NJ Civil Service Navigator

N.J.A.C. 4A:4-7.6 Lateral title change

N.J.A.C. 4A:4-7.6, Lateral title change. A lateral title change is the movement of a permanent employee from his or her permanent title to an equivalent title within the same organizational unit. S Full text with 4 recorded amendments, 11 citing decisions, cited by 3 other rules.

Selection and Appointment · Other Appointments or Employee Movements

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

Whether a sideways move costs you permanent status turns on one test: are the nature of the work and the education and experience requirements of the two titles substantially similar, measured by the same standard layoffs use in 4A:8-2.1. Where they are, permanent status carries over, along with accumulated seniority or service for promotional, layoff and demotional rights and sick and vacation entitlements, and in State service the anniversary date, administrative leave entitlement and rate of compensation as adjusted for workweek, work year and employee relations grouping. Where they are not, you are appointed pending examination and satisfactory completion of a working test period, and failing either restores you to your permanent title unless you have been disqualified for further employment. Having previously held the title permanently during current continuous service waives the examination and aggregates the seniority. In State service the two titles must carry the same class code, movement between variants of a title counts as a lateral title change, and a move from the noncompetitive to the competitive division is a promotion instead.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:4-7.6. It is a description of the rule, not the rule itself, and not legal advice.

(a) A lateral title change is the movement of a permanent employee from his or her permanent title to an equivalent title within the same organizational unit. Such procedures are also applicable to certain transfers under N.J.A.C. 4A:4-7.1. #

1. In State service, a lateral title change may only be made if the titles are assigned the same class code. #

2. Movement between variants of a title shall be considered a lateral title change. #

3. In State service, a lateral title change from the noncompetitive to the competitive division is considered a promotion. See N.J.A.C. 4A:4-2.5(e). #

(b) If the nature of the work, education, and experience requirements of both titles are substantially similar, the employee shall retain his or her permanent status. The determination whether both titles are substantially similar shall be in accordance with N.J.A.C. 4A:8-2.1(a). #

1. The employee shall retain accumulated seniority or service for purposes of determining promotional, layoff, or demotional rights and sick and vacation entitlements. #

2. In State service, the employee's anniversary date, administrative leave entitlement, and rate of compensation on direct movement as adjusted for workweek, work year, and the employee relations grouping, shall be retained. #

(c) If the nature of the work, education, and experience qualifications of both titles are dissimilar, then the employee shall be appointed pending examination, if the new title is in the competitive division, and satisfactory completion of the working test period. An employee who fails the examination or is released at the end of the working test period shall be restored to his or her permanent title, unless disqualified for further employment. #

1. Examination procedures shall be waived, permanent status retained, and aggregate seniority granted, if the employee has previously held the title on a permanent basis during current continuous service. See N.J.A.C. 4A:8-2.4(e). #

2. The employee shall retain accumulated service for purposes of determining sick and vacation leave entitlements. #

3. In State service, the employee's rate of compensation on direct movement as adjusted for workweek, work year, and employee relations grouping, anniversary date, and administrative leave entitlement shall be retained. #

4. A lateral title change pending examination shall not be permitted when either a special reemployment or complete promotional list exists or when an appropriate representative of the Civil Service Commission has received a request to conduct a promotional examination. #

(d) A lateral title change shall require the consent of the employee, the head of the organizational unit, and the approval of the Chairperson or designee, except when the title change results from changes in the Civil Service Commission Classification Plan, reclassification of the employee's position, or a pre-layoff action agreed to by affected negotiations representatives and approved by the Chairperson or designee. #

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.142
    49 N.J.R. 492(a); 49 N.J.R. 2239(a)
  3. AmendedR.2014 d.099
    45 N.J.R. 500(a); 46 N.J.R. 1331(c)
  4. AmendedR.1993 d.270
    25 N.J.R. 1085(b); 25 N.J.R. 2509(a)

How this rule has been applied

11 decisions have cited N.J.A.C. 4A:4-7.6. 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 (11)
  • In re Hiremath, Software Dev. Specialist 3 (PS5440U), Office of Info. Tech., CSC Docket No. 2021-8272022 N.J. CSC LEXIS 323Docket 2021-827
  • In re Hiltz, Office Serv. Mgr., Morris Cnty., CSC Docket No. 2022-10202022 N.J. CSC LEXIS 291Docket 2022-1020
  • In re Carmona, Field Representative Citizens Complaints (PC3119C), Essex Cnty., CSC Docket No. 2022-712021 N.J. CSC LEXIS 367Docket 2022-71
  • In re Gilliard, Assistant Training Supervisor, Cnty. Welfare Agency (PC0084B), Essex Cnty., CSC Docket No. 2021-5952021 N.J. CSC LEXIS 31Docket 2021-595
  • In re Tomaszewski, Burlington Twp. Fire Distr. # 1, CSC Docket No. 2020-18362020 N.J. CSC LEXIS 321Docket 2020-1836
  • In re DeRose, Section Chief Planning, Dep't of Transp., CSC Docket No. 2020-14372020 N.J. CSC LEXIS 45Docket 2020-1437
  • In re Esochaghi, Assistant Planner, Atlantic Cnty., CSC Docket No. 2019-36202019 N.J. CSC LEXIS 1147Docket 2019-3620
  • In re Gibilisco, et al., Dep't of the Treasury, CSC Docket Nos. 2016-3990, et al. (Consolidated)2018 N.J. CSC LEXIS 609Docket 2016-3990
  • In re Pangaldi, Constr. Mgmt. Specialist 3, Dep't of Corrs., CSC Docket No. 2018-21392018 N.J. CSC LEXIS 449Docket 2018-2139
  • In re Orsini, Moorestown Twp. Fire Dist. # 2, CSC Docket No. 2017-20582018 N.J. CSC LEXIS 85Docket 2017-2058
  • In re Rodriguez et al., Supervising Program Support Specialist, Assistance Programs (PS1332K), Dep't of Children & Families, CSC Dkt. Nos. 2017-1878 and 2017-1888 (Consolidated)2017 N.J. CSC LEXIS 191

This rule points to

Rules that point here

Elsewhere in Other Appointments or Employee Movements