Christine Dennett, CSC Docket No. 2020-250

Appellant's argumentChristine Dennett requests to file a late application for the promotional examination for Supervisor 1, MVC (PS0276T), Motor Vehicle Commission.

BackgroundThe subject examination announcement was issued on July 1, 2019 with requirements that had to be met as of the July 15, 2019 closing date1. Specifically, the examination was open to employees who served within the appointing authority’s MV40 unit scope. Further, candidates needed five years of experience applying, disseminating, interpreting and analyzing regulatory information, one year of which must have been as a lead worker performing one or combination of the following functions: review and analysis of driver records, driver testing; damage and/or insurance claim evaluations or adjustment work; receipt, review, analysis/evaluation and/or response to customer inquiries and/or complaints; vehicle safety/compliance inspection, preforming varied vehicle inspections; or other similar work areas related to the administration of motor vehicle regulations. A total of 110 employees applied for the examination and 79 were admitted. The test is scheduled for September 10, 2019. The appointing authority indicated that the announcement was posted on its intranet. Additionally, while the appellant was on leave, the appointing authority indicated that it sent her a text notification on July

1 The appointing authority contacted this agency requesting that the subject announcement be expedited due to an immediate need to fill over 30 vacancies due to the implementation of the RealID program on October 1, 2019. As such, the examination announcement period was less than the typical 21 days that it used for most examinations.

1, 2019 advising her of the announcement and requesting her home address. Upon receipt, the appointing authority mailed her the announcement on July 2, 2019.

Appellant's argumentOn appeal, the appellant explains that she was on leave since June 21, 2019 and never received a “certified notice”2 advising her of the application dates. Thereafter, she became aware of the announcement, but states that initially she was unable to apply. However, over a period of two days prior to the deadline, she tried to complete the application using the Online Application System, but indicated that she could not open the program.

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(e) provides that applications must be filed no later than the announced filing deadline. N.J.A.C. 4A:4-6.3(b) provides that the appellant has the burden of proof in examination appeals.

AnalysisIn the instant matter, the appointing authority indicates that it informed the appellant of the subject examination on the first day of the examination announcement period via text and mailed her a copy of the announcement on the second day. Further, the appellant acknowledges that she did receive notice of the subject examination prior to the July 15, 2019 closing date. Additionally, she indicates that she attempted to file an application over a two-day period prior to the closing date; however, she was unable to do so due to technical difficulties.

The subject announcement states, “Applications must be completed and submitted by 4:00PM on the closing date.” Further it states, “If you are having difficulty submitting your application online, technical support and customer care are available during regular business hours 8:00 a.m. to 4:00 p.m. EST. Monday – Friday, excluding holidays and emergency closings. Please Email: OAS.Support@csc.nj.gov or call (609) 292-4144. Please note that application support requests received outside regular business hours on the closing date will not change the application filing deadline so please file early.”

However, this agency has no record that the appellant attempted to contact it prior to the closing date indicating that she was experiencing technical difficulties. Further, the appellant does not claim that she attempted to contact this agency prior to the closing date indicating that she was having technical difficulties. Accordingly, there is no reasonable explanation as to why the appellant did not apply for the subject examination in a timely fashion and, therefore, she has failed to meet her burden of proof.

2 Such notice is not required.

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.