N.J.A.C. 4A:4-7.7 Appeals
N.J.A.C. 4A:4-7.7, Appeals. Transfers, reassignments or lateral title changes shall not be utilized as part of a disciplinary action, except when disciplinary procedures have been utilized Full text with 9 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
Two sentences, and the second one is the sting. The first says a transfer, a reassignment or a lateral title change may not be used as part of a disciplinary action except where disciplinary procedures have actually been used, which is the rule against moving somebody as punishment without charging them. The second says that when an employee challenges the good faith of a transfer, a reassignment or a lateral title change, the burden of proof is on the employee. The employer does not have to justify the move; the employee has to establish bad faith.
Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:4-7.7. It is a description of the rule, not the rule itself, and not legal advice.
Transfers, reassignments or lateral title changes shall not be utilized as part of a disciplinary action, except when disciplinary procedures have been utilized. When an employee challenges the good faith of a transfer, reassignment or lateral title change, the burden of proof shall be on the employee.
How this rule has been applied
9 decisions have cited N.J.A.C. 4A:4-7.7. 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.
Civil Service Commission final determinations (9)
- In re Gaffney, Div. of Developmental Disabilities, CSC Docket Nos. 2024-2520Docket 2024-2520
- In re Negron, Hudson Cnty. Sheriff's Office, CSC Docket No. 2020-2235Docket 2020-2235
- In re P.T., Dep't of Human Serv., CSC Docket No. 2022-200Docket 2022-200
- Supervisor. In re Wright, City of Newark, CSC Docket No. 2021-106Docket 2021-106
- In re T.M., Dep't of Educ., CSC Docket No. 2019-1956Docket 2019-1956
- In re C.G, Dep't of Transp., CSC Docket No. 2015-3130Docket 2015-3130
- In re S.B., State Parole Bd., CSC Dkt. Nos. 2013-383
- In re White, Div. of Rate Counsel, Dep't of the Treas., CSC Docket No. 2013-2286Docket 2013-2286
- In re Pitchell, Dep't of Env't Prot., CSC Docket No. 2013-649Docket 2013-649
Commission decisions citing 4A:4-7.7
14 decisions of the Civil Service Commission since January 16, 2019 cite this section (denied 12, referred for further review 1, ordered 1, as the minutes record the outcome). The newest:
- In the Matter of Michael Negron, Hudson County Sheriff’s Office CSC Docket No. 2024-2357 · April 29, 2026 · Reassignment, salary or separation · Denied
- In the Matters of Lydia Rosario and Jennifer Hirschmanner, Paterson CSC Docket No. 2025-1640 · July 23, 2025 · Reassignment, salary or separation · Referred for further review
- In the Matter of Suzanne Gaffney, Division of Developmental Disabilities CSC Docket No. 2024-2520 · February 26, 2025 · Discipline · Denied
- In the Matter of Kevin McClone, Stockton University CSC Docket No. 2025-8 · February 5, 2025 · Reassignment, salary or separation · Denied
- In the Matter of J.H., Department of Corrections CSC Docket No. 2024-114 · January 15, 2025 · Reassignment, salary or separation · Denied
Rules that point here
Elsewhere in Other Appointments or Employee Movements
- 4A:4-7.1 Transfers within the same governmental jurisdiction
- 4A:4-7.1A Intergovernmental transfers
- 4A:4-7.2 Reassignments
- 4A:4-7.3 Relocation assistance: State service
- 4A:4-7.4 Retention of rights
- 4A:4-7.5 Transfer during a working test period
- 4A:4-7.6 Lateral title change
- 4A:4-7.8 Voluntary demotion
- 4A:4-7.9 Resignation/new appointment
- 4A:4-7.10 Regular reemployment
- 4A:4-7.11 Transfer or combining of functions
- 4A:4-7.12 Reinstatement following disability retirement