Constitutional Law

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Administrative Practice
The "label" placed on an issue as either legal or constitutional is not of particular importance in determining what forum should initially adjudicate an issue. Where a facial constitutional attack is coupled with other issues, all issues should initially be considered in the administrative forum. Decision: 1 N.J.A.R. 261
The Office of Administrative Law is not the appropriate forum to resolve a facial attack on the constitutionality of a regulation when that question is not coupled with other issues. Decision: 9 N.J.A.R. 167
Due Process
An administrative law judge may not make a de- termination as to the facial constitutionality of a local ordinance. Decision: 6 N.J.A.R. 221
Long-term suspension of student by Board of Education violated student's due process rights where school authorities-failed to notify .him in writing of charges; nevertheless, Board's voluntary reinstatement of student to regular school enrollment during hearing and expungement of record precludes requiring any further action. Decision: 1 N.J.A.R. 055
A remand by the Director of the Division of Motor Vehicles to allow for .the testimony of a breathalyzer operator who did not appear at the original .hearing is inconsistent with due process of law where there is no showing that the Division, in the exercise of reasonable diligence, was unable to produce the breathalyzer operator at the original hearing. Decision: 2 N.J.A.R. 034
Equal Protection
Applying middle tier test for equal protection, excluding boys fro m girls' athletic teams is a narrowly tailored means of achieving the governmental.objective of advancing female participation in sports. Such exclusion does not violate constitutional rights. Decision: 10 N.J.A.R. 106
Exclusionary Rule
While Civil Service disciplinary proceedings may result in suspension or the loss of a job,. this cannot be equated with criminal sanctions which justify the application of stricter standards to safeguard fundamental rights; thus, evidence seized in the search of a police officer's locker is admissible in an administrative proceeding even if that search was found to be violative of the Fourth Amendment in a related criminal proceeding. Decision: 1 N.J.A.R. 435
Exercise of Religion
Applying recluirements of housing safety law to a shelter for the indigent operated by a tax-exempt religious organization does not interfere with the exercise of religion. Decision: 11 N.J.A.R. 244
Freedom of Speech
Welfare worker's First Amendment rights were not violated by his suspension for failing to comply with his supervisor's direction not to counsel a client about having an abortion. Decision: 13 N.J.A.R. 474
Miranda Warnings
Refusal to submit to a breath test is justified when licensee is shown to be thoroughly confused by having been read both the standard refusal form and Miranda warnings. Decision: 4 N.J.A.R. 061
Where no confusion in the mind of the licensee is shown, refusal to submit to a breath test is not justified by having been read both Miranda warn- ings and the standard refusal form. Decision: 4 N.J.A.R. 069