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N.J.A.C. 4A:4-4.4 Limitation on number of times eligible is certified

N.J.A.C. 4A:4-4.4, Limitation on number of times eligible is certified. A non-veteran eligible who has been certified to the same appointing authority from an open competitive list on three occasions and who has been passed over Full text with 2 recorded amendments, 1 citing decision.

Selection and Appointment · Certification From Eligible Lists

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

Pass-overs get counted, and the count is three. A non-veteran eligible who has been certified to the same appointing authority from an open competitive list on three occasions, and passed over in favour of a lower ranked eligible every time, has their name withheld from future certifications to that same appointing authority. Certification to other appointing authorities is untouched by this rule. The employer can ask for that eligible to be recertified, and where it does, the certification is limited to that eligible plus any veteran eligible ranked equal or higher. Promotional lists carry no equivalent limit at all: every eligible on one is certified in order of rank for as long as they remain on the list.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:4-4.4. It is a description of the rule, not the rule itself, and not legal advice.

(a) A non-veteran eligible who has been certified to the same appointing authority from an open competitive list on three occasions and who has been passed over in favor of a lower ranked eligible on each occasion, shall have his or her name withheld from future certification to the same appointing authority. The appointing authority may request that such eligible be recertified, in which case only that eligible and any higher or equal ranking veteran eligible shall be certified. #

(b) All eligibles on a promotional list shall be certified, in order of rank, as long as they remain on the list. #

Amendment history

Rule numbers, effective dates and New Jersey Register citations as published. 2 recorded changes.

  1. date not statedPetition for rulemaking
    32 N.J.R. 4016(b)
  2. date not statedPetition for rulemaking
    33 N.J.R. 588(b)

How this rule has been applied

1 decision has cited N.J.A.C. 4A:4-4.4. 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.

Civil Service Commission final determinations (1)
  • In re Breeden, Fire Investigator (S0146T), Dep't of Cmty. Affairs, CSC Docket No. 2017-39542018 N.J. CSC LEXIS 210Docket 2017-3954

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