Kevin Bagnell, CSC Docket No. 2022-2624

BackgroundKevin Bagnell appeals the decision of the Division of Agency Services which found that he lacked the required license for the promotional examination for Assistant Construction Official (PM5005C), Mount Laurel.

The subject promotional examination announcement was issued with a closing date of December 21, 2021 and was open to employees in the competitive division who had an aggregate of one year of continuous permanent service as of the closing date in any competitive title and met the announced requirement of possession of a current and valid Construction Official's license issued by the New Jersey Department of Community Affairs, and possession of the appropriate sub code official license and, will be required to possess a technical license HHS as a Building Inspector. The appellant was found to be ineligible for failure to indicate required license or registration. As the appellant was the sole applicant, the examination was cancelled on April 29, 2022.

With his application, the appellant indicated that he possessed the required licenses. However, he only submitted a copy of his driver’s license. On appeal, the appellant submitted a copy of a valid license issued February 1, 2022, two months after the closing date. Nonetheless, the appointing authority verifies that the appellant’s license has always been active, and he renewed it on time, and requests that the appellant be admitted to the examination.

CONCLUSION

RuleN.J.A.C. 4A:4-2.3(b) provides that applicants shall meet all requirements specified in the open competitive examination announcement by the closing date.

AnalysisThe announcement for the subject examination noted that applicants must upload a copy of the certificate with the application or be found to be ineligible. After receiving his Notification of Ineligibility, he filed an appeal and provided a copy of the required license. However, this license was issued two months after the closing date. Nevertheless, the appointing authority verified that appellant’s license has always been active, and he renewed it on time. Accordingly, the appellant should be admitted to the examination. For any future positions in which he might be interested, the appellant is cautioned that he should complete his application and provide all requested information.

ORDER

Therefore, it is ordered that this appeal be granted, the examination cancellation be rescinded, and the appellant be admitted to the examination for Assistant Construction Official (PM5005C), Mount Laurel.

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