Jurisdiction

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Board of Public Utilities: Board of Public Utilities lacks jurisdiction over disputes alleging negligence, intentional tort, or any other common law cause of action. Decision: 1 N.J.A.R. 243

Civil Rights: Where an individual files charges of racial discrimination with the Equal Employment Op- portunity Commission, state administrative agencies have no jurisdiction to grant relief for such claims and the only alleged acts of discrimination to be considered are those which may be remedied under state statute. Decision: 1 N.J.A.R. 300

Commissioner of Education: Although laid-off attendance counsellors had been employed by Newark Board of Education, they were classified Civil Service employees and their employment rights were governed by Civil Service laws; thus, the Commissioner of Education cannot effect their rights of lay-off or re-employment. Decision: 2 N.J.A.R. 346; Jurisdiction for the resolution of a dispute over retirement benefits resulting from the level of compensation during employment is with the Board of Trustees of the Teachers' Pension and Annuity Fund and not the Commissioner of Education. Decision: 2 N.J.A.R. 350; While original jurisdiction over scope of negotiations questions is with PERC, jurisdiction is not exclusive if the expertise of another state agency is required for resolution of the major issue raised; where the major issue is whether a negotiated date meets the requirements of an annual teachers evaluation program the expertise of the Commissioner of Education is required and he has jurisdiction. Decision: 1 N.J.A.R. 327; Commissioner of Education has no statutory or other authority for granting counsel fees, either as damages or as a fee for litigating a claim. Decision: 1 N.J.A.R. 162

Environmental Protection: Given the Commissioner's power under N.J.S.A. 58:10A-6 to require an individual obtaining a discharge permit to install monitoring equipment, the Commissioner has the same authority even when no permit is sought but an unpermitted discharge is discovered. Decision: 3 N.J.A.R. 339

Pensions: Jurisdiction for the resolution of a dispute over retirement benefits resulting from the level of compensation during employment is with the Board of Trustees of the Teachers' Pension and Annuity Fund and not the Commissioner of Education. Decision: 2 N.J.A.R. 350

Racing: Where no written protest has been lodged before a race, as required by N.J.A.C. 13:71-4.1, the State Steward should not consider the protest. Decision: 3 N.J.A.R. 148