How Appeals to the NJ Civil Service Commission Work

What an appeal has to contain

Every appeal to the Commission has to be in writing and signed by the person appealing (the appellant) or a representative, and it has to state the reason for the appeal and the specific relief requested (N.J.A.C. 4A:2-1.1(a)). The statute draws the same line for discipline and working test period appeals, which are made in writing to the Commission (N.J.S.A. 11A:2-15).

The Commission may ask for more information. If you do not provide information it requests, the appeal may be dismissed (N.J.A.C. 4A:2-1.1(c)). Some appeal types add their own content rules. A major discipline appeal, for example, must be substantially similar to the Major Disciplinary Appeal Form, attach the Preliminary and Final Notices, and be copied to the appointing authority (N.J.A.C. 4A:2-2.8(c)). An examination appeal must include the examination title and symbol number where appropriate, the action appealed, the specific objections and the relief requested (N.J.A.C. 4A:4-6.3(e)).

The 20-day deadline and how days are counted

Unless a different period is stated, an appeal must be filed within 20 days after the appellant has notice, or should reasonably have known, of the decision, situation or action being appealed (N.J.A.C. 4A:2-1.1(b)). The trigger matters. Under the general rule the period can start before you hold a written decision, if you should reasonably have known of the action.

"Days" in the Commission's rules means calendar days unless otherwise specified (N.J.A.C. 4A:1-1.3). Weekends and holidays count. Some rules do specify otherwise: the window to challenge a keyed answer on a multiple choice examination, for instance, is counted in business days (N.J.A.C. 4A:4-6.4(a)).

Several specific appeals run from a different starting point, so check the rule for your appeal before counting:

Where an appointing authority never gives the written determination the rules require, the discipline rule and the statute let you appeal directly to the Commission within a reasonable time (N.J.A.C. 4A:2-2.8(b), N.J.S.A. 11A:2-15).

Which rule governs your appeal

N.J.A.C. 4A:2-1.7(a) lists sixteen appeal types that have their own procedures, and says any appeal not on the list is filed under the general rule in N.J.A.C. 4A:2-1.1 (N.J.A.C. 4A:2-1.7(b)). The ones most employees meet are covered in their own guides:

• Major and minor discipline (N.J.A.C. 4A:2-1.7(a)3, 4): see the discipline and removal guide.
• Classification (N.J.A.C. 4A:2-1.7(a)2): see the classification appeals guide.
• Layoffs (N.J.A.C. 4A:2-1.7(a)10): see the layoff guide.
• Examinations and removal from an eligible list (N.J.A.C. 4A:2-1.7(a)6 to 8): see the certification and list removal guide.
• Termination at the end of a working test period, which has its own appeal under N.J.A.C. 4A:2-4: see the working test period guide.

The rest of the list covers awards, discrimination, overtime, Performance Assessment Review and job reevaluation salary appeals and supplemental compensation on retirement in State service, plus grievances, reprisals and resignations (N.J.A.C. 4A:2-1.7(a)). The statute gives everyone in the examination and appointment process a right to appeal adverse actions, including rejection of an application, failure of an examination and removal from an eligible list (N.J.S.A. 11A:4-1, subsection e).

Written record or hearing

Most appeals are decided on paper. An appeal is reviewed on a written record unless a hearing is required by law, by Chapter 2 of the rules or by the layoff chapter, N.J.A.C. 4A:8, or unless the Commission finds a material and controlling dispute of fact that only a hearing can resolve (N.J.A.C. 4A:2-1.1(d)).

The statute sets the same split. After a hearing, the Commission renders the final administrative decision on appeals by permanent employees or those in their working test period concerning removal, a suspension or fine as N.J.S.A. 11A:2-14 prescribes, disciplinary demotion, and termination at the end of the working test period for unsatisfactory performance. On other appeals, it decides on a review of the written record (N.J.S.A. 11A:2-6, subsections a and b).

In a written record appeal, each party must serve copies of everything it submits on every other party, and a party may review the file at the Commission during business hours or ask for copies (N.J.A.C. 4A:2-1.1(d)). The service requirement repeats in the stay, reconsideration and examination appeal rules (N.J.A.C. 4A:2-1.2(e), 4A:2-1.6(c), 4A:4-6.3(f)).

Who can represent you

A party may be represented by an attorney, an authorized union representative or an authorized appointing authority representative (N.J.A.C. 4A:2-1.1(e)). Representation in a contested case at the Office of Administrative Law follows that office's own rule, which N.J.A.C. 4A:2-1.1(e) points to. An appellant may also file personally; the filing rule accepts an appeal signed by the appellant or a representative (N.J.A.C. 4A:2-1.1(a)). A reader unsure which route applies can consult the rule text or a representative.

Who has to prove what

The burden of proof depends on the kind of appeal (N.J.A.C. 4A:2-1.4):

• Major discipline: the appointing authority carries the burden (N.J.A.C. 4A:2-1.4(a)).
• Minor discipline: the rule points to the minor discipline procedure for its own burden standards (N.J.A.C. 4A:2-1.4(b)).
• All other Commission appeals: the appellant carries the burden (N.J.A.C. 4A:2-1.4(c)).

Specific rules repeat or adjust that default. In examination and selection appeals the appellant has the burden, except in medical or psychological disqualification appeals, where it is on the appointing authority (N.J.A.C. 4A:4-6.3(b)). In a layoff good faith appeal, the statute puts the burden on the employee (N.J.S.A. 11A:8-4). The rules place the burden without naming a standard of proof.

What the Commission can award

Seniority credit may be awarded in any successful appeal (N.J.A.C. 4A:2-1.5(a)). Back pay, benefits and counsel fees may be awarded in disciplinary appeals and where a layoff was in bad faith. In every other appeal, that relief may be granted where the appointing authority unreasonably failed or delayed to carry out a Commission order, or where the Commission finds sufficient cause in the particular case. Sufficient cause may be found where the employee shows the appointing authority took adverse action in bad faith or with invidious motivation (N.J.A.C. 4A:2-1.5(b)).

Asking for a stay or interim relief

Filing an appeal does not, by itself, pause what is being appealed. Once an appeal is filed, a party may petition the Commission for a stay or other relief until the final decision (N.J.A.C. 4A:2-1.2(a)), and the statute directs the Commission to provide for interim remedies or relief in a pending appeal where warranted (N.J.S.A. 11A:2-6, subsection c). The petition must be in writing, signed, and include supporting information (N.J.A.C. 4A:2-1.2(b)).

The Commission considers four factors (N.J.A.C. 4A:2-1.2(c)):

• A clear likelihood of success on the merits by the petitioner.
• Danger of immediate or irreparable harm if the request is not granted.
• Absence of substantial injury to other parties if it is granted.
• The public interest.

Filing a petition for interim relief does not stay administrative proceedings or processes (N.J.A.C. 4A:2-1.2(d)). In examination matters, an appeal does not affect the promulgation of a list, a certification or an appointment unless the Commission or Chairperson orders otherwise (N.J.A.C. 4A:4-6.3(c)).

Adjournments

A party asking to adjourn a hearing or other review has to show good and sufficient reason. The rule gives two examples: an attorney's unavoidable appearance in a state or federal court, and a party's illness supported by an affidavit and a doctor's certificate (N.J.A.C. 4A:2-1.3(a)). If the Commission finds a request was not for good and sufficient reason, it may impose a fine or penalty (N.J.A.C. 4A:2-1.3(b)). Matters at the Office of Administrative Law follow that office's adjournment rule, which N.J.A.C. 4A:2-1.3(c) points to.

Reconsideration

Within 45 days of receiving a decision, a party may petition the Commission for reconsideration (N.J.A.C. 4A:2-1.6(a)). The petition must be in writing and signed, and it must show one of two things: new evidence or additional information that was not presented at the original proceeding, which would change the outcome, along with the reasons it was not presented; or that a clear material error occurred (N.J.A.C. 4A:2-1.6(b)). Disagreement with the result, without one of those showings, is not among the grounds the rule lists.

The $20 processing fee

A $20 processing fee applies to all appeals and requests for relief filed with the Commission, subject to the exemptions and waivers below, and is paid by check or money order to NJCSC and sent with the appeal (N.J.A.C. 4A:2-1.8(a), (b)). An appeal filed for several appellants needs $20 for each, which may be combined in one check, with a single-fee exception for certain union requests made on behalf of a whole unit that do not relate to a pending appeal (N.J.A.C. 4A:2-1.8(c)). An appeal sent without the fee is not processed unless the fee or proof of exemption arrives within the time the Commission sets in a written notice (N.J.A.C. 4A:2-1.8(d)).

N.J.A.C. 4A:2-1.8(a) lists fifteen kinds of filing that carry no fee. Among them:

• Stay or interim relief requests, except interim relief under the departmental hearing rule and stays sought after an appeal to the Appellate Division (N.J.A.C. 4A:2-1.8(a)1).
• Reconsideration of an appeal that was itself not subject to a fee (N.J.A.C. 4A:2-1.8(a)2).
• State service grievances, reprisal or political coercion appeals, classification appeals and job reevaluation appeals (N.J.A.C. 4A:2-1.8(a)3 to 6).
• Layoff rights appeals (N.J.A.C. 4A:2-1.8(a)13), as distinct from layoff good faith appeals, which carry the fee.
• Extension or revival of an eligible list, and enforcement of a Commission decision (N.J.A.C. 4A:2-1.8(a)9, 10, 14).

Separately, the fee is waived for an appellant who has established veterans preference, or who documents receiving General Assistance, Work First New Jersey benefits or Supplemental Security Income (N.J.A.C. 4A:2-1.8(e)). The fee is for processing only and is refunded only when it was paid in error on an exempt appeal (N.J.A.C. 4A:2-1.8(f)).

After the Commission's final decision

A final administrative decision of the Commission can be appealed to the Appellate Division of the Superior Court. The Commission's rules mention that step in one place: after a final decision, once an appeal to the Appellate Division is filed, a party may petition the Commission for a stay or other relief while the court decides, under the same procedure and factors as any stay request (N.J.A.C. 4A:2-1.2(f)). That stay request carries the $20 fee (N.J.A.C. 4A:2-1.8(a)1ii). The deadline and procedure for the court appeal itself are in the New Jersey Court Rules, not in Title 4A, so this guide does not state them.