NJ Civil Service Navigator

N.J.A.C. 4A:10-2.2 Failure to appoint from complete certification

N.J.A.C. 4A:10-2.2, Failure to appoint from complete certification. When the examination process has been initiated due to the appointment of a provisional or at an appointing authority's request, the appointing authority sh Full text with 5 recorded amendments, 42 citing decisions, cited by 4 other

Violations and Penalties · Enforcement

Current through New Jersey Register, Vol. 58 No. 14, July 20, 2026. Reviewed as of July 26, 2026.

This is an annotated mirror, not the official publication. Verify against the Civil Service Commission before relying on it.

In plain language

An examination begun because someone was appointed provisionally, or because the appointing authority asked for one, has to end in an appointment from the complete certification it produces. Backing out has a deadline and a price. The early exit is to tell the Chairperson, by the date of the examination or within 30 days of the initial announcement, whichever comes first, that the position has been vacated and the provisional appointee terminated. The Chairperson may then cancel the examination, permit no permanent appointment to be made, or take other appropriate action. After that window the only route is a petition to the Commission for permission not to appoint, for a valid reason such as fiscal constraints. The Commission may grant the petition and still order the appointing authority to reimburse the cost of the selection process, with 20 days to respond to the amount assessed. The Commission may also apply the enforcement remedies in 4A:10-2.1, after notice and an opportunity to respond.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:10-2.2. It is a description of the rule, not the rule itself, and not legal advice.

(a) When the examination process has been initiated due to the appointment of a provisional or at an appointing authority's request, the appointing authority shall make an appointment from a resulting complete certification. #

1. When an appointing authority has notified the Chairperson or designee, either by the date of the examination or within 30 days after the initial date of the examination announcement, whichever date is earlier, that it has vacated the position and terminated the provisional appointee, the Chairperson or designee may cancel the examination, permit the appointing authority not to make a permanent appointment, or take other appropriate action. #

2. Following the period set forth in (a)1 above, an appointing authority may, for valid reasons such as fiscal constraints, petition the Commission for permission not to make a permanent appointment. The Commission may grant such petition, but may order the appointing authority to reimburse the Commission for the costs of the selection process, provided, however, that when the jurisdiction in which the appointing authority is situated has agreed to the intergovernmental transfer pursuant to N.J.A.C. 4A:4-7.1A of an employee into a title for which an open competitive or promotional list exists, the appointing authority may petition the Commission for a waiver of the costs of the selection process. The Commission shall notify the appointing authority of the amount of the reimbursement and provide an opportunity to respond to the assessment within 20 days of such notice. #

(b) In addition to the actions which the Commission may take in (a) above, the Commission may take any action set forth in N.J.A.C. 4A:10-2.1. Prior to any such action being taken, the appointing authority shall be given notice and an opportunity to respond. #

Amendment history

Rule numbers, effective dates and New Jersey Register citations as published. 5 recorded changes.

  1. AmendedR.2015 d.190
    47 N.J.R. 1377(a); 47 N.J.R. 2977(a)
  2. AmendedR.2001 d.420
    33 N.J.R. 2567(a); 33 N.J.R. 3895(b)
  3. AmendedR.1989 d.569
    21 N.J.R. 1766(a); 21 N.J.R. 3448(b)
  4. date not statedPetition for rulemaking
    21 N.J.R. 2043(a)
  5. date not statedPetition for rulemaking
    21 N.J.R. 3557(a)

How this rule has been applied

42 decisions have cited N.J.A.C. 4A:10-2.2. The list below is citations to those decisions, not the decisions. We have not written summaries for this section. A citation with no summary is deliberate: we do not paraphrase a decision we have not read. Nothing here is legal advice.

Superior Court (1)
  • In Re Code Enforcement Officer349 N.J.Super. 426; 793 A.2d 839
Civil Service Commission final determinations (41)
  • In re Program Coordinator, Mental Health (S0036V), Dep't of Military & Veterans Affairs, CSC Docket No. 2021-413Docket 2021-413
  • In re Soc. Work Supervisor (C0845U), Hunterdon Cnty., CSC Docket No. 2018-2630Docket 2018-2630
  • In re Principal Library Assistant (C0607S) and (C0938U), Ocean Cnty. Library, CSC Docket No. 2018-2619Docket 2018-2619
  • In re Housing Coordinator (M0942R), City of Newark, CSC Docket No. 2016-2784Docket 2016-2784cites (a), (a)2
  • In re Chief Chemist Water Analysis (Special), City of Trenton, CSC Dkt. No. 2016-3867
  • In re Juvenile Detention Officer (C0658R), Hudson Cnty., CSC Docket No. 2016-1261Docket 2016-1261
  • In re Communications Officer (C0466P), Essex Cnty. Sheriff's Office, CSC Dkt. No. 2014-3090
  • In re Veterans Serv. Officer (M0254R), Union City, CSC Docket No. 2014-1291Docket 2014-1291
  • In re Senior Housing Assistance Technician (M0319P), Paterson Housing Auth., CSC Docket No. 2014-1829Docket 2014-1829
  • In re Therapeutic Tech. (C0353L), Ocean Cnty. Bd. of Social Servs., CSC Docket No. 2014-1828Docket 2014-1828
  • In re Secretarial Assistant 1 (S1333L), Statewide, CSC Docket No. 2012-2906Docket 2012-2906
  • In re Human Servs. Specialist 1, Bilingual in Hindi and English (C0086R), Middlesex Cnty. Bd. of Soc. Servs., CSC Docket No. 2014-1637Docket 2014-1637
  • In re Supervisor of Garage, Services (M0677L), Twp. of Sparta, CSC Docket No. 2014-1757Docket 2014-1757cites (a)2
  • In re Commnc'n Officer (M0909K), City of Orange, CSC Docket No. 2014-1759Docket 2014-1759cites (a)2
  • In re Counselor Adolescent Unit (C0102R), Atlantic Cnty., CSC Docket No. 2014-341Docket 2014-341cites (a)1
  • In re Senior Cmty. Serv. Aide (M0096P), City of East Orange, CSC Docket No. 2013-2974Docket 2013-2974cites (a)2
  • In re Data Base Analyst 1 (S0219P), Statewide, CSC Docket No. 2014-138Docket 2014-138cites (a)2
  • In re Senior Mgmt. Assistant (S0562P), Statewide, CSC Docket No. 2014-445Docket 2014-445cites (a)2
  • In re Park Naturalist (C0454P), Essex Cnty., CSC Dkt. No. 2013-2744cites (a)2
  • In re Community Relations Specialist (M0324P), Hamilton Twp., CSC Docket No. 2014-247Docket 2014-247cites (a), (a)2
  • In re Tax Clerk/Telephone Operator (M2432N), Lakewood, CSC Docket No. 2013-2401Docket 2013-2401cites (a)2
  • In re Assistant Violations Clerk, Typing (M0277P), Borough of Elmwood Park, CSC Dkt. No. 2013-1790cites (a)
  • In re Recreation Program Coordinator (M0240P), Teaneck, CSC Dkt. No. 2013-3159cites (a)2
  • In re Coordinator of Monitoring & Evaluation (M0828P), Passaic City, CSC Dkt. No. 2013-2993cites (a)2
  • In re Community Service Worker (C0004N), Ocean Cnty. Bd. of Health, CSC Dkt. No. 2012-3713cites (a)2
  • In re Senior Librarian (M2413N), Orange Public Library, CSC Dkt. No. 2013-1445cites (a)2
  • In re Police Aide (M0314P), Rutherford, CSC Dkt. No. 2013-2906cites (a)2
  • In re Deputy Registrar of Vital Statistics (M0340P), Borough of Fair Lawn, CSC Dkt. No. 2013-3006cites (a)2
  • New Jersey. In re Public Health Investigator (C0964L), Ocean Cnty. Health Dep't., CSC Dkt. No. 2013-2733cites (a)2
  • In re Librarian Reference (M0923P), Clark Pub. Library, CSC Dkt. No. 2013-2553cites (a)2
  • In re Administrative Analyst (Special) and (M0191M), Newark, CSC Dkt. No. 2013-311cites (a)2
  • In re Substance Abuse Counselor Intern (C0275N), Camden Cnty. Health Servs., CSC Docket No. 2012-3371Docket 2012-3371cites (a)2
  • In re Keyboarding Clerk 2 (PM1191N), Newark Sch. Distr., CSC Docket No. 2013-1305Docket 2013-1305cites (a)2
  • In re Code Enforcement Officer (M2269N), Manasquan, CSC Docket No. 2013-1766Docket 2013-1766cites (a)2
  • In re Clerk 4 (PC0521N), Middlesex Cnty. Bd. of Soc. Servs., CSC Docket No. 2013-1854Docket 2013-1854cites (a)2
  • In re Chief Code Enforcement Officer (PM0737M), Newark, CSC Dkt. No. 2013-880cites (a)2
  • In re Personnel Aide (M2529N), Jersey City Public Library, CSC Dkt. No. 2013-2342cites (a)2
  • In the Matter of Public Information Officer (M0007P), Vineland School District, CSC Dkt. No. 2013-1428cites (a)1
  • In the Matter of Apprentice Electrician (M2402N), Atlantic City, CSC Dkt. No. 2013-1001cites (a)1
  • In the Matter of Fire Fighter (M2572M), Trenton, CSC Dkt. No. 2013-1273cites (b)
  • In re Violations Clerk (M2451N), Lawnside, CSC Dkt. No. 2013-1294cites (a)2

Commission decisions citing 4A:10-2.2

138 decisions of the Civil Service Commission since January 16, 2019 cite this section (ordered 91, granted 41, denied 4, as the minutes record the outcome). The newest:

All 138 decisions

This rule points to

Rules that point here

Elsewhere in Enforcement