N.J.A.C. 4A:4-3.7 Priority of eligible lists
N.J.A.C. 4A:4-3.7, Priority of eligible lists. When there is more than one current eligible list for a title, the priority of the lists shall be as follows: 1. Special reemployment, when the available po Full text with 5 recorded amendments, 5 citing decisions, cited by 1 other rule.
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
Where more than one current list exists for a title, the order is fixed, and special reemployment appears in it twice. First is special reemployment where the available position is in the department or autonomous agency the eligible was laid off, laterally displaced or demoted in lieu of layoff from. Then promotional. Then special reemployment where the position is anywhere else. Then regular reemployment together with police, sheriff's officer and fire reemployment. Open competitive is last. Two things sit above the whole order except a special reemployment list: reinstatement of a permanent employee following disability retirement, and reemployment of certain law enforcement officers and firefighters under 4A:4-3.9 and 4A:4-3.10. An existing open competitive or promotional list does not bar an intergovernmental transfer into that jurisdiction. Autonomous agency has a defined meaning here: in local service a body corporate with the powers of an appointing authority by statute, and in State service one that is by law in but not under the supervision of a principal department.
Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:4-3.7. It is a description of the rule, not the rule itself, and not legal advice.
(a) When there is more than one current eligible list for a title, the priority of the lists shall be as follows: #
1. Special reemployment, when the available position/title is in the department or autonomous agency from which the eligible was laid off, laterally displaced or demoted in lieu of layoff; #
2. Promotional; #
3. Special reemployment, when the available position/title is located in a department or autonomous agency other than that from which the eligible was laid off, laterally displaced or demoted in lieu of layoff; #
4. Regular reemployment, police, sheriff's officer, or fire reemployment; and #
5. Open competitive. #
(b) Reinstatement of a permanent employee following disability retirement shall have priority over appointment from any eligible list, except a special reemployment list. See N.J.A.C. 4A:4-7.12. #
(c) The existence of an open competitive or promotional list in a jurisdiction receiving an employee in an intergovernmental transfer in accordance with N.J.A.C. 4A:4-7.1A shall not be a bar to such transfer. #
(d) Reemployment of certain law enforcement officers and firefighters pursuant to the provisions of N.J.A.C. 4A:4-3.9 and 4A:4-3.10 shall have priority over appointment from any eligible list, except a special reemployment list. #
(e) For purposes of this section, an autonomous agency in local service is one which, by statute, is a body corporate and has the powers of an appointing authority. In State service, an autonomous agency is one which, by law, is in but not under the supervision of a principal department. #
Amendment history
Rule numbers, effective dates and New Jersey Register citations as published. 5 recorded changes.
- AmendedR.2017 d.14249 N.J.R. 492(a); 49 N.J.R. 2239(a)
- AmendedR.2001 d.42033 N.J.R. 2567(a); 33 N.J.R. 3895(b)
- AmendedR.1996 d.47128 N.J.R. 3208(a); 28 N.J.R. 4423(a)
- AmendedR.1993 d.27025 N.J.R. 1085(b); 25 N.J.R. 2509(a)
- AmendedR.1992 d.33824 N.J.R. 2107(a); 24 N.J.R. 3091(b)
How this rule has been applied
5 decisions have cited N.J.A.C. 4A:4-3.7. 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)
- Klawitter v. City of Trenton395 N.J. Super. 302; 928 A.2d 900
Civil Service Commission final determinations (4)
- In re Farrell, Supervising Classification Officer, Dep't of Corrs., CSC Docket No. 2019-1142Docket 2019-1142
- In re Ahmad, et al., Montclair State Univ., CSC Docket Nos. 2019-994, et al. (Consolidated)Docket 2019-994
- In re Caruso, Admin. Analyst 4, Fiscal Mgmt., Dep't of Law & Pub. Safety, CSC Dkt. No. 2015-829
- In re Computer Serv. Technician (C0562M), Middlesex Cnty., CSC Docket No. 2013-2299Docket 2013-2299cites (e)
Commission decisions citing 4A:4-3.7
5 decisions of the Civil Service Commission since January 16, 2019 cite this section (denied 3, granted in part 2, as the minutes record the outcome). The newest:
- In the Matter of Jeana Abuan, Assistant Business Administrator (PM4185D), Jersey City CSC Docket No. 2024-2297 · November 27, 2024 · Bypass on a certification · Denied
- In the Matters of Douglas Tamase, Crew Supervisor Building Maintenance Programs, Department of Corrections CSC Docket No. 2022-797 · June 15, 2022 · Denied
- In the Matter of S.L., City of Wildwood CSC Docket No. 2021-655 · August 4, 2021 · Petition for interim relief or a stay · Denied
- In the Matter of Megan Farrell, Supervising Classification Officer, Department of Corrections CSC Docket No. 2019-1142 · July 31, 2019 · Certification or appointment · Granted in part
- In the Matters of Kausar Ahmad, et al., Montclair State University CSC Docket No. 2019-994 · February 6, 2019 · Certification or appointment · Granted in part
This rule points to
- 4A:4-3.10 Procedures for reemployment program for certain law enforcement officers and firefighters
- 4A:4-3.9 Reemployment program for certain law enforcement officers and firefighters
- 4A:4-7.12 Reinstatement following disability retirement
- 4A:4-7.1A Intergovernmental transfers
Rules that point here
Elsewhere in Eligible Lists
- 4A:4-3.1 Types of eligible lists
- 4A:4-3.2 Order of names on eligible lists
- 4A:4-3.3 Duration and cancellation of eligible lists
- 4A:4-3.4 Revival of eligible lists
- 4A:4-3.5 Consolidation of eligible lists
- 4A:4-3.6 Additions to eligible lists
- 4A:4-3.8 Correction of errors
- 4A:4-3.9 Reemployment program for certain law enforcement officers and firefighters
- 4A:4-3.10 Procedures for reemployment program for certain law enforcement officers and firefighters