NJ Civil Service Navigator

N.J.A.C. 4A:4-6.5 Medical and/or psychological disqualification appeals

N.J.A.C. 4A:4-6.5, Medical and/or psychological disqualification appeals. An appointing authority may request that an eligible's name be removed from an eligible list due to disqualification for medical or psychological reasons wh Full text with 6 recorded amendments, 35 citing decisions, cited by 3

Selection and Appointment · Examination and Selection Disqualification and Appeals

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

This is the one examination appeal where the appointing authority carries the burden of proof rather than the candidate. It has to support a removal request with a report and recommendation signed by a physician, psychologist or psychiatrist licensed in New Jersey or qualified and employed in the Clinical Psychologist title series, and it pays for any examination it orders. Under the Americans with Disabilities Act it may only require the examination after an offer of employment and before appointment, and only where every eligible offered the job is examined, with the results kept as a confidential medical record on separate forms. Once Commission staff give notice of disqualification there are 20 days to appeal, and no appeal means the name comes off the list. The deadlines then run both ways: the appointing authority has 20 days to hand over all the background and every report behind the request, and missing that can get the removal request denied and the name kept on the list. The appellant has 90 calendar days to submit a report from a professional of their own choosing.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:4-6.5. It is a description of the rule, not the rule itself, and not legal advice.

(a) An appointing authority may request that an eligible's name be removed from an eligible list due to disqualification for medical or psychological reasons which would preclude the eligible from effectively performing the duties of the title. #

1. The appointing authority shall furnish to appropriate Civil Service Commission staff a copy of the certification and a report and recommendation supporting the removal request, prepared and signed by a physician, psychologist, or psychiatrist who is licensed in New Jersey or qualified and employed by the appointing authority in the Clinical Psychologist title series. #

2. The appointing authority submission shall include a finding that the eligible is not qualified due to medical or psychological reasons for the title. A removal request may be denied where such professional report and recommendation is not provided. See (f) below for report requirements. #

3. All medical, psychiatric, and psychological examinations performed at the appointing authority's request shall be at the appointing authority's expense. #

(b) In accordance with the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq., an appointing authority may only require a medical and/or psychological examination after an offer of employment has been made and prior to appointment, and may condition the offer of employment on the results of such examinations, if: #

1. All eligibles for the title, to whom an offer of employment is made, are subjected to such examinations; #

2. Information obtained pursuant to this section regarding the medical condition or history of an employee shall be collected and maintained on separate forms and in separate medical files and treated as a confidential medical record, except that: #

i. Such information shall be available to appropriate appointing authority and Civil Service Commission representatives in connection with inquiries into the ability of an applicant to perform essential job functions; #

ii. Supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations; #

iii. Authorized first aid and safety personnel may be informed, when appropriate, if the condition might require emergency treatment, or if any specific procedures are needed in the case of fire or other evacuation; and #

iv. Government officials investigating compliance with the Americans with Disabilities Act, or any other Federal or State law prohibiting discrimination on the basis of disability or handicap, shall be provided relevant information on request; and #

3. The results of such examinations are used only in accordance with the Americans with Disabilities Act. #

(c) Upon receipt of satisfactory documentation, appropriate Civil Service Commission staff shall notify the eligible that: #

1. He or she has been disqualified for appointment; #

2. He or she may file an appeal with the Civil Service Commission within 20 days of such notification; #

3. If no appeal is received within the specified time, his or her name will be removed from the eligible list; and #

4. If the eligible does file an appeal, an opportunity will be provided to submit a report from a physician, psychologist or psychiatrist of his or her own choosing. #

(d) Upon receipt of a notice of an eligible's appeal, the appointing authority shall submit to the Civil Service Commission, within 20 days, all background information, including any investigations and all complete medical, psychological, and/or psychiatric reports that were the basis for the removal request. #

1. The appointing authority shall also furnish to the appellant's attorney or to a New Jersey licensed psychologist or psychiatrist of the appellant's choice upon request all of the information supplied to the Civil Service Commission. #

2. Any appointing authority failing to submit the required materials within the specified time may have its request for removal denied, and the eligible's name may be retained on the eligible list. #

(e) The appellant may submit to the Civil Service Commission a report from a New Jersey licensed physician, psychologist, or psychiatrist of his or her own choosing, which must be submitted within 90 calendar days of the filing of his or her appeal to the Civil Service Commission. The appellant shall furnish the appointing authority with copies of all submissions to the Civil Service Commission. See (f) below for report requirements. #

(f) The Civil Service Commission may extend the time period for filing the required reports for good cause. Professional reports submitted by either of the parties shall include the following: #

1. The professional's signature, type of license (including the type of license or educational degree of any person contributing to the report), address, and the date; #

2. The length of the examination or interview; #

3. A specific diagnosis or statement of behavioral pattern or the specific reasons for a recommendation; #

4. A finding as to the qualifications of the appellant for effective performance of the duties of the title; and #

5. All tests that have been administered (for example, EKG, EEK, X-ray, M.M.P.I., Rorschach and T.A.T.) and all raw data, protocols, computer printouts and profiles from these tests. #

(g) The Civil Service Commission shall either conduct a written record review of the appeal or submit psychological appeals to the New Jersey Personnel Medical Review Panel (Review Panel), and medical appeals to the New Jersey Personnel Medical Examiners Panel (Examiners Panel). The Panels are composed of professionals in the medical or psychological field. Either Panel may request additional psychological or medical reports, examinations, or other materials. #

1. When submitted to the Review Panel or Examiners Panel, the appellant or the appointing authority may request the opportunity to appear before the Panel. Such request must be made within 10 days from receipt of notice that the appeal has been submitted to a Panel. #

2. If no appearance is requested, the appeal will be reviewed by the Panel upon the written record. #

3. The Panel shall prepare a written report and recommendation for the Civil Service Commission. #

i. The appellant and appointing authority shall be provided with copies of the report and recommendation. #

ii. Both parties may file written exceptions with the Civil Service Commission within 10 days of receipt of the report and cross-exceptions within five days. #

4. In appropriate cases, the Civil Service Commission may refer an appellant for an independent professional evaluation. #

5. The Civil Service Commission may assess costs and penalties against a party when the inadequacy of a professional report necessitates an independent professional evaluation, when a party causes unnecessary delay in the review process, or for other substantial violation of these rules. #

(h) The Civil Service Commission shall review the appeal, including the written report and exceptions, if any, and render a written final decision. #

Amendment history

Rule numbers, effective dates and New Jersey Register citations as published. 6 recorded changes.

  1. AmendedR.2017 d.142
    49 N.J.R. 492(a); 49 N.J.R. 2239(a); 52 N.J.R. 971(a)
  2. AmendedR.2006 d.104
    37 N.J.R. 4351(a); 38 N.J.R. 1425(a)
  3. AmendedR.1993 d.270
    25 N.J.R. 1085(b); 25 N.J.R. 2509(a)
  4. AmendedR.1993 d.46
    24 N.J.R. 3596(a); 25 N.J.R. 292(a)
  5. AmendedR.1990 d.346
    22 N.J.R. 1300(a); 22 N.J.R. 2143(a)
  6. Repealed and replacedR.1989 d.569
    21 N.J.R. 1766(a); 21 N.J.R. 3448(b)

How this rule has been applied

35 decisions have cited N.J.A.C. 4A:4-6.5. The list below is citations to those decisions, not the decisions. The summary above is ours, written from the opinion after reading it. Nothing here is legal advice.

Decisions we have read

Matter of Vey124 N.J. 534, July 11, 1991

A candidate for police officer was taken off the eligible list after a psychological evaluation graded her below average and described her as bold and suspicious. The Supreme Court sent the case back because nothing in the record tied those traits to how she would actually do the job. The test the agency applies is unfitness to serve, not failure to be the strongest applicant on the list, and where a trait is treated as disqualifying there has to be evidence that it genuinely predicts performance. Anyone knocked off a list on psychological grounds is owed findings that make that connection rather than a list of adjectives.

Read the opinion (free, via CourtListener). Summary written from the decision, checked July 26, 2026.

New Jersey Supreme Court (2)
  • In re Vey135 N.J. 306; 639 A.2d 718; 1994 N.J. LEXIS 1781994
  • Matter of Vey124 N.J. 534; 591 A.2d 13331991
Civil Service Commission final determinations (31)
  • In re F.T., Police Officer (M0029D), Clifton, CSC Docket Nos. 2024-19862025 N.J. CSC LEXIS 7Docket 2024-1986
  • In re T.T., Fire Fighter (M1873W), CSC Docket Nos. 2023-2197 and 2024-16262024 N.J. CSC LEXIS 251Docket 2023-2197 and 2024-1626
  • In re A.C., Police Officer (M0152D), Teaneck, CSC Docket No. 2023-17402024 N.J. CSC LEXIS 184Docket 2023-1740
  • In re T.T., Fire Fighter (M1873W), Teaneck, CSC Docket No. 2023-21972024 N.J. CSC LEXIS 131Docket 2023-2197
  • In re C.F., Police Officer (S9999A), Florence Twp., CSC Docket No. 2022-20052024 N.J. CSC LEXIS 4Docket 2022-2005
  • In re N.S., Fire Fighter (M1848W), City of Linden, CSC Docket No. 2021-4632021 N.J. CSC LEXIS 487Docket 2021-463
  • In re A.M.D., Fire Fighter (M1863W), City of Paterson, CSC Docket No. 2021-17412021 N.J. CSC LEXIS 465Docket 2021-1741
  • In re J.H., Corr. Police Officer (S9988A), Dep't of Corr., CSC Docket No. 2021-1022021 N.J. CSC LEXIS 419Docket 2021-102
  • In re Jenkins, Fire Fighter (M1874W), Trenton, CSC Docket No. 2021-14032021 N.J. CSC LEXIS 251Docket 2021-1403
  • In re X.D., Corr. Police Officer (S9988V), Dep't of Corrs., CSC Docket No. 2019-33082021 N.J. CSC LEXIS 125Docket 2019-3308
  • In re T.D.E., Fire Fighter (M1844W), City of Jersey City, CSC Docket No. 2020-15322021 N.J. CSC LEXIS 4Docket 2020-1532
  • In re J.D., Police Officer (S9999U), City of Bayonne, CSC Docket No. 2020-19992020 N.J. CSC LEXIS 1027Docket 2020-1999
  • In re H.B. et al., Police Officer (S9999U), Jersey City, CSC Docket Nos. 2019-1656 and 2019-1657 (Consolidated)2020 N.J. CSC LEXIS 192Docket 2019-1656 and 2019-1657
  • In re J.M, Cnty. Corr. Officer (S9999U), Morris Cnty., CSC Docket No. 2018-24022020 N.J. CSC LEXIS 162Docket 2018-2402
  • In re D.O., Fire Fighter (M1557T), N. Hudson Fire & Rescue, CSC Docket No. 2019-8942019 N.J. CSC LEXIS 645Docket 2019-894
  • In re L.L., Corr. Officer Recruit (S9988U), Dep't of Corrs., CSC Docket No. 2019-32402019 N.J. CSC LEXIS 614Docket 2019-3240
  • In re F.B., Police Officer (S9999U), City of Newark, CSC Docket No. 2018-34182019 N.J. CSC LEXIS 401Docket 2018-3418
  • In RE E.R., Fire Fighter (M2554M), City of Newark, CSC Docket No. 2017-34022019 N.J. CSC LEXIS 370Docket 2017-3402
  • In re A.T.B., Police Officer (S9999U), City of Newark, CSC Docket No. 2018-36252019 N.J. CSC LEXIS 327Docket 2018-3625
  • In re D.F., Police Officer (S9999U), Twp. of Bloomfield2019 N.J. CSC LEXIS 182
  • In re L.L., Dep't of Corrs., CSC Docket No. 2018-19232019 N.J. CSC LEXIS 136Docket 2018-1923
  • In re S.P., Corr. Officer Recruit (S9988U), Dep't of Corrs., CSC Docket No. 2018-13022019 N.J. CSC LEXIS 69Docket 2018-1302
  • In re J.M., Police Officer (S9999R), Ocean City, CSC Docket No. 2017-19702018 N.J. CSC LEXIS 628Docket 2017-1970
  • In re K.W., Corr. Officer Recruit (S9988T), Dep't of Corrs., CSC Docket No. 2017-29182018 N.J. CSC LEXIS 486Docket 2017-2918
  • In re H.P., Police Officer (S9999U), City of Margate, CSC Docket No. 2018-27972018 N.J. CSC LEXIS 433Docket 2018-2797
  • In re N.H., Sheriff's Officer (S9999R), Hudson Cnty., CSC Docket No. 2017-22212018 N.J. CSC LEXIS 56Docket 2017-2221
  • In re S.C. and D.B., Cnty. Corr. Officer (S9999R), Essex Cnty., CSC Docket Nos. 2017-2038 and 2017-20732018 N.J. CSC LEXIS 53Docket 2017-2038 and 2017-2073
  • In re J.S., Police Officer (S9999R), Marlboro Twp., CSC Docket No. 2016-15242018 N.J. CSC LEXIS 51Docket 2016-1524
  • In re R. S., Admissions & Records Officer (C0281T), Essex Cnty., CSC Docket No. 2016-36862017 N.J. CSC LEXIS 659Docket 2016-3686
  • In re Walcott, et. al., Cnty. Corr. Officer (S9999R), Essex Cnty., CSC Docket Nos. 2016-37082017 N.J. CSC LEXIS 241Docket 2016-3708
  • Cooper v. Department of Community Affairs96 N.J.A.R.2d (CSV) 255
Office of Administrative Law initial decisions (2)
  • In re Hilbert, William Paterson Univ.2016 N.J. AGEN LEXIS 345Docket CSR 00863-14
  • In re Powell, City of Paterson Fire Dep't2015 N.J. AGEN LEXIS 598Docket CSR 03689-15

Rules that point here

Elsewhere in Examination and Selection Disqualification and Appeals