education Plan (IEP) pursuant to the Individuals with Disabilities Education Act, 20 U.S.C.A. §§ 1400 to 1485, and regulations of the New Jersey Department of Education, N.J.A.C. 6A:14-1.1 to -5.2. The request was made on January 6, 1999, and on January 26, 1999, the New Jersey Department of Education transmitted the matter to the Office of Administrative Law for a hearing in accordance with the provisions of 20 U.S.C.A. §1415 and 34 C.F.R. §300.500. A hearing was held on February 5, 1999, in the Upper Deerfield Township Municipal Court, Seabrook, New Jersey.

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Docket No.: eds8194-98
Decided: 1999-01-28
Caption: A.P.G. AND A.G.,ON BEHALF OF THEIRMINOR SON, S.G.,s, v. THE EAST WINDSOR TOWNSHIPBOARD OF EDUCATION,
Judge: BERNARD GOLDBERG,
Summary:
STATEMENT OF THE CASE A.P.G. and A.G., on behalf of their son, S.G., appeal the decision of the East Windsor Township Board of Education (BOE) to return to S.G., now age 10 and 1/2, to a regular fourth grade class at its Walter C. Black elementary school. The BOE has been providing S.G. with a private school education at the Princeton Montessori School with the related services of occupational and physical therapy since the 1992/93 school year. S.G. has diplegic cerebreal palsey with spasticity predominately affecting his lower extremities. He is obese and he has exercise induced asthma. S.G. uses loft strand crutches to ambulate because of balance problems.

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Docket No.: edu2794-98
Decided: 1999-02-16
Caption: J. O., v. BOARD OF EDUCATION OFTHE STERLING HIGH SCHOOLDISTRICT, CAMDEN COUNTY,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter commenced on March 16, 1998, when J.O. (hereinafter petitioner) filed a petition of appeal with the Commissioner of Education contending that the Board of Education of the Sterling High School District (hereinafter respondent) acted arbitrarily, capriciously and unreasonably in that it did not hold a proper hearing within 21 days of his suspension from school, imposed penalties on him greater than those imposed on others for similar violations and treated him differently based on his race/Black. An answer on behalf of respondent was filed on March 25, 1998 and on April 8, 1998, the matter was transmitted to the Office of Administrative Law for determination as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. A prehearing conference was conducted on July 1, 1998 at which time the following were identified as issues for determination at hearing:

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Docket No.: mvh533-98
Decided: 1999-02-23
Caption: DIVISION OF MOTOR VEHICLES, v. MARIA WRONSKI,
Judge: BRUCE R. CAMPBELL,
Summary:
The Division of Motor Vehicles (Division) proposes to suspend the driving privilege of Maria Wronski for 16 months because Ms. Wronski allegedly was involved in an accident that resulted in the death of one Edward J. Sutton. Ms. Wronski timely filed an appeal and the matter was transmitted to the Office of Administrative Law for determination as a contested case pursuant to N.J.S.A. 52:14F-1 through -13. The matter was heard on January 21, 1999, at the Office of Administrative Law, Trenton. The parties entered into evidence by consent Exhibit J-1, Sutton's death certificate dated August 4, 1997; Exhibit J-2, the respondent's driver history abstract generated January 26, 1998 and J-3 a through J-3 j, photographs taken at and about the scene of the fatal accident.

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Docket No.: typ2740-95
Decided: 1999-02-10
Caption: FRANCIS WARD, v. BOARD OF TRUSTEES OF THEPOLICE AND FIREMEN'SRETIREMENT SYSTEM,
Judge: STEVEN C. REBACK,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This is an appeal by the petitioner, Francis Ward, from a determination arrived at by the Board of Trustees of the Police and Firemen's Retirement System, (the Board) granting him an ordinary disability retirement, effective July 1, 1994, pursuant to an application for ordinary disability retirement filed on his behalf by the Township of Cherry Hill. Mr. Ward was mandatorily retired, as a police officer, on July 1, 1994, with the Township of Cherry Hill, based upon a determination arrived at by the Board that he lacked the mental capacity to perform his duties. The Board memorialized its determination in a letter to petitioner dated December 20, 1994.

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Docket No.: cma11660-98
Decided: 1999-03-02
Caption: GREGORY PALMA, v. DAIMLER CHRYSLER,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner Gregory Palma on May 11, 1998, accepted delivery of a leased 1998 Plymouth Grand Voyager van from Bigelow Motors in Belleville, New Jersey. On December 4, 1998, the New Jersey Division of Consumer Affairs, Lemon Law Unit, accepted petitioner's application for the New Jersey Lemon Law Dispute Resolution System, pursuant to N.J.S.A. 56:12-29 to -49. Petitioner seeks recovery of the full purchase price of the vehicle for an alleged nonconformity of a pull to the left. Respondent Daimler Chrysler denies the allegations and seeks a dismissal of the complaint.

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Docket No.: cma1315-99
Decided: 1999-02-24
Caption: JOSEPHINE MURPHY, v. HYUNDAI MOTOR OF AMERICA,
Judge: DIANA SUKOVICH,
Summary:
PROCEDURAL HISTORY

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Docket No.: crt657-96
Decided: 1999-02-16
Caption: Richard w. schleher,Complainant, v. brink's, incorporated,Formerly BRINK'S armoredcar co.,
Judge: JOSEPH F. FIDLER,
Summary:
statement of the case and procedural history Complainant Richard W. Schleher filed a verified complaint with the Division on Civil Rights on December 3, 1990, alleging that Brink's, Inc., (“respondent” or “Brink's”) discriminated against him in violation of the New Jersey Law Against Discrimination (“LAD”), N.J.S.A. 10:5-1 to -42. Specifically, complainant alleges that Brink's refused him employment because of his handicap, in violation of N.J.S.A. 10:5-4.1 and 10:5-12(a). Respondent denies that it has violated the LAD.

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Docket No.: csv11242-97
Decided: 1999-02-01
Caption: FERNANDO GOTAY, v. NEW JERSEY DEPARTMENT OF CORRECTIONS,
Judge: SEBASTIAN GAETA, JR.,
Summary:
STATEMENT OF CASE

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Docket No.: csv2198-98
Decided: 1999-03-02
Caption: DORIS SAGEBIEL, v. ALBERT C. WAGNER YOUTHCORRECTIONAL FACILITY,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE Appellant, Corrections Lieutenant Doris Sagebiel, appeals from her suspension of fifteen days, allegedly for abusive physical and verbal conduct, and for intimidation by threatening a Senior Corrections Officer (SCO) under her supervision.

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Docket No.: csv4463-97
Decided: 1999-02-10
Caption: ROBERT LACAILLADE, v. CITY OF MILLVILLE,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter was remanded to the Office of Administrative Law (OAL) so that appellant could have an opportunity to testify on his own behalf. The Merit System Board (MSB) determined that appellant did not receive notice of a scheduled hearing date in the former matter. As a result the MSB concluded that appellant's non-appearance was excusable and he should be given the opportunity to present his testimony. This appellant did testify at the remand hearing on July 23, 1998. The parties agreed to keep the record open, following the testimony of appellant in order to file an interlocutory appeal and to seek retirement benefits for appellant. Both attempts were unsuccessful and this matter was concluded on or about January 7, 1999.

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Docket No.: csv6018-98
Decided: 1999-03-04
Caption: JOHN CHOMA, v. NEW JERSEY DEPARTMENT OFCORRECTIONS, ADULT DIAGNOSTICAND TREATMENT CENTER,
Judge: ROBERT S. MILLER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY John Choma (“appellant”) appeals from a determination of the New Jersey Department of Corrections (“Department” or “respondent”) suspending him without pay for 45 days based on the charge of “sleeping while on duty (non-essential).”

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Docket No.: csv6123-98
Decided: 1999-02-16
Caption: STEPHANIE BURT, v. ANCORA PSYCHIATRIC HOSPITAL,DEPARTMENT OF HUMAN SERVICES,
Judge: STEVEN C. REBACK,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This is an appeal by the appellant, Stephanie Burt, from a resignation not in good standing from her position as a human services assistant for respondent (Ancora), effective October 13, 1997. The basis of the resignation not in good standing is set forth in a preliminary notice of disciplinary action, dated June 7, 1996. Ms. Burt is charged with violating N.J.A.C. 4A:2-6.2(c), providing that any employee who has not returned to duty for five or more consecutive business days following an approved leave of absence shall be considered to have abandoned his or her position and shall be recorded as a resignation not in good standing. The specifications to the charges indicate that Ms. Burt was on an approved leave of absence, but did not return to duty and was absent on October 2, 3, 4, 5 and 13, 1997. At the hearing, it was stipulated that the October 13 date would not be charged against Ms. Burt and should not be included in the charges.

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Docket No.: csv6175-98
Decided: 1999-02-19
Caption: BENNIE LANGFORD, v. JUVENILE MEDIUM SECURITYFACILITY,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter involves the appeal of Bennie Langford (hereinafter appellant) from the determination of the Juvenile Medium Security Facility, Juvenile Justice Commission (hereinafter respondent) suspending him for 90 days, on charges. By Preliminary Notice of Disciplinary Action, dated December 23, 1996, respondent advised appellant of the following charges and specifications: CHARGES:

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Docket No.: csv7118-97
Decided: 1999-02-19
Caption: BEVERLY KEARNEY, v. NEWARK SCHOOL DISTRICT,
Judge: RICHARD McGILL,
Summary:
Beverly Kearney appeals from an indefinite suspension from the position of security guard with the Newark School District (respondent). By Preliminary Notice of Disciplinary Action dated October 28, 1996, respondent advised appellant of charges of conduct unbecoming a public employee and other sufficient cause. The specification in regard to the charge of conduct unbecoming a public employee states that appellant knowingly and intentionally participated in a scheme to defraud the State Health Benefits Program and that she received moneys directly derived therefrom. The specification in regard to other sufficient cause states that appellant compromised the operational integrity of the school district. The Preliminary Notice further advised appellant that she was suspended effective October 30, 1996, pending final disposition of the matter and that a departmental hearing was scheduled for November 13, 1996. Finally, the Preliminary Notice advised appellant that the disciplinary action which may be taken against her was removal.

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Docket No.: eds4-99
Decided: 1999-04-09
Caption: N.P., v. HILLSBOROUGH BOARDOF EDUCATION,
Judge: JOSEPH F. FIDLER,
Summary:
STATEMENT OF THE CASE This matter arises pursuant to the Individuals with Disabilities Education Act (“IDEA”), as amended, which was enacted in part, “to assure that all children with disabilities have available to them . . . a free appropriate public education which emphasizes special education and related services designed to meet their unique needs.” 20 U.S.C. §1400(c). Petitioner's request for due process relief primarily concerns matters involving the provision of hearing aids. Petitioner also seeks to have the respondent Board of Education formally acknowledge his psychologist as an official member of the Individualized Education Program (IEP) team. Contending that the forms of relief sought by petitioner are unwarranted or are inappropriate for a due process hearing or fail to raise a case or controversy in need of resolution, respondent has moved for summary decision.

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Docket No.: csv86-00
Decided: 2000-07-26
Caption: VINCENT P. ABRAMS, v. GARDEN STATE RECEPTIONYOUTH CORRECTION FACILITY,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter involves the appeal of Vincent P. Abrams (hereinafter appellant) from the determination of the Garden State Youth Correctional Facility, Department of Corrections (hereinafter respondent) removing him from his position Institutional Trade Instructor, effective September 22, 1999, on charges. By Preliminary Notice of Disciplinary Action, dated March 4, 1999, respondent notified appellant of the following charges and specifications:

Docket No.: cma5617-00_1
Decided: 2000-11-17
Caption: ANTONIO MERISIER, v. C & J AUTO, INC.,
Judge: RICHARD McGILL,
Summary:
Antonio Merisier (petitioner) filed a complaint pursuant to the Used Car Lemon Law, N.J.S.A. 56:8-67 to -80, seeking a refund from C&J Auto, Inc. (respondent) for a 1996 Jeep Grand Cherokee. Respondent denies that petitioner is entitled to relief under the Used Car Lemon Law. PROCEDURAL HISTORY Petitioner filed his complaint, which is dated February 16, 2000, with the Used Car Lemon Law Unit in the Division of Consumer Affairs. The matter was transmitted to the Office of Administrative Law on June 27, 2000, for determination as a contested case. A hearing was conducted on July 11, August 30, and October 13, 2000, at the Office of Administrative Law in Newark, New Jersey, and the record closed on the date of the hearing.

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Docket No.: eds1734-99
Decided: 1999-02-23
Caption: STILLWATER TWP. BOARD OF EDUCATION, v. M.P.J.,
Judge: THOMAS R. VENA,
Summary:
STATEMENT OF THE CASE This is an action by Petitioner Board of Education seeking emergency relief, pursuant to the provisions of subsection 2 of section (b) of N.J.A.C. 6A:14-2.7, which provides that:

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Docket No.: eds1774-99
Decided: 1999-02-26
Caption: PALISADES PARK BOARD OF EDUCATION, v. R.O.,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner, Palisades Park Board of Education (District), moves pursuant to N.J.A.C. 6A:14-2.7(c) for an Order to proceed to conduct an initial evaluation of R.O. as a potentially educationally disabled pupil because the parents would not consent to the evaluation. This matter was transmitted to the Office of Administrative Law (OAL) on February 18, 1999. In accordance with 20 U.S.C.A. § 1415 and 34 C.F.R. § 300.500 to 300.587, the Commissioner of Education requested that an administrative law judge (ALJ) be assigned to conduct a hearing on the matter. The Director of the OAL assigned the undersigned to hear this matter pursuant to its power under N.J.S.A. 52:14F-5(o). A hearing was held on February 19, 1999.

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Docket No.: eds199-99
Decided: 1999-02-26
Caption: COLLINGSWOOD BOARD OF EDUCATION, v. J.T.,
Judge: KATHRYN A. CLARK,
Summary:
This application for emergent relief arises from the Collingswood Board of Education, which seeks an order for J.T., to submit to certain evaluations and a functional behavior assessment over her parents' refusal to give consent, and also asking for the parents' cooperation in making her available for these evaluations. J.T. is experiencing difficulties in her behavior that may be due to changes in her medication and/or to other changes, developmental or otherwise. Specifically, the evaluations the Board is requesting are: health; speech and language; psychological; educational; neurologic; psychiatric; augmentative communication/assistive technology; and vocational rehabilitation evaluations. This ORDER is hereby GRANTED. J.T. is to submit to health; speech and language; psychological; educational; neurologic; psychiatric; augmentative communication/assistive technology; and vocational rehabilitation evaluations, and to a functional behavior assessment.

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Docket No.: cma11149-98
Decided: 1999-03-02
Caption: SCOTT COPPETO, v. ACURA DIVISION OF AMERICANHONDA MOTOR CO., INC.,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Docket No.: edu11244-97
Decided: 1999-01-07
Caption: TARANTO BUS CORPORATION, v. BOARD OF EDUCATION OF THETOWNSHIP OF SADDLE BROOK,BERGEN COUNTY, AND SOUTHBERGEN JOINTURE COMMISSION,BERGEN COUNTY,
Judge: MUMTAZ BARI-BROWN,
Summary:
Petitioner Taranto Bus Co. (Taranto or petitioner) contends that respondents, Board of Education of the Township of Saddle Brook (Saddle Brook or Board) and South Bergen Jointure Commission (Commission), violated the public bidding laws. Specifically, respondents prevented Taranto from providing bus transportation services, Route 450, to Saddle Brook students. Petitioner seeks damages and other relief. The matter was transmitted to the Office of Administrative Law (OAL) 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. A hearing was scheduled for January 25-26, 1999. Prior to the hearing, the Commission moved for summary decision. FACTS

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Docket No.: edu4297-98
Decided: 1999-01-29
Caption: G.E.A. on behalf of minor child, J.G.A., v. BOARD OF EDUCATION OF THE CITY OFATLANTIC CITY, ATLANTIC COUNTY,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner appeals from a determination by the Board of Education of the City of Atlantic City (Board) which found that pupil, J.G.A., attended the Board's public schools while residing out of the Atlantic City School District. The Board now seeks an order from the Commissioner of Education (Commissioner) for the appropriate amount of tuition due and owing for the time petitioner attended its schools illegally.

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Docket No.: edu6007-97
Decided: 1999-02-11
Caption: F.B., ON BEHALF OF MINORCHILD, M.K.G., v. BOARD OF EDUCATION OF THECUMBERLAND REGIONAL SCHOOLDISTRICT, CUMBERLAND COUNTY,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Docket No.: edu6951-98
Decided: 1999-02-24
Caption: F.P., N.P. & S.P. v. POINT PLEASANT BEACHBOARD OF EDUCATION,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE

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Docket No.: edu7609-97
Decided: 1999-01-22
Caption: BETSY RIEDER, v. BOARD OF EDUCATION OFCALDWELL-WEST CALDWELL,ESSEX COUNTY,
Judge: RICHARD McGILL,
Summary:
This matter involves a petition by Betsy Rieder (petitioner) in which she alleges that the Board of Education of Caldwell-West Caldwell (respondent) improperly appointed a non-tenured person to fill a position to which she was entitled in violation of her tenure and preferred eligibility rights. Respondent denies that its action have violated petitioner's tenure or preferred eligibility rights. PROCEDURAL HISTORY

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Docket No.: edu9186-97
Decided: 1999-02-11
Caption: E.M. ON BEHALF OF MINOR CHILD, K.G., v. BOARD OF EDUCATION OF THEBOROUGH OF LINCOLN PARK,MORRIS COUNTY,
Judge: MARYLOUISE LUCCHI-McCLOUD,
Summary:
This matter comes as a petition by E.M. & J.M. on behalf of K.G., a minor, originally filed on September 3, 1997 and an amended petition filed on September 17, 1997. The posture of the case at the conclusion leaves open only the question of whether petitioners must reimburse the respondent district for the tuition of K.G. who was living in their home and attending school in Boonton High School where the respondent has a sending receiving relationship. On September 16, 1997 the matter was transmitted to the Office of Administrative Law (OAL) 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.

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Docket No.: hlt8155-98
Decided: 1999-02-23
Caption: BARTLEY MANOR CONVALESCENTCENTER, v. DEPARTMENT OF HEALTH ANDSENIOR SERVICES,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of respondent's denial of claims for reimbursement as untimely, pursuant to N.J.A.C. 10:49-7.2. The matter was transmitted to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. A hearing was conducted on January 28, 1999, after which the record closed. The facts are either stipulated, or substantially undisputed. J.L. is a Medicaid recipient who has resided at petitioner's facility since August 1995. From that time forward she was continuously eligible for Medicaid benefits (P-2). Petitioner submitted timely monthly bills on behalf of J.L., to Unisys, respondent's fiscal agent, which included the period August 1, 1995 to March 31, 1996 (P-1). The form utilized for this purpose, known as a turnaround document (TAD), is prepared initially by Unisys and mailed to the provider. It is then returned by the provider for payment with any revisions. The J.L. claims were denied by Unisys for the period August 1995 through March 1996, and this was most likely a clerical error. Petitioner was notified of this action in a document known as a Remittance Advice (RA) (R-2). The record reflects that in January, March, April and May 1996, RA's were sent to petitioner indicating that the J.L. claim was denied under error code “301,” which the parties agree means ineligibility. Had petitioner resubmitted its claims within one year of these denial notices, they would have been paid. The claims were not re-billed until April 1998, and were deemed untimely. This is the substance of the record.

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Docket No.: pol2693-95
Decided: 1999-01-14
Caption: IN THE MATTER OF REGINALD MONTGOMERY
Judge: SEBASTIAN GAETA, JR.,
Summary:
STATEMENT OF CASE AND PROCEDURAL HISTORY

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Docket No.: typ10599-94
Decided: 1999-01-29
Caption: RUTH TENNER, v. STATE HEALTH BENEFITS COMMISSION,
Judge: SEBASTIAN GAETA, JR.,
Summary:
STATEMENT OF CASE AND PROCEDURAL HISTORY Both matters relate to the denial of benefits for private duty nursing services on behalf of Samuel Tenner, deceased.

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Docket No.: typ6637-98
Decided: 1999-03-03
Caption: DONALD GOOLD, v. BOARD OF TRUSTEES,POLICE AND FIREMEN'SRETIREMENT SYSTEM,
Judge: ROBERT S. MILLER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Donald Goold (petitioner) appeals from a determination of the Board of Trustees, Police and Firemen's Retirement System (Board of Trustees or respondent) denying his application for accidental disability retirement under N.J.S.A. 43:16A-7.

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Docket No.: csv2679-98
Decided: 1999-03-02
Caption: EDWARD WISE, v. ATLANTIC CITY,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE Respondent Atlantic City alleges that appellant, a code enforcement officer, failed to perform his duties and that he engaged in conduct unbecoming a public employee, and the City claims that he should remain removed from public employment.

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Docket No.: crt10950-97
Decided: 1999-03-03
Caption: VINCENT J. GIANFREDI, v. UNITED EMBROIDERY WORKS, INC.AND LARRY SEVERINI,
Judge: STEPHEN G. WEISS,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Docket No.: csv1853-98
Decided: 1999-02-26
Caption: JAMALA LEE, v. JERSEY CITY STATE COLLEGE,
Judge: IRENE JONES,
Summary:
By Preliminary Notice of Disciplinary Action dated June 5, 1997, the respondent appointing authority, Jersey City State College, proposed to suspend the appellant from her position as a security guard on charges of failing to follow a supervisor's instructions. After a departmental hearing, the charges were sustained and the appellant was suspended for six days. The appellant timely filed a Notice of Appeal the Department of Personnel who transmitted the matter to the Office of Administrative Law (OAL) for a de novo hearing. (N.J.S.A. 52:14B-1 to 15 and N.J.S.A. 52:14F-1 to 13.) A hearing was held on January 13, 1999 at which time the record was closed. FINDINGS OF FACTS

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Docket No.: caf2398-97
Decided: 1999-03-02
Caption: THOMAS AND SUZANNE BRACKEN,s, v. PRINCETON ESTATES, INC. ANDBUREAU OF HOMEOWNER PROTECTION,
Judge: ROBERT W. SCOTT,
Summary:
STATUTE AND REGULATIONS

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Docket No.: csv8290-97
Decided: 1999-03-05
Caption: FRANCIS FREDERICK, GLORIALIEBERSTEIN, BONNIE RYDER v. COMMISSION FOR THE BLIND ANDVISUALLY IMPAIRED, DEPARTMENTOF HUMAN SERVICES,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE Francis Frederick, Gloria Lieberstein and Bonnie Ryder, appellants, bring these appeals from their economic demotions, charging “bad faith” on the part of the appointing authority.

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Docket No.: eds8972-98
Decided: 1999-02-16
Caption: H. M., v. SOUTH BRUNSWICK BOARD OF EDUCATION
Judge: JOHN R. FUTEY,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY In these cross-petitions, both the parent of H.M. and the South Brunswick Board of Education (District) seek an appropriate placement for the child H.M. These cross-petitioned special education matters arise under the Individuals with Disabilities Education Act (IDEA), 20 USCA §1401 et. seq. and N.J.S.A. 18A:46-1 et. seq. The matters were transmitted to the Office of Administrative Law (OAL) under separate docket numbers, as indicated in the caption of the matter herein, for final determination by the Commissioner of Education, who requested that a Administrative Law Judge be assigned to conduct a hearing on both matters. 20 U.S.C.A. § 14 15 and 34 C.F.R. § 300.500 et. seq. The matters were assigned to this Judge by the director of the OAL to hear and decide the issues raised therein 52:14F-5(o). The matters were heard concurrently and are herewith consolidated by an Order issued sua sponte by this tribunal. It is so ORDERED. Pursuant to an agreement between the parties regarding the scheduling of these matters the hearing was conducted on November 10, 16 and 25, 1998, and January 7, 11, and 15, 1999. At the conclusion of the hearing on January 15, 1999, the hearing record closed.

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Docket No.: edu197-98
Decided: 1999-03-05
Caption: BOARD OF EDUCATION OF THEBOROUGH OF SPOTSWOOD, v. BOARD OF EDUCATION OF THEBOROUGH OF MILLTOWN,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter commenced on November 12, 1997, when the Board of Education of the Borough of Spotswood (hereinafter petitioner) filed a petition of appeal seeking an order from the Commissioner of Education that the Board of Education of the Borough of Milltown (hereinafter respondent) failed to make tuition payments in accordance with the sending/receiving relationship in violation of law. On November 19, 1997, respondent filed an answer, cross-petition and third-party complaint against the Commissioner of Education. The cross-petition challenged petitioner's tuition calculations. Petitioner filed an answer to the cross-petition on December 18, 1997. By ruling entered January 8, 1998, then Assistant Commissioner David C. Hespe granted the motion of Deputy Attorney General Arlene Lutz to dismiss the Commissioner as a third-party respondent, and on January 16, 1998, the matter was transmitted to the Office of Administrative Law for determination as a contested case, pursuant to N.J.S.A. 52:14F-1 to -13. A prehearing conference was conducted on May 13, 1998 at which time it was noted that most of the issues raised in the original petition and cross-petition had been resolved between the parties and identified the following remaining issues for determination:

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Docket No.: edu3929-98
Decided: 1999-02-04
Caption: ORDER Dismissing the Petition ofAppeal with Prejudice
Judge: BEFORE: SEBASTIAN GAETA JR.,
Summary:
Statement of the Case and Procedural History By petition of appeal, dated March 24, 1998, petitioner requested that the Commissioner of Education permit his three minor children to remain in the school system administered by respondent Board of Education of the Westwood Regional School District, Bergen County (Board), following the Board disenrolling them from the public schools within the Township of Washington.

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Docket No.: esa6139-92
Decided: 1999-03-01
Caption: HARTZ MOUNTAIN INDUSTRIES, v. NEW JERSEY DEPARTMENT OFENVIRONMENTAL PROTECTION,
Judge: RICHARD McGILL,
Summary:
Hartz Mountain Industries (“Hartz” or “petitioner”) appeals from a determination by the Director of the Division of Coastal Resources in the New Jersey Department of Environmental Protection (“DEP” or “Department”) to deny its application for a waterfront development permit for a portion of Phase II of Lincoln Harbor, which is a mixed use development project in the Township of Weehawken, Hudson County, New Jersey. The proposal for which the waterfront development permit was denied consists of two 160-foot high buildings which would include 890,918 square feet of office, retail and restaurant space, as well as a related parking structure. The Department based the denial on the proposed project's lack of compliance with several rules contained in the coastal zone management regulations, N.J.A.C. 7:7E, which implement several statutory enactments including the Waterfront Development Act, N.J.S.A. 12:5-1 to -11. The four regulations in question are the public open space rule, N.J.A.C. 7:7E-3.38 (now codified as N.J.A.C. 7:7E-3.40), the high-rise structures rule, N.J.A.C. 7:7E-7.14, the public access to the waterfront rule, N.J.A.C. 7:7E-8.11, and the scenic resources and design rule, N.J.A.C. 7:7E-8.12. The Department was specifically concerned about the impact of the proposed development on views currently enjoyed from locations to the west of the project site and from the approach ramp to the Lincoln Tunnel.

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Docket No.: hma2355-98
Decided: 1999-02-25
Caption: L & Z MEDICALTRANSPORTATION, INC., v. DIVISION OF MEDICAL ASSISTANCEAND HEALTH SERVICES,
Judge: BERNARD GOLDBERG,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner appeals the decision of the Division of Medical Assistance and Health Services (DMAHS) withholding Medicaid payments because of an on-going criminal investigation being conducted by the New Jersey Division of Criminal Justice. 42 C.F.R. 455.23, N.J.A.C. 10:49-11(d)(23). A hearing was requested and the matter was transmitted to the Office of Administrative Law (OAL) for determination as a contested case, pursuant to N.J.S.A. 14F-1 to -13.

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Docket No.: lid4623-97
Decided: 1999-03-05
Caption: NEW JERSEY DEPARTMENT OF LABOR, v. P AND R CONSTRUCTION, INC., PHILIPPORTNOY, PRESIDENT, AND RALPHPORTNOY, SECRETARY,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter is on remand from the New Jersey Department of Labor (DOL) from a prior proceeding and determination by this administrative tribunal in the above-entitled matter to address the issues as to whether P and R Construction, Inc., et als. (P&R), owes overtime payments to certain employees for work performed on the Union County College Project and, if so, does such violation of the New Jersey Prevailing Wage Act (the Act), N.J.S.A. 34:11-56.26, give rise to the penalty of debarment under N.J.S.A. 34:11-56.37, N.J.A.C. 12:60-8.2, N.J.A.C. 12:60-8.3(b).

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Docket No.: typ8042-98
Decided: 1999-03-05
Caption: CHRISTOPHER PEAK, v. BOARD OF TRUSTEES OF THEPUBLIC EMPLOYEES' RETIREMENTSYSTEM,
Judge: ROBERT S. MILLER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Christopher Peak (petitioner) appeals from a determination the Board of Trustees, Public Employees Retirement System (respondent or Board of Trustees) denying his application for accidental disability retirement benefits under N.J.S.A. 43:15A-43.

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Docket No.: edu6704-98
Decided: 1999-03-17
Caption: IN THE MATTER OF THE TENUREHEARING OF ALAN P. TIGHE,BOARD OF EDUCATION OF OLDBRIDGE TOWNSHIP, MIDDLESEXCOUNTY
Judge: BEATRICE S. TYLUTKI,
Summary:
This matter concerns the tenure charge of unbecoming conduct which was filed against Alan P. Tighe, a custodian employed by the Old Bridge Township Board of Education (Board). The tenure charge was filed against Mr. Tight after he admitted that he took money from the student activities fund which is kept in a locked cabinet in the guidance office at the Jonas Salk Middle School, and criminal charges had been filed against Mr. Tighe. The case was transmitted to the Office of Administrative Law (OAL) on August 12, 1998, for hearing pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. I had a telephone conference with the attorneys for the parties on September 15, 1998, at which time we discussed the Board's motion for summary decision. The Board argued that Mr. Tighe should be removed from his position since the theft of school funds clearly constitutes conduct unbecoming a school employee.

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Docket No.: caf6415-98
Decided: 1999-03-16
Caption: THOMAS FORESTANO ANDDIANE HUMENIK,s, v. AL MUCCHETTI GENERALCONTRACTOR, INC., ANDTHE BUREAU OF HOMEOWNERPROTECTION,
Judge: BERNARD GOLDBERG,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter was transmitted to the Office of Administrative Law (OAL) on July 27, 1998 for hearing as a contested case. It was set down for hearing before the undersigned Administrative Law Judge (ALJ) on February 8, 1999, at 9:00 a.m., at the Office of Administrative Law, 9 Quakerbridge Plaza, Mercerville, New Jersey.

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Docket No.: cma10787-98
Decided: 1999-02-25
Caption: gianfranco confalone, v. ford motor company,
Judge: JOSEPH F. FIDLER,
Summary:
statement of the case This matter concerns a dispute under the New Jersey Lemon Law, N.J.S.A. 56:12-29 to -49, and the implementing regulations of the Division of Consumer Affairs, n.j.a.c. 13:45A-26.1 to -26.15. Petitioner Gianfranco Confalone has alleged that his 1997 Ford Ranger has defects or conditions which substantially impair its use, value, and safety. Specifically, petitioner claimed in his application for relief that when applying the brakes, the vehicle pulls hard to the side, sometimes left and sometimes right. Petitioner further alleged that the vehicle makes noises as though it will fall apart. Respondent manufacturer denied that there is any substantial impairment to the use, value or safety of the vehicle.

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Docket No.: csv11069-94
Decided: 1999-03-11
Caption: DEBORAH A. HANSEN, v. NEW JERSEY DEPARTMENT OFCORRECTIONS,
Judge: JEFF S. MASIN,
Summary:
The New Jersey Department of Corrections (“DOC”) brought an administrative disciplinary action against Deborah A. Hansen, a long time DOC employee then serving as the Deputy Compact Administrator in the Office of Interstate Services (“OIS”), charging that Ms. Hansen had violated the DOC's rule against becoming “unduly familiar” with inmates and parolees and had therefore engaged in conduct unbecoming a public employee, a violation of N.J.A.C. 4A:2-2.3(a)6; and conduct which constituted “other sufficient cause” for discipline pursuant to N.J.A.C. 4A:2-2.3(a)9. In addition, the DOC alleged that Ms. Hansen's conduct violated the provisions of Human Services Bulletin 84-17 as amended, D.4., “Improper or unauthorized contact with inmateundue familiarity with inmates, parolees, their families, or friends.” A Preliminary Notice of Disciplinary Action (“Preliminary Notice”) was issued on May 20, 1994. After a Loudermill hearing and a departmental hearing, neither of which she attended, the DOC issued a Final Notice of Disciplinary Action (“Final Notice”) on August 12, 1994, and removed Ms. Hansen from her employment with the DOC. She filed an appeal with the Merit System Board (“Board”) and the Board transferred the matter to the Office of Administrative Law (“OAL”) 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. After a lengthy period of inactivity the case was reactivated and the DOC filed a motion for summary decision, which was denied by Interlocutory Order dated October 30, 1998. DOC also moved to amend the pleadings. This motion was denied in an Interlocutory Order dated December 11, 1998. The Board declined to review the Interlocutory Order. Hearings were conducted on January 25 and 27, 1999, and the record closed on January 27, 1999. The Specifications

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Docket No.: csv4088-98
Decided: 1999-03-17
Caption: MICHAEL FERRANTE, v. COUNTY OF BURLINGTON,
Judge: ROBERT S. MILLER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Michael Ferrante (appellant) appeals from a determination of the County of Burlington (County or respondent) removing him from the position of Environmental Health Specialist effective December 3, 1997 on charges of inefficiency, conduct unbecoming a public employee, neglect of duty, misuse of public property (including a motor vehicle), and “other sufficient cause.”

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Docket No.: csv4712-98
Decided: 1999-03-08
Caption: MICHAEL WOODTON, v. STATE LIBRARY, THOMASEDISON STATE COLLEGE,
Judge: BERNARD GOLDBERG,
Summary:
STATEMENT OF THE CASE Appellant appeals the decision of respondent, the State Library, Thomas Edison State College removing him from his position. Respondent contends it was compelled to remove appellant because of his chronic and excessive unexcused absences and his numerous late arrivals for work. N.J.A.C. 4A:2-2.3(a).

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Docket No.: csv520-98
Decided: 1999-03-09
Caption: FLORENCE ALEXANDER, v. CAMDEN COUNTY,
Judge: ROBERT W. SCOTT,
Summary:
The appellant, Florence Alexander, a boiler operator with the respondent appeals her removal, effective January 2, 1997. On January 8, 1997, the appellant filed an appeal with the Merit System Board, Department of Personnel. On January 28, 1998, the matter was transmitted to the Office of Administrative Law for determination as a contested case. The respondent seeks to remove the appellant from her position pursuant to the provisions of N.J.A.C. 4A:2-2.3(a)3, for her inability to perform the duties of a boiler operator. While it is appropriate for the respondent to use the Preliminary Notice and Final Notice of Disciplinary Action, it has been held an inquiry into the physical condition of a public employee concerning the ability to perform his or her duties is not a disciplinary action. Newark v. Bellezza, 159 N.J. Super. 123 (App. Div. 1978); Pribramsky v. Little Egg Harbor Township Police Department, 96 N.J.A.R. 2d 292. However, though public employees found to be physically or medically unfit are not subject to disciplinary action, they may be terminated as a resignation in good standing to avoid the consequences of a removal from public service. Ensslin v. Township of North Bergen, 92 N.J.A.R. 2d 674 (Civil Services); Harwell v. Vineland Developmental Center, 92 N.J.A.R. 2d 679 (Civil Service); Reardon v. Monmouth County, 92 N.J.A.R. 2d 583 (Civil Service).

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Docket No.: csv6143-98
Decided: 1999-03-17
Caption: TIMOTHY DEAROLF, v. CITY OF TRENTON, DEPARTMENTOF PUBLIC WORKS,
Judge: BRUCE R. CAMPBELL,
Summary:
Timothy Dearolf, appellant, formerly a water meter repairer employed by the City of Trenton appeals his removal effective April 8, 1998 on charges that he is unable to perform his duties, that he misused public property including a motor vehicle and that he does not possess a valid driver license. The matter was opened before the Merit System Board and transmitted to the Office of Administrative Law (OAL) for determination as a contested case pursuant to N.J.S.A. 52:14F-1 through -13. The matter was heard on February 2, 1999, at the Office of Administrative Law, Trenton. Upon submission of all exhibits on February 8, 1999, the record closed. The City called its general supervisor of water meter repair. He recited his supervisory duties and testified he was a water meter repairer for more than ten years. Among other things, the water meter repairer position requires a current driver license. Water meter repairers must operate City vehicles, usually a truck. One-person crews carry out nearly all tasks. Thus, there is no other person who can drive the vehicle if the water meter repairer is unlicensed.

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Docket No.: csv6531-98
Decided: 1999-03-18
Caption: STEVEN MATTHEWS, v. DEPARTMENT OF CORRECTIONS,ALBERT C. WAGNER YOUTHCORRECTIONAL FACILITY,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of respondent's decision to remove appellant from his position as a senior correction officer (SCO) for chronic or excessive absenteeism, pursuant to the Civil Service Act, N.J.S.A. 11A:1-1 to -12.6, and regulations promulgated thereunder. Appellant requested a hearing and the matter was transmitted to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. A hearing was conducted on February 24, 1999, after which the record closed. Certain facts are undisputed. Appellant was employed by respondent for thirteen years. On February 26, 1998, appellant was scheduled to begin his shift at 4:30 a.m. At approximately 4:20 a.m. he telephoned the facility to request an emergency day off (R-1). On March 2, 1998, appellant filed a report explaining that he had been driving his sister's vehicle during this period because she had taken his car on a family vacation. At approximately 4:05 a.m. on the morning of February 26, 1998, he left the house to go to work, but the car was gone. He telephoned the police to report the vehicle stolen and was informed that actually it had been repossessed. He had no idea that his sister owed money on the car. R-6. Subsequently, appellant supplied a police report confirming that the vehicle had been repossessed (A-2).

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Docket No.: csv994-98
Decided: 1999-03-10
Caption: JOSEPH HACKMAN, v. DEPARTMENT OF CORRECTIONS,GARDEN STATE CORRECTIONALFACILITY,
Judge: KATHRYN A. CLARK,
Summary:
The appellant, Joseph Hackman, was employed as a Senior Correction Officer by the Garden State Reception and Youth Correctional Facility, Yardville, respondent. The respondent suspended appellant for 30 days, on charges.

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Docket No.: eds1937-99
Decided: 1999-03-15
Caption: MORRIS SCHOOL DISTRICT, v. V.S.,
Judge: THOMAS R. VENA,
Summary:
STATEMENT OF THE CASE This matter arises under the Individuals With Disabilities Education Act, 20 U.S.C.A. § 1400 to -1485 (IDEA), the State statutes covering the educational rights of children with disabilities, N.J.S.A. 18A:46-1 to -46, and the corresponding Federal and State regulations, 34 C.F.R. §300.1 to -300.754, and N.J.A.C. 6A:14-1.1 to 10.2.

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Docket No.: eds824-99
Decided: 1999-03-16
Caption: HOPEWELL VALLEY BOARD OF EDUCATION, v. R.D. and J.D., o/b/o minorchild, M.D.,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY On March 5, 1999, petitioner (“Hopewell”) applied before the State Director of the Office

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Docket No.: edu10067-98
Decided: 1999-03-19
Caption: SUSAN FOX, v. BOARD OF EDUCATION,TOWNSHIP OF EAST BRUNSWICK,
Judge: ROBERT S. MILLER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Susan Fox (petitioner) filed a verified petition contesting a determination of the Board of Education of the Township of East Brunswick (respondent or Board of Education) placing her son, J.F., an eighth grade student and an unemancipated minor, into a “Math 8” class, rather than the Algebra class which she desires.

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Docket No.: edu10243-97
Decided: 1999-03-18
Caption: OLD BRIDGE EDUCATION ASSOCIATION, et als., v. BOARD OF EDUCATION OF THE TOWNSHIPOF OLD BRIDGE, MIDDLESEX COUNTY,
Judge: ROBERT S. MILLER,
Summary:
STATEMENT OF THE CASE, PROCEDURAL HISTORY AND UNDISPUTED FACTS

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Docket No.: edu6526-98
Decided: 1999-03-16
Caption: IN THE MATTER OF RICHARDTULLO, BOARD OF EDUCATIONOF THE PINELANDS REGIONALSCHOOL DISTRICT, OCEANCOUNTY.
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Docket No.: edu6565-98
Decided: 1999-02-26
Caption: MIDDLESEX COUNTY EDUCATIONSERVICES COMMISSION, v. NEW JERSEY DEPARTMENTOF EDUCATION,
Judge: BRUCE R. CAMPBELL,
Summary:
In this case, the Middlesex County Education Services Commission, petitioner, (hereinafter, Commission), seeks recalculation by the Office of Compliance in the New Jersey Department of Education, respondent, (hereinafter, Department), of the sum determined by audit to be due to the Department and the Commission seeks reversal of an Office of Compliance decision to require the Commission to return $90,709 to the Department. The matter was opened before the Commissioner of Education and transmitted to the Office of Administrative Law for determination as a contested case, pursuant to N.J.S.A. 52:14F-1 through -13. The matter was heard at the Office of Administrative Law, Trenton, on January 13, 1999. Counsel timely filed posthearing papers and the record closed on January 27, 1999.

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Docket No.: abc9037-98
Decided: 1999-03-12
Caption: FEDWAY ASSOCIATES, INC.;CAPITOL WINE & SPIRITS CO.t/a JERSEY NATIONAL/CAPITOLWINE & LIQUOR CO.;PERRONE WINES & SPIRITS, INC.t/a GATEWAY-PERRONE DISTRIBUTINGCO., WASHINGTON SELECTIONS ANDLOS ANDES WINE CO.,s, v. BURGESS CELLARS,
Judge: RICHARD McGILL,
Summary:
Fedway Associates, Inc., Capitol Wine & Spirits Co. t/a Jersey National/Capitol Wine & Liquor Co., Perrone Wines & Spirits, Inc. t/a Gateway-Perrone Distributing Co., Washington Selections and Los Andes Co. (petitioners) filed a verified petition alleging discrimination against a wholesaler by Burgess Cellars (respondent) and seeking relief pursuant to N.J.S.A. 33:1-93.6 and N.J.A.C. 13:2-18.1 to -18.6. The petition, which included a request for interlocutory relief, was transmitted to the Office of Administrative Law on September 17, 1998, for determination as a contested case. On October 1, 1998, a hearing was held in regard to petitioner's request for interlocutory relief. No appearance was entered on behalf of respondent. The request for interlocutory relief was granted by Order dated October 7, 1998, and the matter was forwarded to the Director of the Division of Alcoholic Beverage for Control for review. By Order dated October 20, 1998, the Director adopted the Order dated October 7, 1998, with one minor modification. As the primary relief, respondent was temporarily enjoined from refusing, either directly or indirectly, to fill orders for various products placed by petitioners or otherwise discriminating against petitioners. Respondent was also ordered to show cause why a preliminary injunction should not be issued in this matter. The hearing on the order to show cause was originally set for November 19, 1998, and then rescheduled for January 25, 1999. Respondent did not appear for the hearing on January 25, 1999. It is also noteworthy that respondent did not file an answer to the verified petition. Petitioners presented ex parte proofs in the form of two affidavits and respondent's answers to interrogatories.

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Docket No.: hlt10716-98
Decided: 1999-03-22
Caption: W.W., v. DEPARTMENT OF HEALTHAND SENIOR SERVICES,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner (“W.W.”) requested a fair hearing to appeal the determination of the Department of Health and Senior Services (“Department”) that W.W. was not eligible for Pharmaceutical Assistance to the Aged and Disabled Program (“PAAD”) in 1997 and that W.W. must repay $5797.99 in PAAD benefits paid on behalf of W.W. during 1997.

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Docket No.: hlt11159-97
Decided: 1999-03-12
Caption: DEPARTMENT OF HEALTH AND SENIOR SERVICES, v. GARDEN STATE HEALTHCARE CENTER,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Respondent (“Garden State”) requested a fair hearing pursuant to N.J.S.A. 26:2H-13 to determine whether the assessment of penalties proposed by petitioner (“DHSS”) for Garden State's alleged failure to provide nursing staff in accordance with N.J.A.C. 8:39-25.2(b) and 25.2(e) was justified.

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Docket No.: hma1962-97
Decided: 1999-03-09
Caption: ESTATE OF S.B., v. DIVISION OF MEDICAL ASSISTANCEAND HEALTH SERVICES,
Judge: THOMAS R. VENA,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner appeals from the decision of the Division of Medical Assistance and Health Services denying its request for a waiver of a lien for correctly paid Medicaid benefits pursuant to N.J.S.A. 30:4D-7.2a, N.J.S.A. 4D-7.7 and N.J.A.C. 10:49-14.3. A hearing was requested and the matter was transmitted to the Office of Administrative Law (OAL) for determination as a contested case pursuant to N.J.S.A. 52:14F-1 to -13.

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Docket No.: lid5057-98
Decided: 1999-03-12
Caption: LOUIS MARTINEZ, v. NATIONAL DIE AND BUTTONMOULD, INCORPORATED,
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE Petitioner is challenging his layoff from employment by Respondent based on the unavailability of a position with the medical restrictions which had been placed on Petitioner. Instead, petitioner asserts he was laid off in retaliation for pursuing a worker's compensation claim.

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Docket No.: puc2655-98
Decided: 1999-02-10
Caption: IN THE MATTER OF THE PETITION OF PENNSGROVE WATER SUPPLY COMPANYFOR AN INCREASE IN RATES FOR WATER SERVICE
Judge: LOUIS G. McAFOOS,
Summary:
t/a: From the Company's reply brief it is apparent that only four issues remain in controversy at this time; those being the level of management expense to be allowed, the treatment to be afforded depreciation expense of contributed property, rate case expenses, and the question of a rate increase phase in.

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Docket No.: trp5710-97
Decided: 1999-03-12
Caption: OUTDOOR SYSTEMS, INC.,R.C. MAXWELL COMPANY,UNIVERSAL OUTDOOR CO. ,STEEN OUTDOOR ADVERTISING, andALLIED OUTDOOR ADVERTISING, INC.s, v. NEW JERSEY DEPARTMENT OFTRANSPORTATION,
Judge: BEFORE: KEN R. SPRINGER,
Summary:
Statement of the Case This is a remand from the Appellate Division to determine petitioners' “as applied” constitutional challenge to the annual fees for outdoor advertising permits. By the authority of N.J.S.A. 27:5-18(a), the New Jersey Department of Transportation (“NJDOT”) adopted regulations in 1997 which substantially increase the fees paid by licensed outdoor advertising companies to maintain billboards at particular locations. That statute requires that fees collected by the agency cannot exceed the cost of administering the program. Both parties agree that NJDOT's “direct” cost of administering the program is roughly $885,000. However, NJDOT contends that the statute also authorizes it to recover “indirect” or “overhead” costs totaling $520,476. Petitioners, including some of the largest permit holders in the state, attack the fee increase on several grounds: First, they allege that the statute, as interpreted against a background of legislative history and past agency practice, does not allow NJDOT to collect indirect costs. In constitutional terms, they argue that the fees fixed by NJDOT constitute an impermissible tax or revenue-raising measure, which power the Legislature cannot delegate to the Executive Branch. Second, they question the NJDOT's methodology of calculating indirect costs based on labor costs. Third, they dispute the fee structure which charges a greater permit fee for larger signs. Fourth, they mount various constitutional challenges to the validity of the fees, claiming that the state action violates their right to free speech, creates an undue burden on interstate commerce, and deprives them of due process and equal protection of the law.

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Docket No.: typ4115-98
Decided: 1999-03-10
Caption: RALPH WHILDEN, v. PUBLIC EMPLOYEES' RETIREMENT SYSTEM,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The petitioner was denied ordinary disability retirement on March 19, 1998, because the Board of Trustees of the Public Employees' Retirement System (PERS) determined that he was not totally and permanently disabled from the performance of his regular and assigned duties. N.J.S.A. 43:15A-42. He is eligible for deferred retirement.

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Docket No.: typ4116-98
Decided: 1999-03-16
Caption: THOMAS SEEGERS, v. PUBLIC EMPLOYEES'RETIREMENT SYSTEM,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner appeals from the denial of his request for accidental disability retirement benefits in the Public Employees Retirement System. The denial occurred on February 19, 1998 (J-5), and after the submission of a request for hearing, the matter was transmitted to the Office of Administrative Law (OAL) on April 30, 1998, for hearing as a contested case. The matter was assigned to the undersigned Administrative Law Judge (ALJ) on May 29, 1998, and was scheduled for hearing on August 6, 1998.

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Docket No.: typ4475-98
Decided: 1999-03-18
Caption: HOWARD E. CURRY, v. STATE HEALTH BENEFITS COMMISSION,
Judge: BEATRICE S. TYLUTKI,
Summary:
: This matter concerns the determination of the respondent, State Health Benefits Commission (Commission), that the petitioner, Howard E. Curry, is not eligible for paid retirement medical insurance coverage. In denying the petitioner's request for this coverage, the Commission stated: To be eligible for retired state health benefits, coverage must be a continuance into retirement. Mr. Curry did not retire from a state administered retirement system. He resigned from a state agency and then continued employment and finally retired from the County of Burlington. Mr. Curry is considered to have resigned from state employment, deferred his retirement when he chose not to take retirement at the time of his resignation from state employment. Also he was employed part-time with Pemberton Board of Education and Burlington County so he would not be entitled to State Health Benefits because both positions were part-time.

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Docket No.: csv2196-98
Decided: 1999-04-07
Caption: FELICIA LAWSON, v. WOODBINE DEVELOPMENTAL CENTER,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The appellant was removed from her position as a Cottage Training Technician at the Woodbine Developmental Center, effective April 8, 1997. She requested a hearing de novo and the matter was transmitted to the Office of Administrative Law (OAL) to be heard as a contested case pursuant to the Administrative Procedures Act N.J.S.A. 52:14B-1 to -15, and the act creating the OAL N.J.S.A. 52:14F-1 to -13.

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Docket No.: abc8560-98
Decided: 1999-04-08
Caption: FJN GOODLANDS, INC., v. DIVISION OF ALCOHOLICBEVERAGE CONTROL,
Judge: BERNARD GOLDBERG,
Summary:
STATEMENT OF THE CASE Petitioner FJN Goodlands, Inc. (FJN) seeks the Division of Alcoholic Beverage Control Director's special ruling permitting it to file a renewal application of its seasonal retail consumption license (No. 1348-34-003-003) with the Boro of Spring Lake for the license year 1998-99. N.J.S.A. 33:1-12.39. A hearing was requested and the matter was transmitted to the Office of Administrative Law (OAL) 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.

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Docket No.: abc8873-98
Decided: 1999-04-07
Caption: PRITHA, INC., t/a SPORTSTURF, LICENSE NO. 1303-33-058-004 v. CITY OF ASBURY PARK,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter is the de novo hearing of petitioner's (“Pritha”) appeal for the extension of Plenary Retail Consumption License No. 1303-33-058-004 for the 1998-1999 license period. Respondent (“Asbury Park”) failed to renew said license when the resolution to renew said license failed to receive 3 affirmative votes (Exhibits P-2 and -3).

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Docket No.: cma11077-98
Decided: 1999-03-26
Caption: PATRICIA GAMAREKIAN, v. FORD MOTOR COMPANY,
Judge: DIANA SUKOVICH,
Summary:
PROCEDURAL HISTORY

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Docket No.: abc1048-97
Decided: 1999-03-01
Caption: DIVISION OF ALCOHOLIC BEVERAGE CONTROL, v. ROSEVILLE DELI WINE & LIQUORS, INC.,
Judge: BEFORE: THOMAS E. CLANCY,
Summary:
In this matter, petitioner filed four charges against the respondent (see attached Exhibit CT-1), which were scheduled to be heard at the Office of Administrative Law (OAL) on February 22, 1999. On that day however, no one appeared on behalf of the respondent to address the charges. Nevertheless, the undersigned granted the petitioner's request to conduct an ex parte hearing pursuant to N.J.A.C. 1:1-14.4(c).

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Docket No.: csv3661-98
Decided: 1999-04-01
Caption: WILLIAM CARROLL, v. MORRIS COUNTY,
Judge: MARIA MANCINI LA FIANDRA,
Summary:
STATEMENT OF THE CASE Appellant challenges the removal from his position of Sheriff's Officer, Morris County, on charges of conduct unbecoming a public employee, insubordination, conduct prejudicial to the efficiency, good name and reputation of the office, and refusal to answer questions put to him by a competent authority in a department personnel investigation when he had been so directed.

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Docket No.: csv4084-98
Decided: 1999-04-07
Caption: FREDERICK COSTANZO, v. CITY OF TRENTON,DEPARTMENT OF PUBLIC WORKS,
Judge: STEVEN C. REBACK,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This is an appeal by Frederick Costanzo from his removal as a General Supervisor with the Department of Public Works, City of Trenton, effective January 7, 1998, based upon his purported violation of the “residency” requirement set forth for city employees by municipal ordinance promulgated by the City of Trenton #2-21.12. The regulatory basis of his removal is that he violated N.J.A.C. 4A:2-2.3(A). The matter was initiated by the issuance of a Preliminary Notice of Disciplinary Action, dated December 10, 1997, charging Mr. Costanzo with violation of the City's residency requirement. Mr. Costanzo requested an interdepartmental hearing which was conducted on December 18, 1997. That hearing upheld both the charge of violating the residency requirement as well as his removal from his position as a General Supervisor with the Department of Public Works. Thereafter, through counsel, Mr. Costanzo requested a plenary hearing and the Merit System Board granted that request and on April 30, 1998 it transmitted the appeal to the Office of Administrative Law (OAL) 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. The matter was then heard at the Office of Administrative Law Mercerville, New Jersey on December 23, 1998. Thereafter, the parties submitted posthearing legal arguments primarily directed to the issue of the legal construction of the term “residency” and/or “domicile.” The appellant's submission was received on February 18, 1999 and the respondent's was received on March 4, 1999, at which time the record in these proceedings closed.

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Docket No.: csv4498-98
Decided: 1999-04-07
Caption: VINCENT MIGLIACCIO, v. TRENTON CITY DEPARTMENTOF PUBLIC SAFETY,
Judge: BERNARD GOLDBERG,
Summary:
Appellant appeals the March 21, 1997 decision of the Trenton City Direction of the Department of Public Safety, removing him from his position of Police Office retroactive to February 5, 1997 because he tested positive for marijuana use. N.J.A.C. 4A:2-2.3(a)6. Appellant contends the Department relied upon the results of an initial urine drug test without conducting the required gas chromatography/mass spectrometry (GC/MS) confirmatory test as required by Section III (page 7) of the Attorney General's Guidelines for Drug Screening of Law Enforcement Officers. Appellant appealed timely and the matter was transmitted to the Office of Administrative Law (OAL) 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. The hearing was held at the OAL, Mercerville, New Jersey on February 18, 1999. After testimony concluded the parties chose to submit their closing arguments in writing. The Department's written summary was received at the OAL on March 17, 1999. With the receipt of appellant's response on March 30, 1999, the hearing record was closed.

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Docket No.: csv5123-98
Decided: 1999-03-31
Caption: BRIAN A. WHITTLE, v. CITY OF EAST ORANGE
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE Appellant Brian Whittle appeals his removal, effective March 10, 1998, from his position as a firefighter with the East Orange Fire Department (Department). The appointing authority, the City of East Orange, served appellant with a Preliminary Notice of Disciplinary Action on January 9, 1998, charging appellant with being absent without leave, violation of the sick leave policy, violation of the drug and alcohol policy and conduct unbecoming a member of the fire department. On February 13, 1998, East Orange served Whittle with a Final Notice of Discharge. Whittle filed a timely appeal in the matter.

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Docket No.: csv6116-98
Decided: 1999-03-25
Caption: SHAKYRA SMITH, v. HUMAN SERVICES - WOODBINEDEVELOPMENTAL CENTER,
Judge: JOHN R. FUTEY,
Summary:
STATEMENT OF THE CASE

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Docket No.: eds718-99
Decided: 1999-03-18
Caption: B.L., v. COLTS NECK BOARD OF EDUCATIONAND WOODCLIFF ACADEMY,
Judge: KATHRYN A. CLARK,
Summary:
This matter was transmitted to the Office of Administrative Law (OAL) as a contested case, pursuant to N.J.A.C. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. A hearing was scheduled before this Administrative Law Judge for March 17, 1999 at the Office of Administrative Law, Mercerville, New Jersey.. On March 17, 1999, prior to the commencement of the hearing on the above-captioned matter, the Administrative Law Judge raised an issue that had become apparent through reading the pre-hearing submissions from Colts Neck and Woodcliff - the question of standing.

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Docket No.: eds719-99
Decided: 1999-03-23
Caption: LENAPE REGIONALBOARD OF EDUCATION, v. T. C.,
Judge: BEATRICE S. TYLUTKI,
Summary:
Lenape Regional Board of Education (Board) filed a petition on February 9, 1999, with the Commissioner of Education, asking that the respondent, T.C., be ordered to participate in an evaluation, to determine whether she should be classified eligible for special education. Neither T.C. nor her mother responded to the petition and they did not attend a transmittal conference scheduled by the Office of Special Education Program.

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Docket No.: eds987-99
Decided: 1999-04-05
Caption: R.S., A MINOR CHILD, BY HISPARENTS, R.S. AND I.S., v. UNION BEACH BOARDOF EDUCATION,
Judge: JOSEPH F. MARTONE,
Summary:
STATEMENT OF THE CASE In this matter, petitioner, R.S., the father of R.S., a minor child, requested a due process emergency relief hearing concerning the issue of the issue of respondent's denial of transportation for R.S. This matter was transmitted to the Office of Administrative Law (OAL) on March 16, 1999, and in accordance with 20 U.S.C.A. §1415 and 34 C.F.R. §300.500 to §300.587, the Commissioner of the Department of Education requested that an Administrative Law Judge (ALJ) be assigned to conduct the hearing in this matter. The Director of the OAL assigned the undersigned to hear this matter, pursuant to N.J.S.A. 52:14F-5o. An immediate hearing on the application for emergent relief was offered, but the parties declined, and the parties agreed that the matter be scheduled for hearing on April 1, 1999.

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Docket No.: esa10633-96
Decided: 1999-04-02
Caption: LONGPORT GROUP, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION,LAND USE REGULATION PROGRAM,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE Activity in shellfish habitat, a valuable resource, is regulated by laws including the Coastal Zone Management rules. N.J.A.C. 7:7E-1.1 et seq. Development that would cause the destruction, condemnation or contamination of shellfish habitat is prohibited generally and discharge of a pollutant into shellfish growing waters is prohibited generally. N.J.A.C. 7:7E-3.2(c) & (d); N.J.S.A. 58:24-5. Petitioner Longport Group (applicant), a partnership, applies for a waterfront development permit for construction of a fixed pier in shellfish habitat waters in Beach Thorofare, west of Margate City. However, the Department of Environmental Protection's (DEP's) Land Use Regulation Program (Program) submits that, under N.J.A.C. 7:7E-3.2(d), the permit may not be granted.

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Docket No.: hma3941-93
Decided: 1999-03-15
Caption: IN THE MATTER OF MICHAEL J. SODANO
Judge: SEBASTIAN GAETA,
Summary:
STATEMENT OF THE CASE Petitioner, Michael J. Sodano, appeals his permanent disqualification as a provider from the New Jersey Medicaid program pursuant to N.J.S.A. 30:4D-17.1a and N.J.A.C. 10:49-11.1(j)5. That action was based upon petitioner's plea agreement, filed July 31, 1992, entered with the United States attorney for the District of New Jersey in regard to Federal Indictment No. 91-116, relating to theft from programs receiving Federal funds and soliciting or demanding bribes from any person in connection with Title 18 programs, in violation of Title 18, United States Code.

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Docket No.: mvh5078-97
Decided: 1999-03-16
Caption: DIVISION OF MOTOR VEHICLES, v. LAWRENCE D. HENRY,
Judge: MICHAEL L. ravin,
Summary:
STATEMENT OF THE CASE This proceeding involves the proposed suspension of Mr. Henry's driving privileges for operating a motor vehicle during a period of suspension in violation of N.J.S.A. 39:3-40. Persons who ignore a valid license suspension order are subject to an additional suspension of up to six (6) months.

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Docket No.: typ01653-97
Decided: 1999-03-18
Caption: PAUL GAPCH, v. STATE POLICE RETIREMENT SYSTEM,
Judge: R. JACKSON DWYER,
Summary:
; STATEMENT OF THE CASE AND PROCEDURAL HISTORY At its meeting of November 27, 1996, the Board of Trustees of the State Police Retirement System (SPRS, the Board) approved petitioner's involuntary application for ordinary disability retirement filed by the New Jersey State Police effective January 1, 1997. By letter dated January 13, 1997, petitioner's counsel, Karen M. Spano, wrote to the Board appealing the determination of the Board approving the petitioner's involuntary application for an ordinary disability retirement allowance. The Board approved petitioner's request for a hearing to appeal the Board's determination of November 27, 1996.

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Docket No.: caf10896-97
Decided: 1999-04-20
Caption: L. ROBERT KIMBALL & ASSOCIATES, v. DEPARTMENT OF COMMUNITYAFFAIRS, BUREAU OF CONSTRUCTIONPROJECT REVIEW,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of respondent's denial of petitioner's application for a variation from the strict requirements of the Uniform Construction Code Act (Act), N.J.S.A. 52:27D-119 to -141, and regulations promulgated thereunder. Petitioner requested a hearing and the matter was transmitted to the Office of Administrative Law (OAL) as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. A hearing was conducted on April 7, 1998, and the record closed on May 7, 1998, with receipt of post-hearing memoranda. Thereafter the record was reopened to hear additional witnesses and closed again on March 26, 1999, with the presentation of this testimony. The questions presented are whether a material known as Laticrete 9235 (Laticrete) is authorized for use as a shower pan liner in New Jersey. If not, then whether petitioner qualifies for a variation under N.J.A.C. 5:23-2.9. If not, then whether petitioner's application for the retroactive approval of Laticrete is more properly governed by N.J.A.C. 5:23-3.7. Finally, whether respondent is estopped by the actions of its agents from enforcing any prohibition on the installation of Laticrete.

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Docket No.: cma3007-99
Decided: 1999-04-16
Caption: CATHY AND DONALD JAUCH, v. KIA MOTORS OF AMERICA, INC.,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioners Cathy and Donald Jauch on May 16, 1997, accepted delivery of a leased 1997 KIA Sportage from Mahwah Ford. On or about February 25, 1999, the New Jersey Division of Consumer Affairs, Lemon Law Unit, accepted petitioners' application for the New Jersey Lemon Law Dispute Resolution System, pursuant to N.J.S.A. 56:12-29 to -49. Petitioners seeks recovery of the amount paid on the vehicle due to an alleged nonconformity. Respondent KIA Motors of America, Inc., denies the allegations and seeks to dismiss the complaint.

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Docket No.: cma3086-99
Decided: 1999-04-16
Caption: GREGORY THEALL, v. KIA MOTORS AMERICA, INC.,
Judge: RICHARD McGILL,
Summary:
Gregory Theall (petitioner) seeks a refund pursuant to the Lemon Law, N.J.S.A. 56:12-29 to -49, from Kia Motors America, Inc. (respondent) for a 1998 Kia Sportage. Respondent denies that petitioner is entitled to relief under the Lemon Law.

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Docket No.: csv10072-97
Decided: 1999-04-22
Caption: ULISES MC LEAN, v. DEPARTMENT OF HUMANSERVICES,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE Appellant, Ulises McLean, appeals his termination as a Human Services Technician (HST) in Trenton Psychiatric Hospital, Department of Human Services.

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Docket No.: csv2186-98
Decided: 1999-04-15
Caption: ISIAH SCOTT, JR., v. TRENTON PSYCHIATRIC HOSPITAL,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of respondent's decision to dismiss appellant from his position as a human services technician (HST), pursuant to the Civil Service Act, N.J.S.A. 11A:1-1 to -12.6, and regulations promulgated thereunder. Appellant requested a hearing and the matter was transmitted to the Office of Administrative Law 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. A hearing was conducted on March 11, 1999, after which the record closed. Certain facts are undisputed. Appellant commenced employment with respondent in 1989 and was dismissed as a result of an incident that occurred at approximately 11:35 a.m. on April 3, 1997. Appellant was charged with sleeping on duty while assigned as a hall monitor. Respondent serves patients with acute psychiatric disorders, which includes the criminally insane, suicidal patients and mentally ill chemical abusers.

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Docket No.: csv3444-96
Decided: 1999-04-08
Caption: KEITH JORDAN, v. POLICE DEPARTMENT,CITY OF NEWARK,
Judge: ELINOR R. REINER,
Summary:
Procedural History As the result of charges brought against appellant Keith Jordan by respondent Police Department, City of Newark, appellant was removed from his position as a police officer effective August 25, 1995. Appellant appealed to the Merit System Board and on March 26, 1996, the matter was transmitted to the Office of Administrative Law as a contested case for hearing pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. The hearing was held on October 17 and November 20, 1996, January 3, January 28 and April 11, 1997, and November 30, 1998, at the Office of Administrative Law, 185 Washington Street, Newark, New Jersey. Witnesses who testified and exhibits marked into evidence at the time of the hearing are listed in the attached appendix. At the conclusion of the hearing, respondent submitted proposed findings of fact and conclusions of law, as well as a copy of the transcript of appellant's testimony in a separate matter and a copy of a memorandum dated November 12, 1993 regarding a city ordinance providing for a towing cancellation fee, which were marked into evidence. Appellant did not file a brief. The record closed after the time period granted to counsel for the submission of briefs.

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Docket No.: csv4043-98
Decided: 1999-04-22
Caption: CHRISTINE REED, v. MID STATE CORRECTIONALFACILITY, DEPARTMENT OFCORRECTIONS,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter involves the appeal of Christine Reed (hereinafter appellant) from the determination of the Mid State Correctional Facility, Department of Corrections, (hereinafter respondent) removing her from her position Senior Correction Officer, effective March 27, 1996, on charges. On January 27, 1996, respondent served appellant with a Preliminary Notice of Disciplinary Action setting forth charges of insubordination based upon appellant's alleged refusal to submit a urine specimen for drug screening purposes. An intra-departmental hearing was conducted on March 14, 1996, following which by Final Notice of Disciplinary Action, dated March 26, 1996, respondent advised appellant that the charges were sustained and that she was removed from her position as a result thereof, effective March 27, 1996. Appellant requested a hearing to contest the determination and on May 28, 1996 the Department of Personnel transmitted the matter to the Office of Administrative Law for determination as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. The case was assigned OAL Dkt. No. CSV 4512-96 and a hearing was scheduled for June 13, 1997, at the Trenton office of the Office of Administrative Law. By letter dated May 9, 1997 Deputy Attorney General Robert Pelletreau, Jr., advised the Office of Administrative Law that appellant had withdrawn her appeal. Thereafter appellant requested reconsideration of the Merit System Board's final administrative action, rendered June 10, 1997, which had acknowledged the withdrawal of her removal appeal. By decision issued April 6, 1998, the Merit System Board concluded that the matter had been marked “withdrawn” in error and retransmitted the file to the Office of Administrative Law for a determination as a contested case. The file was returned to the Office of Administrative Law on April 28, 1998, and was assigned the above-captioned docket number.

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Docket No.: csv6450-98
Decided: 1999-04-23
Caption: ASA L. PHILLIPS, v. COUNTY OF MERCER,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant (“Phillips”) appeals the disciplinary action taken as the result of a hearing held by respondent - appointing authority (“Mercer County”) on September 13, 1996 of charges of violation of sick leave verification policy and violation of settlement agreement (Preliminary Notice of Disciplinary Action, Exhibit R-2). The Final Notice of Disciplinary Action, amended November 25, 1996 (Exhibit R-3) indicates that the disciplinary charge of violation of sick leave verification policy was sustained as a result of the hearing held on October 15, 1996 and Phillips was removed from his position of correction officer effective November 8, 1996.

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Docket No.: csv7835-98
Decided: 1999-04-20
Caption: MICHAEL P. FRISCH, v. CITY OF PLAINFIELD,
Judge: THOMAS R. VENA,
Summary:
Appellant, the former Electrical Subcode Official, appeals the decision of the Respondent, City of Plainfield, effectuating a layoff terminating his employment for reasons of economy or efficiency effective December 31, 1996. Appellant was first notified of his layoff by letter dated September 30, 1996, from Henry C. Kita, City Administrator, and individual notice of layoff of the same date from Mr. Kita, advising him that he would be laid off for reasons of economy and efficiency effective November 15, 1996. Appellant was also notified to that effect by Morris J. Farinella, Manager, Division of Human Resources of the Department of Personnel. By memo dated November 14, 1996, Appellant was notified that his effective layoff date has been extended to November 29, 1996, and via subsequent memo from Mr. Kita dated November 27, 1996, his layoff was made effective December 31, 1996, at which point it took place (R-1). Appellant timely filed a request for a hearing and the Department of Personnel (DOP) transmitted the matter to the Office of Administrative Law (OAL) for a hearing as a contested case, which was held on April 14, 1999. At the conclusion of the hearing, the record was closed.

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Docket No.: csv8125-98
Decided: 1999-04-13
Caption: MICHAEL A. BROWN, v. CITY OF CAMDEN,
Judge: JOSEPH F. FIDLER,
Summary:
STATEMENT OF THE CASE Michael A. Brown, a Water Repairer with the City of Camden Water Department, appeals from a suspension for 25 days on disciplinary charges of insubordination, conduct unbecoming a public employee, and misuse of public property. In its preliminary notice of disciplinary action (Exhibit J-1) dated August 1, 1997, respondent appointing authority specified the disciplinary charges against appellant as follows:

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Docket No.: eds2042-99
Decided: 1999-04-20
Caption: COLLINGSWOOD BOARDOF EDUCATION, v. J.T.,
Judge: KATHRYN A. CLARK,
Summary:
In this matter, the Board of Education of Collingswood is bringing an emergent relief application against the parents of J.T. for release of J.T.'s records to those evaluators scheduled to perform evaluations and a functional behavior assessment, pursuant to this bench's ORDER of February 26, 1999. Board's counsel stated that the substance of the present hearing involves whether materials or records, either in possession of the Board or sent to the Board by respondents in compliance with a directive of this bench or of the Federal District Court, may then be shared by the Board with the person or persons or organizations to be performing an evaluation or functional behavior assessment of J.T. This tribunal believes that such sharing of information with evaluators was contemplated and incorporated in its ORDER of February 26, 1999.

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Docket No.: eds3609-99
Decided: 1999-04-22
Caption: WESTFIELD BOARD OF EDUCATION, v. P.U.,
Judge: MARGARET M. HAYDEN,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This matter arose with the filing by the Westfield Board of Education (District) of a request for due process on or about March 16, 1999. The District seeks the determination that the IEP proposed by the District on February 3, 1999, including classification, placement, and program, was educationally appropriate for P.U. and reasonably calculated to permit P.U. to derive educational benefits. On March 25, 1999, the New Jersey Department of Education, Office of Special Education Programs scheduled a hearing date at the Office of Administrative Law (OAL) for April 20, 1999, and notified Mr. and Mrs. U. as well as the District.

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Docket No.: abc10879-98
Decided: 1999-04-09
Caption: FANTASIES SOUTH, INC.,LICENSE NO. 1513-33-002-005 v. BOROUGH OF LAKEHURST,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner appeals the imposition of a condition restricting forms of entertainment in respondent's resolution approving person-to-person transfer of Plenary Retail Consumption License No. 1513-33-002-005(“license”).

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Docket No.: edu3937-98
Decided: 1999-04-14
Caption: J.M. and D.M. on behalf of minor child J.L.M.s, v. BOARD OF EDUCATION OF THE CITY OFSUMMIT, UNION COUNTY,
Judge: SEBASTIAN GAETA, JR.,
Summary:
Statement of Case and Procedural History

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Docket No.: edu604-98
Decided: 1999-04-15
Caption: NEW JERSEY DEPARTMENT OFHUMAN SERVICES, v. TIMOTHY FITZPATRICK,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter commenced on December 29, 1997, when the New Jersey Department of Human Services (hereinafter petitioner) filed tenure charges pursuant to N.J.S.A. 18A:60-2 and 18A:6-9 against Timothy Fitzpatrick (hereinafter respondent), a tenured teacher, alleging unbecoming conduct and seeking an order from the Commissioner of Education imposing a 30-day suspension as a result thereof. Respondent filed an answer on his own behalf on January 23, 1998 and on February 2, 1998, the Commissioner of Education transmitted the matter to the Office of Administrative Law for determination as a contested case. The prehearing conference was scheduled for May 7, 1998. That date was adjourned, however, when proposed counsel on behalf of respondent failed to file a timely pro hac vice motion. The motion which was ultimately filed to admit Paul D. Muller pro hac vice required several submissions and time for consideration and determination. An order denying the motion was entered by the undersigned on July 1, 1998. An application for reconsideration was filed on July 15, 1998 and was denied on July 16, 1998. Thereafter, the prehearing conference was rescheduled and was conducted on August 13, 1998. The prehearing order which was entered on August 14, 1998, scheduled the plenary hearing for November 2, 1998. The hearing took place on November 24, 1998, at the Trenton office of the Office of Administrative Law. Following the close of testimony the record remained open for the receipt of written submissions. Simultaneous initial written memoranda were received on behalf of each party on December 24, 1998. Each party filed a reply on January 15, 1998, whereupon the record closed.

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Docket No.: esw788-93
Decided: 1999-04-12
Caption: I/M/O PETITION OF THE PASSAICCOUNTY UTILITIES AUTHORITY FORA DECLARATORY RULING REGARDINGTHE CONTINUING OBLIGATION OFPENPAC, INC. TO PROVIDE TRANSFERSTATION SERVICES AND RATES FORSERVICES
Judge: IRENE JONES,
Summary:
PROCEDURAL HISTORY

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Docket No.: hlt358-98
Decided: 1999-04-21
Caption: DEPARTMENT OF HEALTHAND SENIOR SERVICES, v. WOODLAND CARE CENTER,
Judge: ROBERT W. SCOTT,
Summary:
The respondent is seeking relief from an administrative penalty of $7,500 for a violation of N.J.A.C. 8:39-25.2(b) for a shortage of nursing hours by the petitioner from July 13 through August 2 of 1997. The respondent received notice of the petitioner's assessment of penalty on November 27, 1997, and on December 24, 1997, the respondent requested a hearing. On January 21, 1998, the matter was transmitted to the Office of Administrative Law for determination as a contested case. The facts in this matter are not in dispute. On January 9, 1997, the respondent reduced the number of beds it was using in its facility which provides nursing home services because of a shortage of nursing personnel. However, on May 19, 1997, representatives of the petitioner visited the respondent's facility and noted a continuing nursing shortage. For this shortage the respondent was eventually assessed a penalty of $2,500 and requested to submit a plan of correction for this shortage. On July 15, 1997, the respondent notified the petitioner that it had hired seven new nurses or certified nursing assistants and was running help-wanted ads in the local newspaper. The respondent was also providing additional overtime to nursing personnel and had sent letters to nursing schools offering summer employment. Further, notices had been posted by the respondent in local supermarkets and unemployment offices seeking nursing help. The respondent also provided an externship center for Camden high school students interested in a certified nursing assistant program. Additionally, the respondent had gone to twelve-hour shifts on weekends for nursing services. Further, the director of nursing and the administrator of the respondent were to review weekly nursing hours.

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Docket No.: hma11273-99
Decided: 1999-04-14
Caption: IN THE MATTER OF E.G.
Judge: sebastian gaeta, jr.,
Summary:
STATEMENT OF THE CASE Petitioner, E.G. requested this fair hearing to review respondent's termination of her Medicaid eligibility for failure to seek her elective share of her late husband's estate as she was entitled to pursuant to N.J.S.A. 3B:8-1, et seq. The matter was scheduled for hearing on January 14, 1999.

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Docket No.: puc06558-98
Decided: 1999-04-22
Caption: ANTHONY C. CRISALLI, v. SHORELANDS WATER COMPANY, INC.,
Judge: JEFF S. MASIN,
Summary:
Shorelands Water Company, Inc., rendered a bill for services to the petitioner due on January 24, 1998, seeking payment of $852.24 for the period from September 29, 1997, through December 30, 1997. Mr. Crisalli paid a portion of the bill, but disputed Shorelands' right to the remaining $679.24, claiming that the bill was excessive and not properly reflective of his use. After attempts to resolve the dispute were unsuccessful, the Board of Public Utilities transferred the case to the Office of Administrative Law (“OAL”) as a contested case. A hearing was conducted on March 17, 1999, before this judge. The record closed following testimony and closing remarks by counsel for Shorelands and by Mr. Crisalli. Mr. Crisalli lives at 9 Windswept Road in Holmdel. He receives water from Shorelands. His home sits on nearly one acre of property. It has an underground sprinkler and a pool. The home itself has 2 1/2 baths.

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Docket No.: rac00172-98
Decided: 1999-04-13
Caption: JAMES CAMPBELL, v. NEW JERSEY RACING COMMISSION,
Judge: JEFF S. MASIN,
Summary:
The New Jersey Racing Commission's Board of Judges at Freehold Raceway (“Commission”) charged that a blood sample taken on October 25, 1997, from Ramses Two, a standard bred horse trained by James Campbell (“Campbell”), produced results which established that the horse had a level of total carbon dioxide (tCO2) in its blood which was more than the limit allowable under N.J.A.C. 13:71-23.3A. That regulation, effective April 19, 1993, which provides for post-race blood gas testing of horses, states (a) An excess level of total carbon dioxide (TCO2) in the race horse is deemed adverse to the best interests of harness racing, and adverse to the best interests of the horse in that such condition alters its normal physiological state. Accordingly . . . on the date of the race and following a minimum one-hour standing at rest period for the horse subsequent to the conclusion of the race within which it competed, a State Veterinarian representing the Commission may obtain blood samples from the horse for the purpose of the testing of said samples by the Racing Commission laboratory for TCO2 level on a Clinical Auto Analyzer that applies an ion selective electrode method (ISE) for measuring TCO2 in blood. Where the TCO2 level, based upon such testing equals or exceeds the following levels, the judges shall order the relief authorized pursuant to (b) below: 1. Thirty-seven (37) or more millimoles per liter . . .

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Docket No.: trp04765-98
Decided: 1999-04-22
Caption: DELCO SIGNS, v. NEW JERSEY DEPARTMENT OFTRANSPORTATION,
Judge: JEFF S. MASIN,
Summary:
Delco Signs (“Delco”) filed application No. 65491with the New Jersey Department of Transportation (“DOT”) seeking a permit for a double sided outdoor advertising sign to be erected on a pylon in a location approximately 200 feet to the north of the westbound side of Route I-295 at mile post 0.5 SRD. The pylon, which according to the application is to be 150 feet in height, but which it also indicates might be of lesser height, would be located along the approach route leading up to the Delaware Memorial Bridge and continuing into the State of Delaware. Each sign would be 60 feet wide and 16 feet, eight inches high, for a total of 1,008 square feet for each of the two signs. On April 13, 1998, the DOT issued a conditional approval subject to any objection which the Delaware River and Bay Authority (“DRBA”) chose to file. The DRBA filed an objection on April 23, 1998, and the DOT transferred the matter to the Office of Administrative Law (“OAL”) as a contested case on June 17, 1998, pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. A prehearing conference was held on September 11, 1998, and a prehearing order was issued on September 23, 1998. A hearing was scheduled for January 20 and 21, 1999, which was adjourned due to a trial commitment for Delco's counsel. A hearing scheduled for March 3 was adjourned due to the judge having had emergency surgery. Hearings were conducted on March 25 and 26, 1999, at the OAL in Mercerville. The record closed on March 26, 1999, following testimony and argument of counsel. Many of the important facts regarding the geographic, traffic and safety issues presented by this application are reviewed in a prior , Delco Corporation v. New Jersey Department of Transportation and Delaware River and Bay Authority, TRP 2164-97 and TRP 4302-97 (Consolidated), , January 27, 1998, adopted, Commissioner of Transportation, affirmed, Appellate Division, Dkt. No. A-4690-97T5, March 19, 1999, (unpublished decision). However, while many of the same factors of geography, traffic and safety are again raised in this case, here Delco proposes to place the sign on the opposite side of I-295 from the spot where it previously sought to place application No. 65189, which was to be located at milepost 0.5 NRD. That application was denied in the previous matter. As will be detailed below, the current application, while not presenting a situation entirely free of any safety concerns, nevertheless presents a different picture than that which led to the denial of the previous application. A careful analysis of the evidence here demonstrates that unlike the application previously denied, this application is not for a sign which is of such a size, type or character or which is to be placed at such a location as to be likely to pose a danger to public safety, health or property, N.J.A.C. 16:41C-3.1(g), and it can therefore be approved in accordance with the applicable regulations.

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Docket No.: typ07007-98
Decided: 1999-04-27
Caption: BARBARA BONOMO, v. PUBLIC EMPLOYEES RETIREMENTSYSTEM,
Judge: Before THOMAS R. VENA,
Summary:
STATEMENT OF THE CASE This is an appeal from the Board of Trustees of the Public Employee's Retirement System determination of May 20, 1998, denying Petitioner her application for a finding that Bergen County was obliged to pay pension contributions on her behalf in order that she retire with twenty-five years of PERS service.

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Docket No.: typ4118-98
Decided: 1999-04-20
Caption: CATHERINE TESTA, v. BOARD OF TRUSTEES,PUBLIC EMPLOYEES' RETIREMENTSYSTEM,
Judge: ROBERT S. MILLER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Catherine Testa (petitioner) appeals from a determination of the Board of Trustees, Public Employees' Retirement System (Board of Trustees or respondent) denying her application for accidental disability retirement under N.J.S.A. 43:15A-43.

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Docket No.: typ4623-98
Decided: 1999-04-12
Caption: JOHN COUGHLIN, v. PUBLIC EMPLOYEES' RETIREMENT SYSTEM,
Judge: JOHN R. FUTEY,
Summary:
STATEMENT OF THE CASE In this matter petitioner John Coughlin (“Coughlin”) appeals the denial of extra compensation as being pensionable, which determination had been made by respondent, the Public Employees' Retirement System (“The Board”).

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Docket No.: eds8391-98
Decided: 1999-04-09
Caption: L. G., v. SOUTHERN GLOUCESTER COUNTYREGIONAL BOARD OF EDUCATION,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Docket No.: caf4525-98
Decided: 1999-04-07
Caption: LOUIS CYKTOR, JR., LOUIS CYKTOR III,ANNE CYKTOR, IRVING SORRENTINI,DARYL SORRENTINI, ROBERT G. PAULUS,KATHLEEN PAULUS, WICK BUILDERS, INC.and CANACO, INC. ,s, v. ASPEN MANOR CONDOMINIUMASSOCIATION and BUREAU OFREGULATORY AFFAIRS, DEPARTMENTOF COMMUNITY
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Docket No.: caf4792-97
Decided: 1999-04-29
Caption: HOBBY HOMES, v. BUREAU OF HOMEOWNERPROTECTION,
Judge: WALTER F. SULLIVAN,
Summary:
STATEMENT OF THE CASE This matter is an appeal of a Notice of Violation and Order of Suspension of Hobby Homes's builder's registration. The appeal is premised on Hobby Homes's claim that the disbursement of monies by the Bureau of Homeowner Protection's New Home Warranty Program (NHWP) Fund was improper.

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Docket No.: csv10502-98
Decided: 1999-04-23
Caption: EUGENIA JONES, v. WOODBINE DEVELOPMENTAL CENTER,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Appellant, Eugenia Jones, appeals from a determination by the Woodbine Developmental Center (Woodbine or respondent-appointing authority) to suspend her from her classified employment position as a Cottage Training Technician (CTT) on an indefinite basis pending the disposition of a criminal complaint.

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Docket No.: csv10958-97
Decided: 1999-04-29
Caption: JEFFREY FELDMAN, v. DEPARTMENT OF TRANSPORTATION,
Judge: DIANA C. SUKOVICH,
Summary:
PROCEDURAL HISTORY The New Jersey Department of Transportation (DOT or respondent) issued a Preliminary Notice of Disciplinary Action (Preliminary Notice), on October 17, 1996, to Jeffrey Feldman (Feldman or appellant). Subsequent to a departmental hearing, the DOT issued a Final Notice of Disciplinary Action (Final Notice), on April 8, 1997, terminating appellant's employment, effective April 11, 1997. On approximately April 21, 1997, a hearing was requested on Feldman's behalf. The State Department of Personnel (DOP) transmitted the matter to the Office of Administrative Law on December 24, 1997 for determination as a contested case pursuant to N.J.S.A. 52:14F-1 to 13.

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Docket No.: csv3660-98
Decided: 1999-04-09
Caption: BUD DZAMBA, v. MORRIS COUNTY MUA,
Judge: IRENE JONES,
Summary:
Appellant, Bud Dzamba, appeals the action of the respondent that removed him from his position as a sanitation worker, effective September 17, 1997 on charges of conduct unbecoming a public employee. (N.J.A.C. 4A:2-2.3),(a)(6).

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Docket No.: csv5502-98
Decided: 1999-04-12
Caption: CORY L. EDGERTON, v. DEPARTMENT OF HUMAN SERVICES,GREYSTONE PARK PSYCHIATRIC HOSPITAL,
Judge: THOMAS R. VENA,
Summary:
STATEMENT OF THE CASE Respondent, Department of Human Services, (Appointing Authority) alleges that Appellant, Cory L. Edgerton, Human Services Assistant (HSA) assigned to the Appointing Authority's Greystone Park Psychiatric Hospital (Greystone) physically abused patient G.M., striking him in the face with his fist, as well as dragging and kicking him. On this basis, the appointing authority claims that the Appellant must be removed from his public employment. N.J.A.C. 4A:2-2.2(a)1 and N.J.A.C. 4A:2-2.3(a)11. The Appellant denies the allegation.

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Docket No.: csv5937-98
Decided: 1999-04-28
Caption: LORENZO HERRING, v. NORTHERN STATE PRISON,
Judge: IRENE JONES,
Summary:
PROCEDURAL HISTORY AND PRELIMINARY STATEMENT Officer Lorenzo Herring (Appellant) appeals the action of the respondent, the Department of Corrections, Northern State Prison (Department or Respondent) that terminated his employment, effective March 30, 1998.

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Docket No.: csv6076-98
Decided: 1999-04-29
Caption: MICHAEL SMITH, v. TRENTON PSYCHIATRIC HOSPITAL,DEPARTMENT OF HUMAN SERVICES,
Judge: WALTER F. SULLIVAN,
Summary:
Michael Smith appealed a termination from his position at Trenton Psychiatric Hospital, which had been imposed on the grounds of physical abuse of a patient. The Merit System Board characterized the matter as a contested case and transmitted it to the Office of Administrative Law for disposition pursuant to the Administrative Procedure Act. A hearing was held on April 5, 1999, and the record closed on that date. UNCONTESTED FACTS

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Docket No.: csv6359-98
Decided: 1999-04-12
Caption: SANDRA BROWN, v. ATLANTIC COUNTY,DEPARTMENT OF PUBLIC SAFETY,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE The Atlantic County Department of Public Safety (County) brings disciplinary action against appellant, a correction officer (CO). More particularly, the County alleges that, despite the requirement that COs accept mandatory overtime (OT), appellant refused the OT. The County charges that appellant is thereby guilty of neglect of duty, insubordination, etc., and the County claims that appellant should be suspended for 15 days. N.J.A.C. 4A:2-2.3. The appellant admits that she did not perform the OT, but she contends that, because of circumstances including her need to provide child care, she should be excused from such duties and she demands dismissal of the charges.

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Docket No.: csv7499-97
Decided: 1999-04-19
Caption: JOSEPH VITERITTO, v. NORTHERN STATE PRISON,DEPARTMENT OF CORRECTION,
Judge: MARGARET M. HAYDEN,
Summary:
PROCEDURAL HISTORY AND STATEMENT OF THE CASE Joseph Viteritto (Appellant) appeals his removal by respondent Department of Correction (Department or Appointing Authority) from his employment as the Assistant Engineer in Charge of Maintenance 1 at Northern State Prison. The Department served Appellant with a Notice of Disciplinary Action on October 10, 1996, suspending him immediately with pay pending a hearing on charges of intentional misstatement of material fact in connection with employment and conduct unbecoming an employee. The Appointing Authority held a hearing on February 27, 1997, at Appellant's request. Subsequently, the Appointing Authority issued a Final Notice of Disciplinary Action on March 5, 1997, directing that the Appellant be removed from his position effective that day. Appellant filed a timely request for a hearing at the Department of Personnel (DOP).

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Docket No.: csv8409-98
Decided: 1999-04-29
Caption: ANNETTA ALLEN, v. DEPARTMENT OF HUMAN SERVICES, NEW LISBONDEVELOPMENTAL CENTER,
Judge: WALTER F. SULLIVAN,
Summary:
STATEMENT OF THE CASE This is a disciplinary matter in which Annetta Allen appealed her removal, effective May 4, 1998, on charges.

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Docket No.: ede8665-98
Decided: 1999-05-06
Caption: IN THE MATTER OF THE TEACHING CERTIFICATE OFROBERT CRAWFORD
Judge: BRUCE R. CAMPBELL,
Summary:
By order to show cause dated July 9, 1998, the State Board of Examiners (Board) required Robert Crawford to show cause why his teaching license should not be revoked or suspended. The Board alleges: 1. Crawford's application indicated he completed the Alternate Route program by fulfilling requirements via employment as a teacher at Archway School;

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Docket No.: eds2211-99
Decided: 1999-05-07
Caption: COLLINGSWOOD BOARDOF EDUCATION, v. R.H.,
Judge: BEATRICE S. TYLUTKI,
Summary:
Collingswood Board of Education (Board) filed a petition on February 16, 1999, with the Commissioner of Education, asking that the respondent, R.H., be ordered to have an educational evaluation, that R.H.'s parents be ordered to cooperate as to the evaluation of R.H., and that R.H. be classified eligible for special education. Also on February 16, 1999, the Board filed a motion for emergency relief, and asked that R.H. be ordered to submit to an educational evaluation on an emergent basis. The motion for emergency relief was transmitted to the Office of Administrative Law (OAL) on February 17, 1999. I heard the Board's legal argument as to the motion for emergency relief on February 25, 1999. No one appeared on behalf of the respondent on February 25, 1999. On March 2, 1999, I issued an order in which I granted the Board's request for emergency relief.

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Docket No.: abc9337-98
Decided: 1999-04-14
Caption: BROWNSTONE INN, INC., v. TOWNSHIP OF WYCKOFF,
Judge: THOMAS R. VENA,
Summary:
This matter is an appeal in which Brownstone Inn, Inc. (Appellant) seeks relief from a special condition imposed upon its license renewal by the Township of Wyckoff (Respondent) for the 1998-1999 license term. The special condition requires a parking lot attendant on Friday and Saturday evenings from 5:30 p.m. to midnight to prevent parking on private property owned by others in the neighborhood, in particular three adjacent lots. Appellant, through its then counsel Jeffrey B. Steinfeld, Esq., * seeks relief from this condition as not necessary and proper within the meaning of N.J.S.A. 33:1-32. Appellant had previously sought relief from a virtually identical condition imposed upon its license by Respondent for the 1997-1998, i.e., a requirement for a parking lot attendant on Thursday, Friday and Saturday evening from 5:30 p.m. to midnight, also with the intent to prevent parking on private property, particularly the same three adjacent lots. That appeal was filed with the Director of Alcoholic Beverage Control (“Director”) on June 25, 1997, transmitted to the Office of Administrative Law (OAL) on July 23, 1997, and heard by the Honorable Richard McGill, ALJ, on May 1, 1998. On June 12, 1998, Judge McGill issued an finding the parking attendant condition reasonable and valid and dismissed the appeal. On September 1, 1998, a Final Decision was issued by the Director adopting the findings of Judge McGill.

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Docket No.: edu5523-98
Decided: 1999-03-29
Caption: PEQUANNOCK TOWNSHIP EDUCATION ASSOCIATIONAND ROBERT JONES ON BEHALF OF MINOR CHILD, J.J.s, v. BOARD OF EDUCATION OF THE TOWNSHIP OF PEQUANNOCK,MORRIS COUNTY,
Judge: STEPHEN G. WEISS,
Summary:
This matter was transmitted to the Office of Administrative Law (hereinafter “OAL”) by the Department of Education in mid-June 1998 as a result of the filing of a verified petition of appeal on May 14, 1999 by the Pequannock Township Education Association (hereinafter “PEA”) and by the parent of a student in the district; R.J., the father of J.J. An answer was filed by the Board and as a result of the issues then being joined the matter, as I indicated, was transmitted to the OAL. Basically, the petition alleges that the respondent's elimination of woodshop from its curriculum as of the 1998-99 school year had been made without compliance with the applicable statute and regulations; specifically, N.J.S.A. 18A-33-1 and N.J.A.C. 6:8-4.5 (which is now codified as N.J.A.C. 6:8-2.5). Board policy also is alleged to have been violated. After the matter was transmitted to the OAL I conducted a telephone prehearing conference and plenary hearing dates were scheduled for March 29 and March 30, 1999. However, the prehearing order provided, in addition, that either side could, by October 1998, move for summary decision. I'm not sure that that deadline was met - but there was a motion made by the Board for summary decision pursuant to N.J.A.C. 1:1-12.5. In addition, briefs were filed and I conducted oral argument today.

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Docket No.: edu7421-97
Decided: 1999-05-05
Caption: IN THE MATTER OF THE TENURE HEARING OF CHARLES MOTLEY
Judge: BEFORE: KEN R. SPRINGER,
Summary:
Statement of the Case This is a teacher tenure proceeding under N.J.S.A. 18A:6-10 to -18. Tenured teaching staff members hold employment in the public school system “during good behavior and efficiency.” Petitioner State-Operated School District of the City of Newark (“District”) has brought charges of unbecoming conduct and neglect of duty against respondent Charles Motley (“Motley”) arising out of a series of incidents that occurred in February 1996 and during the 1996-97 academic year. Specifically, the District accuses Motley of exhibiting disrespectful behavior toward other teachers or students on six separate occasions and of failing to provide any instruction to his class on numerous occasions. Basically, the outcome of this dispute depends on an assessment of the witnesses' credibility. If any of the tenure charges is sustained, the Commissioner of Education (“Commissioner”) must determine whether dismissal or some lesser penalty is warranted.

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Docket No.: edu8816-98
Decided: 1999-04-12
Caption: BOARD OF EDUCATION OF THE TOWNSHIP OF LAKEWOOD,OCEAN COUNTY, v. NEW JERSEY DEPARTMENT OFEDUCATION, DIVISION OF FINANCE,
Judge: LILLARD E. LAW,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The Board of Education of the Township of Lakewood (Board) appeals from a determination by the Division of Finance (Division) of the New Jersey State Department of Education (DOE) to reduce its 1998-99 core curriculum standards aid in the amount of $1,054,109. The Board seeks, among other things, the restoration of the $1,054,109.

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Docket No.: esa2939-98
Decided: 1999-04-13
Caption: LOIS HAAS, v. New Jersey department of environmental protection,land use regulation program,
Judge: JOSEPH F. FIDLER,
Summary:
statement of the case Petitioner Lois Haas is co-owner of an oceanfront lot in Long Beach Township, Ocean County. Petitioner submitted an application to respondent Department for a permit under the Coastal Area Facility Review Act (“CAFRA”), N.J.S.A. 13:19-1 to -21, to develop a new, single-family home on the lot. Concluding that the entire lot consists of a dune, as defined at N.J.A.C. 7:7E-3.16, and that the proposed construction would result in the permanent disturbance of a sand dune system, the Department denied the application. Petitioner has moved for summary decision, pursuant to N.J.A.C. 1:1-12.5, contending that the Department should approve a CAFRA permit because there is no realistic alternative to construction on the lot, and refusal to issue the permit will result in a compensable taking. The Department subsequently has also moved for summary decision, contending that there are no genuine issues of material fact and that it is entitled to decision as a matter of law.

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Docket No.: esa305-98
Decided: 1999-04-14
Caption: BRUCE WESSON, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION,LAND USE REGULATION PROGRAM,
Judge: JOHN R. TASSINI,
Summary:
STATEMENT OF THE CASE Activity in shellfish habitat, a valuable but vulnerable natural resource, is regulated by laws including the Coastal Zone Management rules. N.J.A.C. 7:7E-1.1 et seq. Development that would cause the destruction, condemnation or contamination of shellfish habitat is prohibited generally and discharge of a pollutant into shellfish growing waters is prohibited generally. N.J.A.C. 7:7E-3.2(c) & (d); N.J.S.A. 58:24-5. Petitioner Bruce Wesson applies for a waterfront development permit for construction of a dock for the mooring of boats in shellfish habitat in the Manasquan River. However, the Department of Environmental Protection's (DEP's) Land Use Regulation Program (Program) submits that, under N.J.A.C. 7:7E-3.2(d), the permit may not be granted.

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Docket No.: hea8691-98
Decided: 1999-04-26
Caption: NEW JERSEY HIGHER EDUCATION ASSISTANCE AUTHORITY v. TAMIKO SMITH,
Judge: BEFORE: JOHN R. FUTEY,
Summary:
STATEMENT OF THE CASE In this matter, the New Jersey Higher Education Assistance Authority (“Authority”), seeks to impose an administrative wage garnishment against respondent Tamiko Smith, (“Smith”) due to defaulted student loans, pursuant to the provisions of 20 U.S.C.A. § 1095 (a) et seq.

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Docket No.: hea8910-98
Decided: 1999-04-26
Caption: NEW JERSEY HIGHER EDUCATION ASSISTANCE AUTHORITY v. MARTY HOFFMAN,
Judge: BEFORE: JOHN R. FUTEY,
Summary:
STATEMENT OF THE CASE In this matter, petitioner, the New Jersey Higher Education Assistance Authority (“Authority”), seeks to impose an administrative wage garnishment against respondent Marty Hoffman, (“Hoffman”) due to defaulted student loans, pursuant to the provisions of 20 U.S.C.A. § 1095 (a) et seq.

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Docket No.: hlt311-97
Decided: 1999-05-04
Caption: VISITING NURSE ASSOCIATIONOF CENTRAL JERSEY, INC., v. LEN FISHMAN, COMMISSIONER OFHEALTH AND SENIOR SERVICES,
Judge: JOSEPH F. FIDLER,
Summary:
Petitioner, Visiting Nurse Association of Central Jersey, Inc., (“VNA”), has appealed the denial by the Commissioner of Health and Senior Services (“Commissioner”) of its home health care agency Certificate of Need (“CON”) application for Ocean County. This application was submitted in response to the Commissioner's call issued on April 27, 1994, inviting CON applications for the establishment or expansion of home health agencies on a Statewide basis. Four applications were received for Ocean County, and they were considered by the Local Advisory Board, the State Health Planning Board, and the Commissioner as part of the same batch of applications. All four applications, including petitioner's, were denied in a single letter from the Commissioner dated November 26, 1996. Three of the four applicants filed appeals from the Commissioner's denial, pursuant to N.J.S.A. 26:2H-9 and N.J.A.C. 8:33-4.15(b). These matters were transmitted to the Office of Administrative Law for determination as contested cases, pursuant to N.J.S.A. 52:14F-1 to -13. The Commissioner's motion for an order consolidating the matters into a single proceeding was granted. However, one of the applicants, Moorestown Visiting Nurse Association (OAL Dkt. No. HLB 204-97), withdrew its petition for a hearing on May 7, 1997. The Commissioner later moved to suppress or dismiss Southern Ocean County Hospital's appeal (OAL Dkt. No. HLB 310-97), due to its failure to comply with orders to provide discovery responses and to submit a brief for summary disposition. For good cause shown, the motion was granted and the appeal was dismissed on February 20, 1998. The dismissal was affirmed by the Health Care Administration Board on April 16, 1998.

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Docket No.: hma1410-99
Decided: 1999-05-04
Caption: V.S., v. division of medical assistanceand health ser v. ces and UNIONCOUNTY DIVISION OF SOCIAL SERVICES,
Judge: EDITH KLINGER,
Summary:
On November 16, 1998, the Union County Division of Social Services granted V.S. eligibility for Medicaid benefits, effective September 1, 1998. On November 17, 1998, her husband, J.S., on behalf of V.S., requested a hearing from the Division of Medical Assistance and Health Services (DMAHS) seeking a change in the effective date of her eligibility to December 1, 1997. On January 26, 1999, the DMAHS transmitted the matter to the Office of Administrative Law (OAL) 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. The hearing was held on April 20, 1999, and the record closed on that date. undisputed facts

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Docket No.: ptc3233-96
Decided: 1999-04-19
Caption: STEPHANIE JONES, v. ESSEX COUNTY POLICE ACADEMY,
Judge: BEFORE: SEBASTIAN GAETA, JR.,
Summary:
Statement of the Case Petitioner appeals her dismissal from the Essex County Police Academy basic training course following a positive drug screening test.

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Docket No.: ptc6092-98
Decided: 1999-05-04
Caption: JAMES SORCE, v. BURLINGTON COUNTY POLICE ACADEMY,
Judge: BEFORE: JOHN R. FUTEY,
Summary:
STATEMENT OF THE CASE In this matter the Police Training Commission (PTC) has remanded the matter previously transmitted under OAL Dkt. No. PTC 6593-95 in order to determine petitioner James Sorce's status while he attended the Basic Police Course conducted by the Burlington County Police Academy (“Academy”), respondent. The issue is whether or not James Sorce was an appointed or an employed law enforcement officer at the time he attended the Academy.

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Docket No.: edu8609-97
Decided: 1999-05-04
Caption: BOARD OF EDUCATION OF THE BOROUGH OF WOODLYNNE, CAMDEN COUNTY, v. BOARD OF EDUCATION OF THE BOROUGHOF LINDENWOLD, CAMDEN COUNTY ANDA.S. AND S.S. AS PARENTS OF A.S.,
Judge: KATHRYN A. CLARK,
Summary:
Woodlynne Board of Education appeals the determination that the pupil, A.S., is homeless and further appeals the assignment of Woodlynne School District as the pupil's district of residence. PROCEDURAL HISTORY Woodlynne appealed from a February 4, 1997 determination by the County Superintendent of Schools that Woodlynne is the district of residence and is therefore, responsible for A.S.'s educational costs. Woodlynne seeks an order that A.S. is not a homeless child, and that his district of residence, and therefore the financial responsibility for his education, rests with Lindenwold.

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Docket No.: cma887-99
Decided: 1999-05-03
Caption: KATHLEEN D. TOSO, v. FLEETWAY CHRYSLER PLYMOUTH,
Judge: ANTHONY T. BRUNO,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY Petitioner seeks relief under the New Jersey Used Motor Vehicle Lemon Law, N.J.S.A. 56:8-67 to -80, against respondent used motor vehicle dealer for alleged defects in the 1995 GEO Metro automobile (“vehicle”) petitioner purchased from respondent on October 8, 1998.

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Docket No.: csv05505-98
Decided: 1999-04-29
Caption: ARNOLD JOHNSON, v. GREYSTONE PARKPSYCHIATRIC HOSPITAL,
Judge: MICHAEL L. RAVIN,
Summary:
STATEMENT OF THE CASE Appellant is challenging the decision of respondent to terminate him for cause from his position as a Human Services Assistant (HSA) at the facility. Respondent asserts that appellant was sleeping on duty and that this behavior is so egregious in the circumstances of this case as to require termination.

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Docket No.: csv10626-97
Decided: 1999-04-29
Caption: JOSEPH ZENNA, v. OCEAN COUNTYSHERIFF'S OFFICE,
Judge: KATHRYN A. CLARK,
Summary:
The appellant, Joseph Zenna, was employed as a Sheriff's Officer by the Ocean County Sheriff's Office, respondent. The respondent terminated appellant's employment on December 6, 1996, on charges. PROCEDURAL HISTORY The appellant appealed his removal to the Merit System Board and on December 10, 1997, the Merit System Board transmitted this matter to the Office of Administrative Law (OAL) for hearing and 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.

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Docket No.: csv10916-95
Decided: 1999-04-12
Caption: WALTER OLIVANT, v. DEPARTMENT OF ENVIRONMENTALPROTECTION,
Judge: ANTHONY T. BRUNO,
Summary:
:

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Docket No.: csv2191-98
Decided: 1999-05-28
Caption: SHAWKAT ALI, v. DEPARTMENT OF TREASURY,
Judge: SOLOMON A. METZGER,
Summary:
This matter arises out of respondent's decision to dismiss appellant from his position as a technical assistant 3 (TA3) in the Division of Taxation, pursuant to N.J.S.A. 11A:1-1 to -12.6 and regulations promulgated thereunder. Appellant requested a hearing and the matter was transmitted to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. A hearing was conducted on March 8 and 9, 1999, and the record closed on May 25, 1999, with the receipt of posthearing submissions. Certain facts are undisputed. Appellant entered respondent's employ in 1994, and at the time of his dismissal on May 21, 1997, was employed in the Taxpayer Services section of the Division of Taxation. Appellant worked on the taxpayer hotline answering public inquiries; these agents respond to approximately 100 telephone calls a day. From late January 1997 to May 2, 1997, appellant was temporarily assigned to other duties in the Division of Revenue. He returned to Taxpayer Services on May 5, 1997. Appellant is charged with conduct unbecoming a public employee, neglect of duty and workplace disruption.

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Docket No.: csv2276-98
Decided: 1999-05-14
Caption: LOVERTA PERRY, v. EDNA MAHAN CORRECTIONALFACILITY,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE Appellant, Loverta Perry, appeals her suspension of twenty days on a charge of neglect of duty, for failing to call in a timely count of inmates in her custody and control.

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Docket No.: csv2298-98
Decided: 1999-04-29
Caption: SONYA BOONE, v. NEW JERSEY DEPARTMENTOF CORRECTIONS,
Judge: WALTER F. SULLIVAN,
Summary:
Sonya Boone appealed a six-day suspension to the Merit System Board. The Board characterized the matter as a contested case and transmitted it to the Office of Administrative Law (OAL) for disposition, pursuant to the Administrative Procedure Act. A hearing was held on March 2, 1999. I extended the record until March 16, 1999 to give respondent an opportunity to submit additional documentation. No submissions were made and the record closed on that date. UNCONTESTED FACTS

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Docket No.: csv8901-98
Decided: 1999-05-05
Caption: THOMAS W. O'NEILL, v. TOWNSHIP OF WOODBRIDGE,
Judge: ROBERT W. SCOTT,
Summary:
The appellant, Thomas W. O'Neill, heavy laborer, appeals his release at the end of a working test period. The appellant was notified of his release on January 30, 1998, and on March 5, 1998, he filed an appeal with the Department of Personnel. The appellant's appeal was determined to be within a reasonable period of time, since the respondent had failed to inform the appellant of his right to request a hearing. On October 22, 1998, the matter was transmitted to the Office of Administrative Law for determination as a contested case and a hearing was held. At the hearing, the parties stipulated that the appellant began his working test period on October 20, 1997. The appellant received a satisfactory Probation Progress Report on December 26, 1997. He received an unsatisfactory Probation Progress Report on January 20, 1998. The reasons for the unsatisfactory report were that the appellant had injured his back on January 5, 1998, because he failed to follow safety procedures and verbal instructions, in that he failed to wear a back support. As indicated above, the appellant was released at the end of his working test period on January 30, 1998.

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Docket No.: csv9256-98
Decided: 1999-04-16
Caption: KYLE BOWMAN, v. CITY OF NEWARK,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY This is an appeal by Kyle Bowman from a ten day suspension imposed by the appointing authority, City of Newark, for violation under N.J.A.C. 4A:2-2.3, neglect of duty.

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Docket No.: eds00696-99
Decided: 1999-04-27
Caption: V. M., v. WEST CAPE MAY BOARD OF EDUCATION,
Judge: EDGAR R. HOLMES,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY V.M. was denied speech therapy services because he was more than three years old and less than five years old and not registered for kindergarten in the district. By way of his mother and advocate he requested a due process hearing pursuant to 20 U.S.C.A. 1415, 34 C.F.R. 300.500 to 300.587 and N.J.A.C. 6A:14-2.7.

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Docket No.: edu10968-97
Decided: 1999-04-27
Caption: SUSANA FANEGO, v. STATE-OPERATED SCHOOLDISTRICT OF THE CITY OFJERSEY CITY,
Judge: BEFORE: KEN R. SPRINGER,
Summary:
Statement of the Case This is an appeal by a nontenured teacher who alleges that she was entitled to sixty-days pay when her employment contract was terminated after only one week of work. Respondent State-Operated School District of Jersey City (“District”) denies that it entered into an employment relationship with petitioner. Alternately, in the event that such relationship did exist, the District maintains that the Commissioner of Education (“Commissioner”) lacks subject-matter jurisdiction over a contract claim.

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Docket No.: edu5354-97
Decided: 1999-05-07
Caption: BOARD OF EDUCATION OF THETOWN OF BELVIDERE, v. ROBERT A. DOMBLOSKI,
Judge: STEPHEN G. WEISS,
Summary:
PROCEDURAL HISTORY This matter, which was transmitted to the Office of Administrative Law by the Department of Education on May 19, 1997, concerns tenure charges filed by the Board of Education of the Town of Belvidere in March 1997 against the respondent, Robert A. Dombloski, a tenured teaching staff member. A request that the matter be consolidated with separate tenure charges previously filed against Dombloski and assigned to Judge Ken Springer for hearing (OAL Dkt. No. EDU 7683-96) was denied by him.

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Docket No.: edu5903-98
Decided: 1999-05-24
Caption: D.F. on behalf of minor child, E.F., v. BOARD OF EDUCATION OF THE BOROUGHOF ROSELLE PARK, UNION COUNTY
Judge: SEBASTIAN GAETA,
Summary:
:

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Docket No.: caf5302-98
Decided: 1999-04-14
Caption: DEPARTMENT OF COMMUNITY AFFAIRS,BUREAU OF HOUSING INSPECTION, v. BERTRAM J. LATZER,
Judge: JEFFREY A. GERSON,
Summary:
FACTUAL BACKGROUND and PROCEDURAL HISTORY Petitioner, Bertram J. Latzer (hereinafter "Petitioner"), is the owner of a multiple dwelling unit, consisting of four (4) apartments, located at 60-62 Belmont Avenue in Dover, New Jersey (hereinafter "the premises"). On or about March 27, 1997, the Bureau of Housing Inspection (hereinafter "Bureau") of the New Jersey Department of Community Affairs (hereinafter "Department") conducted an inspection of the premises. Following this inspection, the Bureau issued an Inspection Report and Order (hereinafter "Order #1") on May 30, 1997, that cited the premises for 50 violations of the Hotel and Multiple Dwelling Law and the "Regulations for the Maintenance of Hotels and Multiple Dwellings." Order #1 directed Petitioner to abate these violations and stated that reinspection of the premises would occur "on or after July 30, 1997". Order #1 was sent by certified mail and signed for by a representative of Petitioner on June 26, 1997.

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Docket No.: fgc7262-98
Decided: 1999-04-16
Caption: GEORGE G. CEDERBORG, Sr. v. NEW JERSEY DEPARTMENT OFENVIRONMENTAL PROTECTION,DIVISION OF FISH, GAME and WILDLIFE,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY The Department of Environmental Protection, Division of Fish, Game and Wildlife (Division), wrote petitioner that he had been convicted of the following violations of the New Jersey Fish and Game Code or the Fish and Game laws of the state: N.J.S.A. 23:4-16.d Date: 1/4/96

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Docket No.: hlt8507-98
Decided: 1999-05-14
Caption: GREGG M. BOLLELLA, v. NEW JERSEY DEPARTMENTOF HEALTH AND SENIORSERVICES,
Judge: ROBERT W. SCOTT,
Summary:
The petitioner appeals a suspension of his Emergency Medical Technician Instructor Certification. On June 11, 1998, the petitioner was notified that the respondent was proposing to suspend the respondent's Emergency Medical Technician Instructor Certification and on July 10, 1998, the petitioner requested a hearing. On September 29, 1998, the matter was transmitted to the Office of Administrative Law for determination as a contested case. The respondent alleges that on January 20, 1998, the petitioner conducted an Emergency Medical Technician-Defibrillation Training Program without prior authorization by the respondent in violation of N.J.A.C. 8:40A-7.1(a). The respondent further alleges that the petitioner failed to submit attendance data for eight Emergency Medical Technician-Defibrillation Training Programs given by the petitioner between July 22, 1997 and December 8, 1997, this being a violation of N.J.A.C. 8:40A-7.6(b).

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Docket No.: mvh11720-98
Decided: 1999-04-16
Caption: DIVISION OF MOTOR VEHICLES, v. JON S. KAPPELER,
Judge: MICHAEL L. RAVIN,
Summary:
STATEMENT OF THE CASE This proceeding arises under N.J.S.A. 39:5-30. The Division of Motor Vehicles proposed to suspend Mr. Kappeler's New Jersey driving privileges for 29 months, effective December 24, 1998, because he was involved in an accident on October 13, 1998 which resulted in the death of Louise McCall and in the serious bodily injury of Rita Kohutancyz. In connection with the accident, the Division of Motor Vehicles alleged that Mr. Kappeler violated N.J.S.A. 39:4-50 (driving while under the influence of alcohol or drugs) and N.J.S.A. 39:4-97 (careless driving). Mr. Kappeler's defense is that he was not properly charged with either of those offenses, but even if he was properly charged, a 29-month suspension is not in the interest of public safety.

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Docket No.: trp7052-98
Decided: 1999-05-25
Caption: DEPARTMENT OF TRANSPORTATION, v. FOUNTAINS OF WAYNE,
Judge: STEPHEN G. WEISS,
Summary:
STATEMENT OF CASE AND PROCEDURAL HISTORY This case was transmitted by the Department of Transportation (“DOT”) to the Office of Administrative Law as a contested matter on July 22, 1998, at the request of the respondent, Fountains of Wayne, for a hearing challenging the DOT's proposal to revoke its access permit for an existing driveway to its property in Wayne from westbound Route 46. See, N.J.S.A. 27:7-89, et seq., N.J.A.C. 16:47-4.33(d)(3)(4)(6)(7). The DOT's proposed action stemmed from a concern that the driveway, presently accessible from a “shoulder” of Route 46, fell within a proposed deceleration lane which was to be part of a major overall highway improvement project in the vicinity of the Routes 80, 46 and 23 intersection. The respondent, dissatisfied with the proposed closure and alternative access offered by the DOT, lodged the instant challenge and the matter was transmitted, as set forth above, to OAL for plenary hearings.

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Docket No.: typ11531-97
Decided: 1999-05-28
Caption: LEONARD IPRI, v. BOARD OF TRUSTEES OF THEPUBLIC EMPLOYEES' RETIREMENTSYSTEM,
Judge: JOSEPH LAVERY,
Summary:
STATEMENT OF THE CASE Petitioner, Leonard Ipri, appeals from a determination by respondent, in which “that determination recalculated Mr. Ipri's salary for pension purposes and adjusted his salary reducing for longevity, overtime, sick and vacation time” (Exh. R-5).

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Docket No.: typ5548-97
Decided: 1999-04-21
Caption: EDWARD J.MURPHY, v. PUBLIC EMPLOYEES' RETIREMENT SYSTEM,
Judge: R. JACKSON DWYER,
Summary:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY By letter dated March 20, 1997 from Wendy Jamison, Secretary, Board of Trustees, Public Employees' Retirement System, the Division of Pensions wrote to Beverly M. Wurth, Esq. in pertinent part as follows:

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Docket No.: typ8671-98
Decided: 1999-05-06
Caption: PATRICIA ORGIAS, v. BOARD OF TRUSTEES OF THEPUBLIC EMPLOYEES' RETIREMENTSYSTEM,
Judge: M. KATHLEEN DUNCAN,
Summary:
This matter concerns the appeal of Patricia Orgias, (hereinafter appellant) from the determination of the Board of Trustees of the Public Employees' Retirement System (hereinafter respondent) denying her application for accidental disability retirement benefits. Appellant was informed of respondent's decision by letter dated July 16, 1998. By letter dated August 27, 1998, appellant requested a hearing to contest the determination, and on October 6, 1998, the matter was transmitted to the Office of Administrative Law for determination as a contested case, pursuant to N.J.S.A. 52:14F-1 to -13. A prehearing conference was conducted on December 10, 1998, at which time the following was identified as the issue for determination at hearing:

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Docket No.: eds5042-99
Decided: 1999-05-18
Caption: MONTCLAIR BOARD OF EDUCATION, v. B.H.,
Judge: ELINOR R. REINER,
Summary:
Statement of the Case This matter arises under the In