N.J.A.C. 4A:10-3.1 General provisions
N.J.A.C. 4A:10-3.1, General provisions. The Chairperson of the Civil Service Commission or designee, or the Commission, may disapprove and order the payment stopped of the salaries of any person e Full text with 1 recorded amendment, 1 citing decision, cited by 1 other rule.
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
The remedy for an unlawful appointment can reach three people's pay, not one. The Chairperson or designee, or the Commission, may disapprove and stop the salary of a person employed in violation of Title 11A, these rules or an order; of the individual with employment authority over that person; and of whoever authorises payment of a disapproved salary. It runs in two steps. A notice goes to the appointing authority, the affected employee and anyone else whose salary is at stake, stating the nature of the violation and giving 10 days to respond, with a review conference possible. Where the issue is not resolved, an order issues requiring payment stopped, mailed to everyone affected and, in State service, to the Department of the Treasury. There are 20 days from receipt of the order to appeal to the Commission. If the violation is not corrected and no appeal is filed in time, the matter is referred to the Commission for review and any appropriate action.
Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:10-3.1. It is a description of the rule, not the rule itself, and not legal advice.
(a) The Chairperson of the Civil Service Commission or designee, or the Commission, may disapprove and order the payment stopped of the salaries of any person employed in violation of Title 11A, New Jersey Statutes, Title 4A, N.J.A.C., or an order of the Chairperson or Commission, the individual with employment authority over such person, and the person who authorizes payment of a disapproved salary. #
(b) A notice of salary disapproval shall be given to the appointing authority, the affected employee, and other persons whose salaries are to be disapproved. #
1. The notice shall state the nature of the violation and provide the appointing authority, the affected employee, and other affected persons 10 days to respond to the notice of salary disapproval. #
2. A review conference may also be held at a time and location specified by the Chairperson or designee. #
(c) If the issue which required the notice of salary disapproval has not been resolved, a salary disapproval order shall be issued. #
1. The order shall state the nature of the violation and require payment stopped to the affected employee. #
2. The order may also require payment stopped to the individual with employment authority over such employee and the person who authorized payment of the disapproved salary. #
3. The order shall be mailed to the appointing authority, the affected employee, the persons whose salaries have been disapproved, and in State service, the Department of the Treasury. #
4. The appointing authority, the affected employee, and other persons whose salaries have been disapproved may appeal the order to the Civil Service Commission within 20 days of receipt of the order. See N.J.A.C. 4A:2-1, for appeal procedures. #
5. If the violation has not been corrected and no appeal has been timely filed, the matter shall be referred to the Commission for review and any appropriate action pursuant to law or rule. #
Amendment history
Rule numbers, effective dates and New Jersey Register citations as published. 1 recorded change.
- AmendedR.2015 d.19047 N.J.R. 1377(a); 47 N.J.R. 2977(a)
How this rule has been applied
1 decision has cited N.J.A.C. 4A:10-3.1. 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.
Civil Service Commission final determinations (1)
- In re Newark Sch. Dist., CSC Docket No. 2018-2792017 N.J. CSC LEXIS 586Docket 2018-279