51
1. The Department shall issue to school districts on or before April 1st program and budget
decisions, which shall ensure, at a minimum, that an appropriate program and budget are
planned to provide for the implementation of a high-quality preschool program.
2. A school district may file an appeal of their preschool program plan and/or annual
update and budget decision with the Commissioner, pursuant to N.J.A.C. 6A:3,
Controversies and Disputes. The appeal generally shall proceed as a contested
case except as noted in this subchapter.
(b) Any appeal filed pursuant to this subchapter shall include, in addition to the petition
required under (a)2 above, a copy of the complete application submitted to the
Department and a copy of the determination from which the appeal is taken.
6A:13A-11.2 Review of pleadings
(a) Upon review of the petition, answer, and supporting documentation, the Commissioner
may decide to hear the matter directly pursuant to N.J.S.A. 52:14F-8 or refer the matter to
the Office of Administrative Law.
(b) If the Commissioner decides to transmit the matter to the Office of Administrative Law
for a hearing, where appropriate and/or requested, the Commissioner shall request that
the matter be heard on an expedited basis.
(c) If the Commissioner is hearing the matter directly, the Commissioner shall use the
procedures for motions for summary decision set forth at N.J.A.C. 1:1-12.5. In addition,
the Commissioner shall promptly notify the parties and provide them the opportunity to
submit any additional document(s) previously submitted to, or considered by, the
Department in rendering the appealed decision. If the Commissioner determines, upon
review of the papers submitted, there are one or more genuine issues of material fact in