N.J.A.C. 4A:2-2.9 Commission hearings

N.J.A.C. 4A:2-2.9, Commission hearings. Requests for a Commission hearing will be reviewed and determined by the Chairperson or the Chairperson's designee. (b) Major discipline hearings will be he Full text with 4 recorded amendments, 59 citing decisions, cited by 3 other rules.

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

Whether you get a hearing, and who conducts it. The Chairperson or a designee decides on requests for a Commission hearing. Major discipline appeals are heard either by the Commission itself or referred to the Office of Administrative Law for a hearing before an administrative law judge. Minor discipline usually gets no hearing at all, with two exceptions that turn on accumulation rather than severity: the last suspension or fine of five working days or less where the year total reaches 15 working days, and the last one where you have received more than three such suspensions or fines in a calendar year. Where an employee has pleaded guilty to or been convicted of an offense causing forfeiture of employment under N.J.S.A. 2C:51-2, the section sets out separate treatment.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:2-2.9. It is a description of the rule, not the rule itself, and not legal advice.

(a) Requests for a Commission hearing will be reviewed and determined by the Chairperson or the Chairperson's designee. #

(b) Major discipline hearings will be heard by the Commission or referred to the Office of Administrative Law for hearing before an administrative law judge, except that an appeal by certain law enforcement officers or firefighters of a removal shall be heard as provided in N.J.A.C. 4A:2-2.13. Minor discipline matters will be heard by the Commission or referred to the Office of Administrative Law for a hearing before an administrative law judge for an employee's last suspension or fine for five working days or less where the aggregate number of days the employee has been suspended or fined in a calendar year, including the last suspension or fine, is 15 working days or more, or for an employee's last suspension or fine where the employee receives more than three suspensions or fines of five working days or less in a calendar year. See N.J.A.C. 1:1 for OAL hearing procedures. #

1. Where an employee has pled guilty to or been convicted of a crime or offense which is cause for forfeiture of employment under N.J.S.A. 2C:51-2, but the court has not issued an order of forfeiture, the Commission shall not refer the employee's appeal for a hearing regarding the applicability of N.J.S.A. 2C:51-2 nor make a determination on that issue. See N.J.A.C. 4A:2-2.7. #

2. Where a court has entered an order of forfeiture, and the appointing authority has so notified the employee, but the employee disputes whether an order of forfeiture was actually entered, the Commission may make a determination on the issue of whether the order was actually entered. See N.J.A.C. 4A:2-2.7. #

3. Notwithstanding (b)1 and 2 above, the Commission may determine whether an individual must be discharged from a State or local government position due to a permanent disqualification from public employment based upon the prior conviction of a crime or offense involving or touching on a previously held public office or employment, provided, however, that the Attorney General or county prosecutor has not sought or received a court order waiving the disqualification provision. See N.J.S.A. 2C:51-2(d) and (e). #

(c) The Commission may adopt, reject or modify the recommended report and decision of an administrative law judge. Copies of all Commission decisions shall be served personally or by regular mail upon the parties. #

(d) The Commission may reverse or modify the action of the appointing authority, except that removal shall not be substituted for a lesser penalty. #

Amendment history

Rule numbers, effective dates and New Jersey Register citations as published. 4 recorded changes.

July 22, 2010ReadoptedR.2010 d.176
42 N.J.R. 693(a); 42 N.J.R. 1855(a)
July 17, 2006AmendedR.2006 d.271
37 N.J.R. 4345(a); 38 N.J.R. 3016(b); 41 N.J.R. 2720(a)
August 7, 1995AmendedR.1995 d.417
27 N.J.R. 1838(a); 27 N.J.R. 2885(a)

1 editorial correction (punctuation and cross-reference updates)

October 16, 2000AmendedR.2000 d.433
32 N.J.R. 2275(a); 32 N.J.R. 3870(a)

How this rule has been applied

59 decisions have cited N.J.A.C. 4A:2-2.9. The list below is citations to those decisions, not the decisions. The summary above is ours, written from the opinion after reading it. Nothing here is legal advice.

Decisions we have read

Cunningham v. Dept. of Civil Service69 N.J. 13, December 16, 1975

Two Directors of Design lost their titles in a departmental reorganisation and went onto a special reemployment list, then claimed a prior right to a newly classified position they said did the same work. A chief examiner decided by letter that the two titles were not comparable, and that was the end of it until the Supreme Court held the question could not be settled on paper. People in that position have enough at stake to be entitled to a hearing as a matter of fundamental fairness, and the agency owes them findings that actually compare the duties rather than a sentence echoing the words of the statute.

Read the opinion (free, via CourtListener). Summary written from the decision, checked July 26, 2026.

New Jersey Supreme Court (1)

Cunningham v. Dept. of Civil Service69 N.J. 13; 350 A.2d 581975

Appellate Division (4)

, No. A-1038-07T2September 26, 2007
, No. A-0653-05T1September 7, 2005
In the Matter of Morrison216 N.J.Super. 143; 523 A.2d 238
In the Matter of Parlow192 N.J.Super. 247; 469 A.2d 940

Civil Service Commission final determinations (13)

In re Melendez, Dep't of Corr., CSC DKT. NO. 2016-3473June 9, 2021
In re Pinto, Program Specialist 4 (PS5653K), Dep't of Human Servs., CSC DKT. NO. 2021-1494June 7, 2021
In re Pimentel, State Parole Bd., CSC DKT. NO. 2019-3434June 2, 2021
In re Williams, Lawrence Twp. Dep't of Pub. SafetyDocket CSV 17964-19April 28, 2021
In re Tonner, Edna Mahan Corr. Facility, CSC Docket No. 2017-646, Dep't of Corrs.Docket 2017-646September 21, 2018
In re Herrera, CSC Docket No. 2018-1192Docket 2018-1192June 6, 2018
In re Jaime Colon, Police Dep't., City of ElizabethDocket CSB 00894-13February 14, 2014cites (d)
In re Linda Tisby, Camden Cnty., CSC Dkt. No. 2013-1166July 22, 2013cites (d)
In re ReidDocket CSR 7477-10April 20, 2011
In re DesmondDocket CSV 8989-08March 10, 2010
In re OwensDocket CSV 386-09October 7, 2009
Russ v. Human Services Department95 N.J.A.R.2d (CSV) 647
Petescia v. County of Essex92 N.J.A.R.2d (CSV) 388

Office of Administrative Law initial decisions (41)

In re Stoner, Ancora Psychiatric Hosp., Dep't of HealthDocket CSV 09806-13April 17, 2020
In re Barnes, Monmouth Cnty. Dep't of Human Servs.March 22, 2018
September 15, 2017
In re Baker, Ann Klein Forensic Psychiatric Hosp., Dep't of Human Servs.Docket CSV 09967-12February 10, 2017
In re Singletary, Judiciary, Essex Cnty. VicinageDocket CSV 07364-13November 19, 2014
In re Linda Tisby, Camden Cnty. Corr. FacilityJune 26, 2013
In re RosarioDocket CSV 5829-08July 8, 2009
In re RossDocket CSV 8839-07April 15, 2009
In re SampsonDocket CSV 126-08February 25, 2009
In re CoplingDocket CSV 4275-07February 11, 2009
In re CrowderDocket CSV 2998-08October 22, 2008
In re DaughtryDocket CSV 10171-06May 7, 2008
In re DebiasDocket CSV 6114-07May 7, 2008
In re SandersDocket CSV 11115-07April 23, 2008
In re ClarkeDocket CSV 4495-07April 23, 2008
In re VanDerveerDocket CSV 6265-07February 27, 2008
In re McFaddenDocket CSV 07267-07February 13, 2008
In re RamosDocket CSV 3883-07February 13, 2008
In re MartinDocket CSV 1303-06January 16, 2008
In re ThompsonDocket CSV 774-07December 19, 2007
In re Gore-BellDocket CSV 3975-06December 5, 2007cites (d)
In re FrederickDocket CSV 784-07December 5, 2007
In re HubbsDocket CSV 6528-06October 10, 2007
In re SteigerDocket CSV 5463-05July 11, 2007
In re ManayDocket CSV 8342-06June 20, 2007
In re GatewoodDocket CSV 7812-06June 20, 2007
In re RicciardiDocket CSV 1851-06April 25, 2007
In re R.J. Shumny, Monmouth Cnty., OAL Docket No. CSV 10291-05, DOP Docket No. 2006-1893February 1, 2007
December 20, 2006
In re MartinezDocket CSV 6550-05October 19, 2006
In re SalenskyDocket CSV 7734-05October 19, 2006
In re GravesDocket CSV 226-06August 9, 2006
In re RosadoDocket CSV 9431-04July 19, 2006
In re HidalgoDocket CSV 6327-00April 26, 2006
In re McGortyDocket CSV 9567-05April 26, 2006
In re McConnellDocket CSV 9430-04April 5, 2006
In re OrtizDocket CSV 12056-04March 22, 2006
In re SnyderDocket CSV 554-05March 8, 2006
In re WashingtonDocket CSV 6778-04February 8, 2006
In re HayesDocket CSV 5089-05January 25, 2006
In re SeitzDocket CSV 2889-05December 7, 2005

Commission decisions citing 4A:2-2.9

11 decisions of the Civil Service Commission since January 16, 2019 cite this section (penalty modified 4, denied 2, different results for different parties 2, as the minutes record the outcome). The newest:

In the Matter of Barbara Diller, Hunterdon Developmental Center, Department of Human Services CSC Docket No. 2022-1725 · September 2, 2026 · Discipline · Penalty modified
In the Matter of J.I., City of Passaic CSC Docket No. 2026-1283 · July 22, 2026 · Referred for further review
In the Matter of Jennifer Akturk, Department of Corrections CSC Docket No. 2026-993 · November 5, 2025 · Request for reconsideration · Denied
In the Matter of Kimberly Mitchell, Cumberland County, Sheriff’s Department CSC Docket No. 2025-1538 · September 24, 2025 · Request for reconsideration · Different results for different parties
In the Matter of Sheri Janoski, Green Township CSC Docket No. 2024-170 · March 20, 2024 · Discipline · Penalty modified

All 11 decisions