01-2-4219 Dept. of Health and Senior Services v. Charles , App. Div. (per curiam) (16 pp.) Where Adelene Charles, a certified nurse aide charged with abuse and mistreatment of a nursing home resident under her direct care, was not given notice prior to a hearing before an administrative law judge that she was charged with neglect based on an alleged failure to check on the condition of the resident, and where the conduct supporting the finding of “neglect” was different from the conduct alleged to constitute “abuse,” the final agency decision, adopting the initial decision by the Office of Administrative Law revoking Charles’ certified nurse aide license for no less than one year, is reversed. [Decided June 18, 2009.]
ADMINISTRATIVE LAW AND PROCEDURE — JUDICIAL REVIEW
01-2-4274 Crapelli v. Board of Trustees of the Red Bank Charter School , App. Div. (per curiam) (30 pp.) On review of a Department of Education decision, made in a quasi-judicial capacity, on appeal from a local charter school corporation’s decision to settle pending lawsuits, which decision involved the corporation’s exercise of discretion, the DOE commissioner correctly used the abuse-of-discretion standard of review, employing the commissioner’s special expertise in the area of public schools generally and charter schools in particular. The appeals court defers to that expertise. [Decided June 23, 2009.]
