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N.J.A.C. 4A:2-2.6 Hearings before the appointing authority

N.J.A.C. 4A:2-2.6, Hearings before the appointing authority. The hearing shall be held before the appointing authority or its designated representative. (b) The employee may be represented by an attorney or authorized Full text with 1 recorded amendment, 16 citing decisions, cited by 1 other rule.

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

What the departmental hearing looks like. It is held before the appointing authority or somebody it designates, which means the employer hears the case against its own charges. You may be represented by an attorney or an authorized union representative. Both sides get to review the evidence supporting the charges and to present and question witnesses. You cannot be made to testify, though if you choose to, you can be cross-examined. Within 20 days of the hearing, or longer if both sides agree, the appointing authority has to decide and give you a Final Notice of Disciplinary Action, in person or by certified mail. That Final Notice is what starts the 20-day clock for appealing to the Commission under 4A:2-2.8.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:2-2.6. It is a description of the rule, not the rule itself, and not legal advice.

(a) The hearing shall be held before the appointing authority or its designated representative. #

(b) The employee may be represented by an attorney or authorized union representative. #

(c) The parties shall have the opportunity to review the evidence supporting the charges and present and examine witnesses. The employee shall not be required to testify, but an employee who does testify will be subject to cross-examination. #

(d) Within 20 days of the hearing, or such additional time as agreed to by the parties, the appointing authority shall make a decision on the charges and furnish the employee either by personal service or certified mail with a Final Notice of Disciplinary Action. See N.J.A.C. 4A:2-2.13 for the issuance of a Final Notice in removal appeals by certain law enforcement officers and firefighters. #

Amendment history

Rule numbers, effective dates and New Jersey Register citations as published. 1 recorded change.

  1. ReadoptedR.2010 d.176
    42 N.J.R. 693(a); 42 N.J.R. 1855(a); 52 N.J.R. 971(a)

How this rule has been applied

16 decisions have cited N.J.A.C. 4A:2-2.6. 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 (3)
  • Borough of Franklin v. Smith2021
  • In re Darcy114 N.J.Super. 454; 277 A.2d 2261971
  • City of New Brunswick v. Speights157 N.J.Super. 9; 384 A.2d 225
Federal courts (1)
  • Carr v. Sharp, C.A.454 F.2d 2711971
Civil Service Commission final determinations (12)
  • In re O'Brien, Jersey City, CSC Docket No. 2023-1911Docket 2023-1911
  • In re Cerami, City of Newark, CSC Docket No. 2021-227Docket 2021-227
  • In re K.W., City of Asbury Park, CSC Docket No. 2020-2657Docket 2020-2657
  • In re McRae-Richards, Mgmt. Specialist (PM0113W), Trenton, CSC Docket No. 2019-365Docket 2019-365
  • In re Vila, Signal Sys. Technician 1 (M0901V), Elizabeth, CSC Docket No. 2018-3331, N.J. CSC LEXIS 716, Final Agency Determination (October 3Docket 2018-3331
  • In re Cardona-Malatino, Camden Cnty. Police, CSC Docket No. 2018-1834Docket 2018-1834
  • In re Alicea, State Parole Bd., CSC Docket No. 2018-774Docket 2018-774
  • PNDA. In re Negra, City of E. Orange, CSC Docket No. 2014-1604Docket 2014-1604
  • In re Boelhower, Woodbridge Fire Dist. # 1, CSC Docket No. 2014-2298Docket 2014-2298
  • In the Matter of Cheryl Goins, Essex County, CSC Dkt. No. 2013-274
  • Russ v. Human Services Department95 N.J.A.R.2d (CSV) 647
  • Cue v. Camden County92 N.J.A.R.2d (CSV) 131

Commission decisions citing 4A:2-2.6

37 decisions of the Civil Service Commission since January 16, 2019 cite this section (denied 18, granted in part 16, granted 2, as the minutes record the outcome). The newest:

All 37 decisions

This rule points to

Rules that point here

Elsewhere in Major Discipline