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N.J.A.C. 4A:2-2.1 Employees covered

N.J.A.C. 4A:2-2.1, Employees covered. This subchapter applies only to permanent employees in the career service or a person serving a working test period. (b) Appointing authorities may establis Full text with 2 recorded amendments, 17 citing decisions.

Appeals, Discipline, and Separations · Major Discipline

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

Major discipline protections reach permanent career service employees and people serving a working test period. Everybody else is outside this subchapter, though an appointing authority may set up its own major discipline procedures for them. The part worth reading closely is what a union contract does to all of this. Where the State and the majority representative have agreed on a procedure for appointing authority review before discipline is imposed, that negotiated procedure becomes the exclusive one. And where they have agreed on binding arbitration for disputes that would otherwise be appealable to the Commission, arbitration replaces the Commission appeal entirely. So the route described across the rest of this subchapter may already have been substituted for by a contract, and checking the agreement comes before checking the rule.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:2-2.1. It is a description of the rule, not the rule itself, and not legal advice.

(a) This subchapter applies only to permanent employees in the career service or a person serving a working test period. #

(b) Appointing authorities may establish major discipline procedures for other employees. #

(c) When the State of New Jersey and the majority representative have agreed pursuant to the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-5.3, to a procedure for appointing authority review before a disciplinary action is taken against a permanent employee in the career service or an employee serving a working test period, such procedure shall be the exclusive procedure for review before the appointing authority. #

(d) When the State of New Jersey and the majority representative have agreed pursuant to the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-5.3, to a disciplinary review procedure that provides for binding arbitration of disputes involving a disciplinary action that would be otherwise appealable to the Commission under N.J.A.C. 4A:2-2.8, of a permanent employee in the career service or a person serving a working test period, such procedure shall be the exclusive procedure for any appeal of such disciplinary action. #

Amendment history

Rule numbers, effective dates and New Jersey Register citations as published. 2 recorded changes.

  1. AmendedR.2015 d.186
    47 N.J.R. 1689(a); 47 N.J.R. 2966(a)
  2. AmendedR.2006 d.271
    37 N.J.R. 4345(a); 38 N.J.R. 3016(b)

How this rule has been applied

17 decisions have cited N.J.A.C. 4A:2-2.1. 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.

New Jersey Supreme Court (3)
  • In re Anthony Stallworth208 N.J. 182; 26 A.3d 10592011
  • O'Malley v. Department of Energy109 N.J. 309; 537 A.2d 6471987
  • 75 N.J. 534; 384 A.2d 513
Superior Court (2)
  • In re Hearn417 N.J. Super. 289; 9 A.3d 10322010
  • Melani v. County of Passaic345 N.J.Super. 579
Federal courts (1)
  • Reilly v. City of Atl. City532 F.3d 2162008
Civil Service Commission final determinations (7)
  • CBA. In re Collins, CSC Docket. No. 2022-1726
  • In re F.C., Office of the Public Guardian, Dep't of Human Servs., CSC Docket No. 2020-730Docket 2020-730
  • In re Darcy, Town of Harrison, CSC Docket No. 2019-1047Docket 2019-1047
  • In re V.A., Dep't of Health, CSC Docket No. 2018-1381Docket 2018-1381
  • In re Aldoy et al., Supervisor Food Service Area Ops. (PS1328K), Ancora Psych. Hosp., Dep't of Human Servs., CSC Docket Nos. 2017-2919 and 2017-2920 (Consolidated)Docket 2017-2919 and 2017-2920
  • In re Fort, Twp. of Maple Shade, CSC Docket No. 2014-7Docket 2014-7
  • In re Inverso and Williams, State Parole Bd., CSC Docket Nos. 2014-1210 and 2014-1211 (Consolidated)Docket 2014-1210 and 2014-1211
Office of Administrative Law initial decisions (4)
  • OAL. In re Armstrong, Dep't of Human Servs., Developmental DisabilitiesDocket CSV 02876-16
  • In re City of Trenton Layoffs, Dep't of Admin. & Fin.Docket CSV 876-11cites (a)
  • In re AginsDocket CSV 4062-06
  • In re GoodenDocket CSV 6905-05

Commission decisions citing 4A:2-2.1

23 decisions of the Civil Service Commission since January 16, 2019 cite this section (denied 14, sent back to the office of administrative law 2, referred for further review 2, as the minutes record the outcome). The newest:

All 23 decisions

This rule points to

Elsewhere in Major Discipline

Elsewhere