Luz Nicasio, CSC Docket No. 2022-3048

Appellant's argumentLuz Nicasio requests to file a late application for the promotional examination for Day Care Center Technician (PS8621K), Department of Children and Families.

BackgroundThe examination at issue was announced with requirements that had to be met as of the May 23, 2022, closing date. Agency records indicate that seven employees applied for the subject examination. The determination as to who has been admitted and the method of testing has not yet been determined. Therefore, the list has not yet promulgated.

In the petitioner’s request, she presents that she was unable to timely file for the subject examination as she had issues with the Online Application System (OAS). She submits emails that indicate that she initially reached out to OAS support prior to the 4:00 p.m. deadline on the closing date indicating that she was having an issue as the email address that was used to create her profile was no longer her email address for her profile. Further, the emails show that the issue was not resolved until after the deadline.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a)4 states that applicants for promotional examinations must meet all requirements by the announced closing date, including filing an application on or before the application filing date. N.J.A.C. 4A:4-2.1(e) states that applications for open competitive and promotional examinations shall be submitted to the Civil Service Commission (Commission) no later than 4:00 p.m. on the announced application filing date. N.J.A.C. 4A:4-6.3(b) provides that the appellant has the burden of proof in examination appeals.

AnalysisIn this matter, the record indicates that the petitioner attempted to submit her application using the OAS prior to the deadline on the closing date, but was unable to do so because the email address used to create her profile was no longer the email address she was using for her profile. Further, the petitioner submits emails to demonstrate that she contacted OAS support prior to the closing date deadline, but the issue was unable to be resolved until after the deadline. The Commission notes that the dual purpose of the Civil Service system is to ensure efficient public service for State and local governments and to provide appointment and advancement opportunities to Civil Service employees based on their merit and abilities. These interests are best served when more, rather than fewer, individuals are presented with employment opportunities. See Communications Workers of America v. New Jersey Department of Personnel, 154 N.J. 121 (1998. Therefore, the Commission finds that there is good cause to relax N.J.A.C. 4A:4-2.1(e) and to allow the petitioner to submit her application and application fee after the closing deadline.

ORDER

Therefore, it is ordered that this request be granted, and the petitioner be permitted to submit an application for Day Care Center Technician (PS8621K), Department of Children and Families. It is further ordered that the petitioner submit a promotional examination application and the $25.00 application processing fee to the Division of Agency Services. 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 her application be processed. 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, she will not be entitled to have his application reviewed.

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