N.J.A.C. 4A:4-5.5 Restoration to eligible list or former title
N.J.A.C. 4A:4-5.5, Restoration to eligible list or former title. An employee who, either during or at the end of a working test period, resigns in good standing or is separated due to unsatisfactory performance may, upon Full text with 3 recorded amendments, 3 citing decisions.
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
Losing a working test period does not have to mean losing the list. An employee who resigns in good standing, or is separated for unsatisfactory performance, may ask to be put back on an eligible list, and the Chairperson or designee restores them if they are suitable for appointment to another position. What gets weighed is whether the list can be certified to a different appointing authority, what the former appointing authority recommends, and anything else relevant. Two hard limits. Anybody removed for disciplinary reasons is not restored at all, which is a real distinction between being let go for performance and being disciplined out. And if you have appealed under 4A:2-4, the restoration request waits until the appeal is decided rather than running alongside it.
Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:4-5.5. It is a description of the rule, not the rule itself, and not legal advice.
(a) An employee who, either during or at the end of a working test period, resigns in good standing or is separated due to unsatisfactory performance may, upon request, be restored to an eligible list, if the Chairperson or designee determines that the employee is suitable for appointment to another position. #
1. The Chairperson or designee may consider: #
i. Whether the list can be certified to another appointing authority; #
ii. The recommendation of the employee's former appointing authority; and #
iii. Any other relevant factors. #
2. Any employee who has been removed for disciplinary reasons shall not be restored to an eligible list. #
3. Any employee who has filed an appeal pursuant to N.J.A.C. 4A:2-4 shall have his or her request for restoration held in abeyance pending the appeal. #
(b) An employee who is laid off during the working test period shall be restored to the eligible list from which he or she was appointed. #
(c) A permanent employee serving a working test period in another title shall continue to accrue seniority in his or her permanent title for the duration of the working test period. See N.J.A.C. 4A:4-1.9 for procedures on restoration to a former title. #
Amendment history
Rule numbers, effective dates and New Jersey Register citations as published. 3 recorded changes.
- AmendedR.2017 d.14249 N.J.R. 492(a); 49 N.J.R. 2239(a)
- AmendedR.1990 d.55322 N.J.R. 2629(a); 22 N.J.R. 3482(b)
- AmendedR.1989 d.57021 N.J.R. 2429(a); 21 N.J.R. 3451(a)
How this rule has been applied
3 decisions have cited N.J.A.C. 4A:4-5.5. 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.
Civil Service Commission final determinations (3)
- In re Watts, Police Officer (S9999U), Pennsauken Twp., CSC Docket No. 2019-32972019 N.J. CSC LEXIS 528Docket 2019-3297
- In re Senica, Human Servs. Specialist 2 (PC1878U), Ocean Cnty., CSC Docket No. 2018-7422018 N.J. CSC LEXIS 504Docket 2018-742
- In re Anthony Woods, The College of New Jersey, CSC Dkt. No. 2012-33352013 N.J. CSC LEXIS 239