Due Process

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Implied Consent
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
Remand
A remand by the Director of the Division of Motor Vehicles to allow for the testimony of a breathalyzer operatorwho did not appear at the original hearing is inconsistent withdue 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
Salary Guide
Although a board of education's policy for placement of teachers on its salary scale was unwritten and not generally disseminated, its uniform and unfailing application for 11 years supports a conclusion that the policy should be allowed to stand. Decision: 3 N.J.A.R. 157
Student Suspension
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