Wayne Daniel, CSC Docket No. 2022-1702

BackgroundWayne Daniel, Jr. requests to file a late application for the Battalion Fire Chief (PM3388C), Newark promotional examination.

The subject examination was announced on July 1, 2021, with an application deadline date of July 21, 2021, and a closing date of September 30, 2021. Only on- line applications were accepted. This is a two-part examination, and 65 candidates were admitted. The multiple-choice portion was administered on January 27, 2022 and the oral portion has not been administered.

Appellant's argumentThe petitioner explains that he applied for the examination on July 2, 2021 and thought he had completed the process. He was told by other candidates that they received their notices to appear for the written portion of the examination, and as he had still not received one, he called Customer Care. He was informed that he started the application and completed up to part 6. However, he did not complete part 7 which was selection of a payment method. Thus, his online application had not been submitted. Thereafter he filed an appeal of this issue, stating that he thought he had filed for the examination, and is prepared to take the test.

CONCLUSION

RuleN.J.A.C. 4A:4-2.1(e) provides, in pertinent part, that applications for open competitive and promotional examinations should be filed no later than the announced filing date for filing applications. N.J.A.C. 4A:l-1.2(c) provides that the

AnalysisCivil Service Commission (Commission) may relax a rule for good cause to effectuate the purpose of Title l1A, New Jersey Statutes.

The petitioner was not admitted to the subject examination since he did not complete the filing of an application by 4:00 p.m. on the July 21, 2021, application deadline date. However, the petitioner started the filing process and simply erred in not completing the payment portion. The Commission believes that the petitioner thought he had completed the application process. The Commission generally denies requests to accept late examination applications, as N.J.A.C. 4A:4- 2.1(e) requires applicants to file their applications by the closing date. However, under the circumstances presented, the Commission finds that there is good cause to relax N.J.A.C. 4A:4-2.1(e) and allow the petitioner to submit a late application for the subject examination. Finally, as this remedy is limited to the unique circumstances of this matter, it does not provide a precedent in any other matter.

ORDER

Therefore, it is ordered that this request be granted, and the petitioner be permitted to submit an application for the Battalion Fire Chief (PM3388C), Newark promotional examination and take a make-up examination. It is further ordered that petitioner submit the promotional application and the $75.00 application processing fee to the Division of Agency Services by check or money order. The application and processing fee must be postmarked no later than 15 days from the issuance date of this decision. Upon receipt of the application and processing fee, it is ordered that his application be processed. Finally, if the petitioner’s application and the required payment are not postmarked on or before the 15th day after the issuance date of this decision, he will not be entitled to have an application for the subject examination processed.

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