STATE OF NEW JERSEY
OFFICE OF ADMINISTRATIVE LAW
OAL DKT. NO. 00143-24
AGENCY DKT. NO. 2024-36890
FINAL DECISION DISMISSING
EMERGENT RELIEF
A.P. AND C.P ON BEHALF OF S.P., Petitioners, v.
POINT PLEASANT BEACH BORO
BOARD OF EDUCATION,
Respondent.
A.P and C.P., petitioners, pro se
Sanmathi Dev, Esq., for respondent (Capehart Scatchard, LLP, attorneys)
Record Closed: January 10, 2024 Decided: January 11, 2024
BEFORE NICOLE T. MINUTOLI, ALJ:
STATEMENT OF THE CASE
Petitioners A.P. and C.P. on behalf of S.P. filed a due process petition and a request for emergent relief pursuant to the Individuals with Disabilities Education Act, citation, but failed to appear for the emergent hearing. Should the request for emergent relief be dismissed? Yes. For the unreasonable failure to comply with any order of a judge or with any requirement of the Uniform Administrative Procedure Rules, N.J.A.C. 1:1-1.1 to -21.6, the judge of a case may take any appropriate case-related action, including dismissal. See N.J.A.C. 1:1-14.14.
PROCEDURAL HISTORY
On December 29, 2023, petitioners filed a petition for a due process hearing and a request for emergent relief with the New Jersey Department of Education, Office of Special Education (OSE).
On January 4, 2024, the OSE transmitted only the emergent request to the Office of Administrative Law (OAL) for hearing as an emergent, contested matter. N.J.S.A. 52:14B-1 to -15; N.J.S.A. 52:14F-1 to -23.
On January 4, 2024, notice was emailed to the parties that the emergent hearing would be held at the OAL, 9 Quakerbridge Plaza, Mercerville, New Jersey, on January 10, 2024, at 10:00 a.m.
On January 5, 2024, notice was emailed to the parties of a pre-hearing telephone conference on January 8, 2024, at 2:00 p.m. A dial-in number was provided. Petitioners failed to appear for the January 8, 2024, telephone conference and did not request that it be adjourned. When petitioners failed to call in at the appointed time, my office attempted to reach them by telephone to remind them of the telephone conference but received no response. A voice message was left. Respondent did appear.
By email dated January 8, 2024, my office reminded the parties of the oral argument scheduled for January 10, 2024. My office did not receive an undeliverable email notification.
Petitioners failed to appear for the January 10, 2024, hearing on their emergent request and did not contact the OAL or my chambers to request an adjournment or to explain their failure to appear. Respondent, however, did appear.
CONCLUSIONS OF LAW
For the unreasonable failure to comply with any order of a judge or with any requirement of the Uniform Administrative Procedure Rules, N.J.A.C. 1:1-1.1 to -21.6, the judge of a case may take any appropriate case-related action, including dismissal. See N.J.A.C. 1:1-14.14. In this case, petitioners failed to appear for the pre-hearing conference call and failed to appear for the hearing on their emergent request despite timely notice, and to date, have still not contacted the OAL or this tribunal to explain their failure to appear. Given this unreasonable failure to appear, I CONCLUDE that this emergency request should be dismissed under the authority granted to me by N.J.A.C. 1:1-14.14.
ORDER
Given the foregoing, I ORDER that the request of petitioners A.P. and C.P. on behalf of S.P. for emergent relief be DISMISSED.
This decision on application for emergency relief shall remain in effect until the issuance of the decision on the merits in this matter. The hearing having been requested by the parents, this matter is hereby returned to the Department of Education for a local resolution session, pursuant to 20 U.S.C. § 1415(f)(1)(B)(i). If the parents or adult student feel that this decision is not being fully implemented with respect to program or services, this concern should be communicated in writing to the Director, Office of Special Education Programs.
January 11, 2024
DATE NICOLE T. MINUTOLI, ALJ
Date Received at Agency:
Date Mailed to Parties:
NTM/cb