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N.J.A.C. 4A:5-2.2 Promotional examinations

N.J.A.C. 4A:5-2.2, Promotional examinations. No distinction shall be made between disabled veterans and veterans in promotional examinations. Both are referred to as veterans in this rule. (b) A list o Full text with 2 recorded amendments, 6 citing decisions, cited by 1 other rule.

Veterans and Disabled Veterans Preference · Use of Preference

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

Promotion works nothing like open competitive hiring, and the difference catches people out. A promotional list is in score order regardless of veterans status, so nobody moves up the list for having served, and disabled veterans and veterans are treated identically for this purpose. Status shows up in two places only. Tied scores put veterans first within the tied rank. And whoever heads the certification decides what the appointing authority may do. If a veteran heads it, a veteran among the top three interested eligibles must be appointed, and a non-veteran may be appointed only where the appointing authority shows cause for removing the veteran from the promotional list under the list removal procedures. If a non-veteran heads it, any reachable eligible may be appointed under the rule of three. Where there is more than one vacancy the test is applied again after each appointment, so a veteran who rises to the top of the shrinking certification must be appointed to the next one.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:5-2.2. It is a description of the rule, not the rule itself, and not legal advice.

(a) No distinction shall be made between disabled veterans and veterans in promotional examinations. Both are referred to as veterans in this rule. #

(b) A list of eligibles who have passed a promotional examination shall appear in the order of their scores regardless of veteran or nonveteran status. However, when scores are tied, the names of veterans shall be listed first within each rank. #

(c) When a single vacancy is to be filled from a promotional certification headed by a veteran, any veteran among the top three interested eligibles may be appointed in accordance with the "rule of three." See N.J.S.A. 11A:4-8. A nonveteran shall not be appointed unless the appointing authority shows cause why the veterans should be removed from the promotional list. See N.J.A.C. 4A:4-4.7 for removal procedures. #

(d) When a single vacancy is to be filled from a promotional certification headed by a nonveteran, any reachable eligible may be appointed in accordance with the "rule of three." See N.J.S.A. 11A:4-8. #

(e) If there is more than one vacancy, and a veteran is ranked first on the certification as a result of the first appointment from the certification, then a veteran must be appointed to the next vacancy. If, as a result of the second appointment, another veteran heads the certification, then a veteran must be appointed to the third vacancy. This process shall be followed for each appointment that is made from the same certification. #

(f) As an example, assume that the following represents the ranked order and status of interested eligibles which appear on promotional certifications for single vacancies: #

1. Veteran 2. Non-Veteran 3. Non-Veteran Veteran must be offered the appointment. #

1. Veteran 2. Non-Veteran 3. Veteran Either (1) or (3) must be offered the appointment. #

1. Non-Veteran 2. Veteran 3. Non-Veteran Either (1), (2) or (3) may be offered the appointment. #

1. Veteran (Tied) 1. Non-Veteran 2. Non-Veteran Veteran must be offered the appointment. #

(g) As another example, assume that the following represents the ranked order and status of eligibles on the same promotional certification from which multiple vacancies must be filled: #

1. Non-Veteran 2. Veteran 3. Veteran 4. Non-Veteran Either (1), (2) or (3) may be offered the first appointment. If the non-veteran is appointed to the first vacancy, a veteran, initially ranked (2) on the promotional certification, would now be ranked (1). Another veteran, initially ranked (3) on the promotional certification, would be ranked (2). The certification now appears as follows: #

1. Veteran 2. Veteran 3. Non-Veteran Either (1) or (2) may be appointed to the second vacancy, but (3) may not be appointed. #

Amendment history

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

  1. AmendedR.2003 d.113
    34 N.J.R. 3571(a); 35 N.J.R. 1407(c)
  2. date not statedAdministrative correction
    23 N.J.R. 2500(c)

How this rule has been applied

6 decisions have cited N.J.A.C. 4A:5-2.2. 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.

New Jersey Supreme Court (1)
  • Ballou v. State Department of Civil Service75 N.J. 365; 382 A.2d 11181978
Civil Service Commission final determinations (4)
  • In re Davis, Deputy Fire Chief (PM1696S), East Orange, CSC Docket No. 2018-2693Docket 2018-2693
  • In the Matter of Andrew Triandafilou. In re Gabler, Librarian 1, Ocean Cnty. Library and Librarian 1, Trenton Library, CSC Docket Nos. 2018-210 and 2018-211 (Consolidated)Docket 2018-210 and 2018-211
  • In re Potter, Jr. Program Specialist Trainee, Dep't of Children & Families, CSC Docket No. 2016-1214Docket 2016-1214
  • In re Brian Seminerio, Police Sergeant (PM2726L), Borough of Pompton Lakes, CSC Dkt. No. 2012-2848
Office of Administrative Law initial decisions (1)
  • Rule of Three. In re Alemany et al., Fire Captain (PM1051V), Paterson, OAL Docket No. CSV 13150-18 (Consolidated)

Commission decisions citing 4A:5-2.2

13 decisions of the Civil Service Commission since January 16, 2019 cite this section (denied 10, granted 1, referred for further review 1, as the minutes record the outcome). The newest:

All 13 decisions

This rule points to

Rules that point here

Elsewhere in Use of Preference