Twanda Walker-Valery, CSC Docket No. 2019-3403

Appellant's argumentTwanda Walker-Valery requests a retest for the Program Manager Health/ Human Services (S0110W), Statewide, examination which was tested with the Management Test Battery.

The petitioner was scheduled to take the subject examination on February 12, 2019. On March 13, 2019, the petitioner requested a make-up examination stating that she was unable to attend because she was providing direct care for her terminally ill grandmother. A hospice Social Worker’s note indicated that the petitioner was at the patient’s home providing 24/7 assistance and supervision to her grandmother, a terminal hospice patient. The petitioner was granted a make- up examination for April 9, 2019. In the interim, the petitioner’s grandmother passed away on March 20, 2019. The petitioner appeared for the examination on April 9, 2019 and failed. Although she was given her score at the test center, she did not file an appeal at that time.

In her petition postmarked May 28, 2019, the petitioner requests to be retested, stating that she was suffering from grief and was unable to concentrate. She states that she had spent the earlier part of the day settling various issues regarding her grandmother’s estate, and was still grieving and dealing with emotional turmoil due to family member contacts. The petitioner provides a note from Social Workers and a Physician’s Assistant that she has grief due to the loss of a family member.

RuleN.J.A.C. 4A:4-2.9(a)2 provides, in pertinent part, that for open competitive and general promotional testing, except for professional level engineering promotional examinations and public safety promotional examinations, make-ups may be authorized only in cases of serious illness or disability of the candidate on the test date, provided the candidate submits a doctor's certificate specifying that the candidate was not able to take the test on that day for medical reasons.

N.J.A.C. 4A:4-2.9(e) provides, in pertinent part, that a candidate must submit a written request for a make-up examination within five days of receipt of the examination notice if the candidate is aware upon receipt of the examination notice.

CONCLUSION

The record establishes that the petitioner was scheduled to take the examination on February 12, 2019 and did not do so. She requested and was granted a make-up examination for April 9, 2019, due to the terminal illness of her grandmother, for whom she was a caregiver. The family member passed away on March 20, 2019. Rather than request another make-up examination due to her emotional state, the petitioner chose to take the examination on April 9, 2019 and failed. In a petition postmarked May 28, 2019, seven weeks later, the petitioner requested a retest based on her circumstances, although she provided no explanation of her untimely submission. As such, she did not make a written request for a makeup examination within five days of the scheduled test date. In this regard, it is the responsibility of all candidates, including the petitioner, to notify Administrative Services if he or she is unable to take the examination on the scheduled date. In this case, the petitioner did not notify the Division of Administrative Services after the death of her grandmother or before the date of the examination, she took the examination as re-scheduled, failed, and then requested a retest seven weeks later. Further, make-up examinations are for candidates who did not take the test when it is originally administered. The petitioner would have an unfair advantage over the other eligibles on the list since she took the test and has been exposed to the examination materials. The petitioner’s situation as presented in this record does not meet the criteria for a make-up examination.

A thorough review of the record indicates that the petitioner has not met her burden of proof in this matter.

ORDER

Therefore, it is ordered that this request be denied.

ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.