Investigator 1, CSC Docket No. 2022-2002

BackgroundThe Department of Banking and Insurance requests that the eligible list for Investigator 1, Real Estate Commission (PS8334L), be revived and extended.

By way of background, the examination for the Investigator 1, Real Estate Commission (PS8334L) was announced with a closing date of October 22, 2018. The resulting eligible list of seven names promulgated on August 8, 2019 and expired on August 7, 2021. Two certifications were issued from the subject eligible list. In disposing of the certifications, two appointments were made and the names of two eligibles were removed. Three eligibles were remaining on the list at the time the list expired.

AnalysisIn the instant matter, the appointing authority requests that the subject eligible list be revived due to the retirement of an employee in the subject title which occurred July 1, 2021, that the appointing authority now wishes to fill. The appointing authority asserts that it would like to fill the vacancy as soon as possible and it prefers not to make a provisional appointment and wait until a new examination announcement is issued and a test conducted. It argues that the revival of the subject eligible list will conserve the time and resources of the Civil Service Commission and avoid undue delay in making a permanent appointment to the position.

It is noted that, since the expired eligible list contains the name of three eligible candidates, which makes a complete list, and the appointing authority’s request to make a permanent appointment, the Division of Agency Services finds that there is good cause to revive and extend the eligible list for Investigator 1, Real Estate Commission (PS8334L).

CONCLUSION

N.J.S.A. 11A:4-6 and N.J.A.C. 4A:4-3.3(b)1 provide that an eligible list may, for good cause, be extended prior to its expiration date, except no list shall have a duration of more than four years. In addition, N.J.S.A. 11A:4-6 and N.J.A.C. 4A:4- 3.4 provide that an eligible list may be revived in order to implement a court order or decision of the Civil Service Commission in the event of a successful appeal instituted during the life of a list, to correct an administrative error, or for other good cause.

In the instant matter, the appointing authority requests that the Investigator 1, Real Estate Commission (PS8334L) eligible list be revived and extended so that it may make a permanent appointment from one of the remaining eligibles on the list to avoid undue delay in making a permanent appointment. Currently, there are no promotional or special reemployment lists for title of Investigator 1, Real Estate Commission, that would preclude the revival of the subject list. Under these circumstances, good cause has been shown to revive and extend the subject eligible list until August 7, 2023, or until a new eligible list promulgates, whichever occurs first.

ORDER

Therefore, it is ordered that this request be granted, and the eligible list for Investigator 1, Real Estate Commission, be revived and extended until August 7, 2023 or until a new eligible list promulgates, whichever comes first.

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