NJ Civil Service Navigator

N.J.A.C. 4A:3-3.5 Reclassification of positions

N.J.A.C. 4A:3-3.5, Reclassification of positions. When the duties and responsibilities of a position change to the extent that they are no longer similar to the duties and responsibilities set forth in the Full text with 4 recorded amendments, 17 citing decisions.

Classification, Services, and Compensation · Classification

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

The trigger is drift. When a position duties change so much that they no longer resemble the specification and the title no longer fits, the Chairperson or designee reclassifies the position to a more appropriate title, establishes a new title for it, or takes other action based on how the appointing authority is organized. Read subsection (c)1 before assuming a reclassification determination means a new title. Within 30 days of receiving the determination the appointing authority picks one of three responses: make the classification change, assign duties commensurate with the title the employee already holds, or reassign the employee to duties they have permanent rights to. Two of those three take the higher work away rather than granting the higher title. Nothing takes effect until affected permanent employees are notified and an appropriate Commission representative approves. An employee in the career or unclassified service, in State or local service, may appeal a reclassification determination, as may a local appointing authority.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:3-3.5. It is a description of the rule, not the rule itself, and not legal advice.

(a) When the duties and responsibilities of a position change to the extent that they are no longer similar to the duties and responsibilities set forth in the specification and the title is no longer appropriate, the Chairperson or designee, shall after review: #

1. Reclassify the position to a more appropriate title if there is one; #

2. Establish a new title to which the position shall be reclassified; or #

3. Take other appropriate action based on the organizational structure of the appointing authority. #

(b) An appointing authority may request a classification review by the Chairperson or designee in a manner and form as determined by the Chairperson or designee. Such review may be initiated by the Chairperson or designee. An employee or union representative may request a classification review in accordance with N.J.A.C. 4A:3-3.9. #

(c) No reclassification of any position shall become effective until notice is given to affected permanent employees and approval is given by an appropriate Commission representative. #

1. Within 30 days of receipt of the reclassification determination, unless extended by the Chairperson or designee in a particular case for good cause, the appointing authority shall either effect the required change in the classification of an employee's position; assign duties and responsibilities commensurate with the employee's current title; or reassign the employee to the duties and responsibilities to which the employee has permanent rights. Any change in the classification of a permanent employee's position, whether promotional, demotional, or lateral, shall be effected in accordance with all applicable rules. #

2. Should an employee in the career or unclassified service in State or local service, or an appointing authority in local service, disagree with a reclassification determination, an appeal to the Civil Service Commission may be filed in accordance with N.J.A.C. 4A:3-3.9. #

What a reclassification decision obliges your employer to do

Reclassification is the response when a position's duties have changed so much that they no longer resemble the specification and the title no longer fits. After review, the Chairperson or designee has three choices: move the position to a more appropriate existing title, create a new title for it, or take other appropriate action based on the employer's organizational structure. A review can be started by the appointing authority, by the Chairperson or designee, or by an employee or union representative through the position review procedure.

Two conditions come before anything takes effect. Affected permanent employees must be given notice, and an appropriate Commission representative must approve. Then the appointing authority has 30 days from receiving the determination, unless the Chairperson or designee extends the period for good cause, to do one of three things: change the classification, assign duties that fit the current title, or put the employee back on the duties of the title in which they hold permanent rights. Only the first of those changes the title.

When the classification does change, the section does not set the terms itself. A change for a permanent employee, whether promotional, demotional or lateral, is made under all the applicable rules. For a lateral move those rules are specific: an employee moving between substantially similar titles keeps permanent status and seniority, a move between dissimilar titles is made pending examination where the new title is competitive, and the usual consent of the employee and the unit head is not needed when the move results from reclassification.

An employee in the career or unclassified service, in State or local service, or a local appointing authority, may appeal a reclassification determination under 4A:3-3.9. That appeal goes to the Civil Service Commission in writing within 20 days of receiving the decision, and arguments not made at the lower level are not considered. If the Commission grants it, State implementation dates from the pay period immediately after 14 days from when a Commission representative first received the appeal or request, and local implementation from the date of receipt, unless the Commission directs an earlier date.

Related on this site: /nj-civil-service-classification-appeals, /workplace-rights

Written by the NJ Civil Service Navigator editorial team. Every statement here traces to the rules cited on this page. It is not legal advice, and a collective agreement may change how these rules apply to you.

Amendment history

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

  1. AmendedR.2019 d.072
    51 N.J.R. 191(b); 51 N.J.R. 1115(a)
  2. AmendedR.2017 d.100
    48 N.J.R. 2653(a); 49 N.J.R. 1182(a)
  3. AmendedR.2014 d.099
    45 N.J.R. 500(a); 46 N.J.R. 260(a); 46 N.J.R. 1331(c)
  4. AmendedR.1993 d.424
    25 N.J.R. 1916(a); 25 N.J.R. 4064(a)

How this rule has been applied

17 decisions have cited N.J.A.C. 4A:3-3.5. 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 (1)
  • In re Changes in the State Classification Plan2019
Federal courts (1)
  • Brennan v. Bd. of Educ., Jersey City, New Jersey374 F.Supp. 817
Civil Service Commission final determinations (13)
  • In re McGee, Dep't of Env'tl. Prot., CSC Docket No. 2023-254Docket 2023-254
  • In re Collins, Office of Information Tech., CSC Docket No. 2022-538Docket 2022-538
  • In re Esochaghi, Assistant Planner, Atlantic Cnty., CSC Docket No. 2019-3620Docket 2019-3620
  • In re Itri, Rowan Univ., CSC Docket No. 2018-1154Docket 2018-1154
  • Agency Services. In re Kelso, et al., Asbury Pk. Police Dep't., CSC Docket Nos. 2018-2634, et al. (Consolidated)Docket 2018-2634
  • In re Doyle, Motor Vehicle Comm'n, CSC Docket No. 2016-3500Docket 2016-3500
  • In re Finn, Dep't of Health, CSC Dkt. No. 2016-1642
  • In re Graeme, Dep't of Military & Veterans Affairs, CSC Dkt. No. 2014-2641
  • In re Vogt, et al., Jersey City, CSC Docket Nos. 2011-4505 to 2011-4512 (Consolidated) (On Remand)Docket 2011-4505
  • In re Semmon, Dep't of Health, CSC Docket No. 2014-132Docket 2014-132
  • In re Bernadette Pasqua, Dep't of Transp., CSC Docket No. 2014-1808Docket 2014-1808
  • In re Alfonso Renna, Dep't of Children & Families, CSC Docket No. 2014-2492Docket 2014-2492
  • Valluzzi v. Bergen County10 N.J.A.R. 89
Office of Administrative Law initial decisions (2)
  • In re HatcherDocket CSV 2123-06
  • In re ZafainDocket CSV 442-06

Commission decisions citing 4A:3-3.5

15 decisions of the Civil Service Commission since January 16, 2019 cite this section (denied 9, granted 5, held over to a later meeting 1, as the minutes record the outcome). The newest:

All 15 decisions

This rule points to

Elsewhere in Classification