have not been followed
or approved for financial
assistance.
11. A network attorney shall not
provide legal assistance with
expectation of payment without
proper authorization and the
designated NJEA case number.
12. Appeals of a decision to deny
financial assistance may be
made through the procedures
described in Section III.
B. Termination of Financial
Assistance
Once approved, financial assistance
may be terminated during any stage
for the following reasons:
1. A reasonable settlement exists
that is rejected by the member
or local association;
2. An individual does not maintain
membership as required by this
policy;
3. NJEA becomes aware of
additional, relevant facts which
it could not have reasonably
been expected to know at the
time of approval;
4. The member or local association
fails to cooperate with, or takes
actions which interfere with,
the ability of the NJEA assigned
network attorney to adequately
perform his or her duties;
5. The member takes legal action
which is adverse to the interests
of the local association or NJEA;
or,
6. The member or local association
revokes consent to share with
the program manager and/or
NJEA information related to this
matter.
After approval of an application,
there is no right to appeal a decision
to terminate financial assistance
terminated during any stage of that
matter pursuant to the section.
90 – AR Handbook
C. Appeals of Legal Decisions
1. Appeals of legal decisions shall
require the approval of the
program manager.
2. Within three (3) days of the
receipt of an adverse legal
decision, a network attorney
shall submit in writing to the
appropriate NJEA UniServ
representative and the program
manager the specific legal
reasons for and against any
appeal.
3. The program manager shall
discuss with the UniServ
representative and the attorney
the merits of an appeal based
on the legal issues raised, the
likelihood of success and the
circumstances surrounding
the issue. These issues may be
submitted to a panel of network
attorneys for discussion and
recommendation to the program
manager.
4. In the event a favorable decision
is appealed by the opposing
party, the network attorney
shall discuss the case with the
UniServ representative and
the program manager. Further
action shall require the approval
of the program manager.
Denial of Financial
Assistance Appeal
Procedure
A. Professional Rights and
Responsibilities (PR&R)
Committee
1. In any case where a denial
of financial assistance has
occurred, the individual
member or affiliate may
appeal to the PR&R
Committee.
2. All appeals shall be
submitted in writing to the
PR&R Committee chair
within ten (10) days of
the receipt of the denial of
financial assistance.
3. The appeal shall be
presented to the PR&R
Committee at the next
regularly scheduled meeting.
Emergency meetings may be
scheduled, if necessary.
4. Individual members or
authorized representative s
of affiliates and the UniServ
representative shall appear
before the PR&R Committee
upon notice of the program
manager.
5. The PR&R Committee
shall consider the appeal
and attempt to render its
decision in writing within
ten (10) days of the meeting.
B. Executive Committee
1. If the individual member or
authorized representative
of an affiliate is not satisfied
with the decision of the
PR&R Committee, that
decision may be appealed
to the NJEA Executive
Committee. Said appeal
must occur in writing
within ten (10) days of the
receipt of the decision of the
PR&R Committee.
2. Notice of appeal shall be
submitted to the NJEA
President, in writing, for
consideration by the NJEA
Executive Committee at its
next regularly scheduled
meeting.
3. Individual members or
authorized representative
s of affiliates shall appear
before the NJEA Executive
Committee. The NJEA
UniServ representative shall
appear before the NJEA
Executive Committee to
present detailed information