NJ Civil Service Navigator

N.J.A.C. 4A:3-1.2 Divisions within the career service

N.J.A.C. 4A:3-1.2, Divisions within the career service. The Civil Service Commission shall allocate and reallocate career service titles between the competitive and noncompetitive divisions. (b) A career service Full text with 1 recorded amendment, 40 citing decisions, cited by 1 other rule.

Classification, Services, and Compensation · Career and Unclassified Services

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

Two divisions, and which one a title sits in decides whether an examination stands between an appointee and permanent status. Competitive division titles run through the competitive examination procedures. A title goes to the noncompetitive division when the Commission finds permanent appointments appropriate and at least one of three things holds: competitive testing is not practicable given the knowledge and skills involved, ranked eligible lists have not met or are unlikely to meet appointing authority needs because of salary, location, recruitment or working conditions, or immediate appointments are needed for a new legislative program or a major agency reorganisation. Noncompetitive is not a free pass, since appointees still meet the specification minimums and still finish a working test period. Reallocation carries process: administrative review, notice to appointing authorities and negotiations representatives, a written comment period of at least 20 days, and a final decision on the record. Provisionals in the title on the effective date convert to regular appointments that day. An interim noncompetitive designation lasts a year at most.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:3-1.2. It is a description of the rule, not the rule itself, and not legal advice.

(a) The Civil Service Commission shall allocate and reallocate career service titles between the competitive and noncompetitive divisions. #

(b) A career service job title in the competitive division is subject to the competitive examination procedures of N.J.A.C. 4A:4-2, except as provided in N.J.A.C. 4A:3-3.2A. #

(c) A job title may be placed in the noncompetitive division on an ongoing or interim basis when it is determined by the Civil Service Commission that it is appropriate to make permanent appointments to the title and one or more of the following criteria are met. #

1. Competitive testing is not practicable due to the nature of the knowledge, skills, and abilities associated with the job; #

2. Certification procedures based on ranked eligible lists have not or are not likely to meet the needs of appointing authorities due to such factors as salary, geographic location, recruitment problems, and working conditions; or #

3. There is a need for immediate appointments arising from a new legislative program or major agency reorganization. #

(d) All appointees to noncompetitive titles shall meet the minimum requirements set forth in the job specification and satisfactorily complete a working test period. #

(e) Prior to any reallocation from the competitive to noncompetitive divisions, whether on an ongoing or interim basis, an administrative review shall be conducted and notice of the proposed reallocation shall be sent to affected appointing authorities and negotiations representatives. The notice shall designate the period of time, which in no event shall be less than 20 days, during which written comment may be submitted, and may provide for a public hearing. #

1. Data, reports, analyses, and other information utilized in the determination shall constitute the administrative record, and shall be available for review by affected employees, appointing authorities, and negotiations representatives. #

2. After the comment period and the public hearing, if any, the Civil Service Commission shall issue a final administrative decision containing findings and conclusions with respect to the proposed reallocation, based upon the administrative record and any comment received, and implementation procedures. #

(f) When a job title is reallocated from the competitive to noncompetitive divisions, the Commission's decision shall specify an effective date for reallocation. #

1. Permanent employees in that title as of the effective date shall retain their permanent status in the noncompetitive division. #

2. Probationary employees in that title as of the effective date shall continue serving their working test periods and, upon successful completion, attain permanent status in the noncompetitive division. #

3. Provisional employees who remain in that title as of the effective date shall receive regular appointments and begin serving their working test periods on the effective date. #

(g) If a title is designated noncompetitive on an interim basis, at the end of the interim noncompetitive period, which shall be no greater than one year, the job title shall be redesignated as competitive. Individuals appointed during the interim noncompetitive period shall, upon successful completion of their working test periods, attain permanent status in the competitive division. #

Amendment history

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

  1. AmendedR.2014 d.099
    45 N.J.R. 500(a); 46 N.J.R. 1331(c)

How this rule has been applied

40 decisions have cited N.J.A.C. 4A:3-1.2. 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 (2)
  • In re Reallocation of the Prob. Officer441 N.J. Super. 434; 119 A.3d 9212015
  • In re Hearn417 N.J. Super. 289; 9 A.3d 10322010
Federal courts (1)
  • 940 F.2d 792
Civil Service Commission final determinations (37)

Commission decisions citing 4A:3-1.2

112 decisions of the Civil Service Commission since January 16, 2019 cite this section (granted 105, denied 4, granted in part 2, as the minutes record the outcome). The newest:

All 112 decisions

This rule points to

Rules that point here

Elsewhere in Career and Unclassified Services