Nazha Hanafi, CSC Docket No. 2022-855

BackgroundNazha Hanafi appeals the removal from the eligible list for Motor Vehicle Operator 10 months (S1094A), Statewide, due to her failure to respond to the certification notice.

By way of background, the appellant’s name appeared on the Motor Vehicle Operator 1 to 10 months (S1094A) eligible list and was certified to Montclair State University on July 14, 2021. In disposing of the certification (OS210230), the appointing authority removed the appellant’s name from the subject list for failure to respond to the Notification of Certification, dated July 21, 2021.

The appellant appealed her removal from the eligible list, stating that she left the country on September 4, 2021, and when she returned on October 2, 2021, she found the notice. She provided proof of her travel.

CONCLUSION

RuleN.J.A.C. 4A:4-4.7(a)6 provides that an eligible’s name may be removed from a list for “non-compliance with the instructions listed on the notice of certification.”

N.J.A.C. 4A:4-6.3(b) provides that an appellant has the burden of proof to show that an appointing authority’s decision to remove the appellant’s name from an eligible list was in error.

AnalysisIn this matter, the appellant states that she was out of the country from September 4, 2021 to October 2, 2021, which is after the timeframe that she was required to respond to the Notification of Certification dated July 21, 2021. The certification notice specifically advises eligibles to respond in writing within 5 business days of receipt. Instead, the appellant waited until she received a Certification Disposition Notice, dated September 13, 2021, which informed her that she did not reply to the Notification of Certification and which provided appeal information. Moreover, there is no evidence that the appellant did not receive the Notification of Certification, and the appellant did not explain why she did not respond in July 2021.

Accordingly, the appellant has not met her burden of proof in this matter and the appointing authority had sufficient cause for removing her name from the eligible list for Motor Vehicle Operator 1 to 10 months (S1094A), Statewide.

ORDER

Therefore, it is ordered that this appeal be denied.

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