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N.J.A.C. 4A:2-2.4 Limitations on suspensions and fines

N.J.A.C. 4A:2-2.4, Limitations on suspensions and fines. No suspension or fine shall exceed six months except for suspensions pending criminal complaint or indictment. See N.J.A.C. 4A:2-2.7. (b) In local service, Full text with 3 recorded amendments, 26 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

A suspension or fine cannot run beyond six months, with one exception: a suspension pending a criminal complaint or indictment, which 4A:2-2.7 governs separately. Whether a suspension costs you pay depends on where you work. In local service the appointing authority decides whether it is with or without pay. In State service it is without pay unless the department head specifically authorizes otherwise. Fines are tightly limited. One may be imposed only as restitution, in place of a suspension where the appointing authority shows a suspension would be detrimental to public health, safety or welfare, or where the employee has agreed to a fine as an option. A fine of more than five days salary can be paid in installments, capped as a percentage of gross pay that rises with the size of the fine.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:2-2.4. It is a description of the rule, not the rule itself, and not legal advice.

(a) No suspension or fine shall exceed six months except for suspensions pending criminal complaint or indictment. See N.J.A.C. 4A:2-2.7. #

(b) In local service, the appointing authority may provide that a suspension be with or without pay. In State service, suspensions shall be without pay unless directly authorized to be with pay by the department head. In both local and State service, a suspension on the record may be imposed in accordance with (e) below. #

(c) An appointing authority may only impose a fine as follows: #

1. As a form of restitution; #

2. In lieu of a suspension, when the appointing authority establishes that a suspension of the employee would be detrimental to the public health, safety or welfare; or #

3. Where an employee has agreed to a fine as a disciplinary option. #

(d) An employee may pay a fine of more than five days salary in a lump sum or through installments. Unless otherwise agreed to by the employee, an installment may not be more than five percent of the gross salary per pay for a fine under $ 500.00; 10 percent of gross salary per pay period for a fine between $ 500.00 and $ 1,000; or 15 percent of gross salary per pay period for a fine over $ 1,000. #

(e) An appointing authority may impose a suspension on the record when the appointing authority and the employee, or, where the employee is covered by a collective negotiations agreement, the employee's majority representative, agree in writing that, for purposes of progressive discipline, the employee will receive a suspension on the record and that it will have the same force and effect for purposes of future disciplinary actions as a suspension actually served by the employee. #

Amendment history

Rule numbers, effective dates and New Jersey Register citations as published. 3 recorded changes.

  1. AmendedR.2006 d.386
    38 N.J.R. 2773(a); 38 N.J.R. 4690(a)
  2. date not statedPetition for rulemaking
    30 N.J.R. 3103(a); 30 N.J.R. 3552(a)
  3. date not statedPetition for rulemaking
    38 N.J.R. 1085(a)

How this rule has been applied

26 decisions have cited N.J.A.C. 4A:2-2.4. 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.

Appellate Division (1)
  • , Docket No. A-4396-05T3
Superior Court (1)
  • Cosme v. Borough of East Newark Tp. Committee304 N.J.Super. 191; 698 A.2d 1287
Civil Service Commission final determinations (12)
Office of Administrative Law initial decisions (12)
  • Rush v. Morris Cnty. Sheriff's OfficeDocket CSV 01395-17
  • In re Sanchez, Town of West N.Y., Dep't of Parks & Pub. Prop.Docket CSV 05728-18
  • In re Hill, City of Newark, Dep't of Neighborhood & Recreational Servs.Docket CSV 03284-16
  • In re Robetto, City of Newark Fire Dep'tDocket CSV 16438-13
  • In re Torsiello, Twp. of Nutley Dep't of Pub. Works
  • In re Jordan, Hudson Cty. Dep't of Corrs.Docket CSV 06247-14
  • In re Moran, Superior Court of New Jersey -- Union VicinageDocket CSV 08100-12
  • In re CoplingDocket CSV 4275-07
  • In re CliverDocket CSV 919-08
  • In re Di MemmoDocket CSV 920-08
  • In re McCraryDocket CSV 4540-07
  • In re Rowe, City of East OrangeDocket CSV07535-07

Commission decisions citing 4A:2-2.4

25 decisions of the Civil Service Commission since January 16, 2019 cite this section (granted in part 14, denied 4, granted 3, as the minutes record the outcome). The newest:

All 25 decisions

This rule points to

Elsewhere in Major Discipline