N.J.A.C. 4A:8-2.6 Appeals
N.J.A.C. 4A:8-2.6, Appeals. Permanent employees and employees in their working test period may file the following types of appeals: 1. Good faith appeals, based on a claim that the app Full text with 1 recorded amendment, 55 citing decisions, cited by 2 other rules.
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 different appeals, with two different standards, and the one you pick decides whether you get a hearing. A good faith appeal claims the layoff or the demotion in lieu of layoff happened for reasons other than economy, efficiency or something related to those. It goes to a hearing and a final administrative determination by the Commission. A determination of rights appeal claims your layoff rights or your seniority were worked out or applied incorrectly. That one is decided on the written record alone, with no hearing. You can bring both. Permanent employees and employees in their working test period may file either, and both must be filed within 20 days of receiving the final notice.
Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:8-2.6. It is a description of the rule, not the rule itself, and not legal advice.
(a) Permanent employees and employees in their working test period may file the following types of appeals: #
1. Good faith appeals, based on a claim that the appointing authority laid off or demoted the employee in lieu of layoff for reasons other than economy, efficiency, or other related reasons. Such appeals shall be subject to hearing and final administrative determination by the Civil Service Commission (see N.J.A.C. 4A:2-2.9); and/or #
2. Determination of rights appeals, based on a claim that an employee's layoff rights or seniority were determined and/or applied incorrectly. Such appeals shall be subject to a review of the written record by the Civil Service Commission (see N.J.A.C. 4A:2-1.1(d)). #
(b) Good faith and determination of rights appeals shall be filed within 20 days of receipt of the final notice of status required by N.J.A.C. 4A:8-1.6(f). Appeals must specify what determination is being appealed, the reason(s) for the appeal, and the relief requested. Appeals not specifying the required information may be dismissed after notice of and a reasonable opportunity to provide the missing information. #
(c) The burden of proof is on the appellant. #
Which layoff appeal fits your problem
There are two layoff appeals, and they ask different questions. A good faith appeal says the employer laid you off, or demoted you in lieu of layoff, for some reason other than economy, efficiency or a related reason. A determination of rights appeal says your layoff rights or your seniority were worked out or applied wrongly. You can file either one or both. Each is open to permanent employees and to employees serving a working test period.
They are decided differently. A good faith appeal gets a hearing and a final determination by the Commission. A determination of rights appeal is reviewed on the written record, which means the papers you file carry the case. In both, the burden of proof is on you.
The deadline is the same for both: 20 calendar days from receiving the final notice of status, the document issued after the Commission has determined layoff rights. It is not counted from the first layoff notice. A good faith appeal carries the $20 processing fee that applies to Commission appeals, paid by check or money order with the appeal; a determination of rights appeal is exempt. An appeal that arrives without a required fee is not processed unless the fee, or proof of an exemption, comes in by the date the Commission sets in a written notice. The fee is waived for an appellant with established veterans preference or one receiving General Assistance, Work First New Jersey benefits or Supplemental Security Income. The appeal has to say what determination you are appealing, why, and what relief you want; one that leaves those out can be dismissed after you are given notice and a reasonable chance to supply them. All Commission appeals are in writing and signed, and you may be represented by an attorney or an authorized union representative.
Most determination of rights questions come down to the seniority rules and the order of displacement. Seniority deducts suspensions, some unpaid leaves and time on layoff, but not paid leave, voluntary furloughs or listed leaves such as military and family leave, and the deductions reach back only to periods beginning on or after March 1, 1987 in State service and July 1, 1988 in local service. Rights land on positions in a fixed order, from vacancies through provisionals and probationers to the least senior permanent employee. A wrong date or a missed comparable title on your final notice is the kind of error this appeal exists to correct.
Written by the NJ Civil Service Navigator editorial team. Every statement here traces to the rules cited on this page. It is not legal advice, and a collective agreement may change how these rules apply to you.
Amendment history
Rule numbers, effective dates and New Jersey Register citations as published. 1 recorded change.
- AmendedR.2016 d.17448 N.J.R. 12(a); 48 N.J.R. 2780(a)
How this rule has been applied
55 decisions have cited N.J.A.C. 4A:8-2.6. 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.
New Jersey Supreme Court (1)
- Henry v. Rahway State Prison81 N.J. 571; 410 A.2d 6861980
Appellate Division (3)
- , No. A-2606-06T2
- , Nos. A-1162-06T2, A-4513-06T2
- , No. A-1994-05T3
Superior Court (1)
- In re Tukes2017
Civil Service Commission final determinations (29)
- In re Stubbs, Jr., Juvenile Detention Officer (Special), Cumberland Cnty., CSC Docket No. 2021-439Docket 2021-439
- In re Alberto, et al. Bergen Cnty. Sheriff's OfficeDocket CSV 14062-17
- In re Union Cnty. Layoff, CSC Docket Nos. 2021-1676 and 2021-1831 (Consolidated)Docket 2021-1676 and 2021-1831
- In re Boeren, et al., Sussex Cnty. Sheriff's Office, CSC Docket Nos. 2020-1321, et al. (Consolidated)Docket 2020-1321
- In re IFPTE, Local 195 (Amaya, et al.) v. Kean Univ., CSC Docket No. 2017-3930Docket 2017-3930
- In re Hart, Newark, CSC Docket No. 2015-3056Docket 2015-3056
- In re Mulcahy, et al., City of Bayonne, CSC Docket Nos. 2016-819, et al. (Consolidated)Docket 2016-819
- In re Gregory-Hunt, City of Paterson, Dep't of Cmty. Dev., CSC DKT. NO. 2016-2372
- In re Khadkikar, Dep't of Human Servs., CSC Docket No. 2015-2843Docket 2015-2843
- In re Batra Morris Cnty., Dep't of Admin., CSC DKT. NO. 2015-1926
- In re Santiago, City of Plainfield, CSC Docket No. 2008-3461Docket 2008-3461
- In re Serv. Employees Internat'l Union, Local 617, Newark Sch. Dist., CSC Docket No. 2013-3453Docket 2013-3453
- In re Shantah Ferguson and Christina Hammond, Newark Sch. Dist., CSC Docket No. 2014-397 and 2014-398 (Consolidated)Docket 2014-397 and 2014-398
- In re Newark Teachers' Union, Local 481, Newark Sch. Dist., CSC Docket No. 2013-3454Docket 2013-3454
- In re Mingo, Newark Sch. Dist., CSC Docket No. 2014-791Docket 2014-791
- In re Bertoldi, Twp. of West Orange, Police Dep't.Docket CSV 04882-11
- In re Dep't of Admin. And Fin., Trenton, Layoffs (Tywana L. Smith and DuEwa Edwards-Dickson), OAL Docket No. CSV 876-11cites (a)1
- In re Murray, et al., City of Jersey City Layoffs, CSC DKT. NO. 2011-4941Docket CSV 7877-11cites (c)
- In re Barnes-Williams, Newark Sch. Dist., CSC Dkt. No. 2013-1072cites (a)2
- In re Concepcion, et al., Newark Sch. Dist., CSC Docket No. 2013-693Docket 2013-693
- In re Beaton, et al., Newark Sch. Dist., CSC Docket No. 2013-691Docket 2013-691
- In re Umar Salahuddin et al., Atlantic CityDocket CSV 6737-10cites (a)1
- In re Robert MacReady, Curtis Williams, Joyce Mollineaux, Owen C. Ingenito, and Neil Anderson, et al v. City of Atlantic Citycites (a)
- In re Sharon DelValle, Union County, CSC Dkt. No. 2012-3689cites (a)2
- In re Albert Franchetta, Vineland Sch. Distr., CSC Docket No. 2012-2696Docket 2012-2696
- In re Passaic County Civilian Employees 2008 LayoffsDocket CSV 1151-09
- In re Water & Wastewater Util. Employee Layoff, Perth Amboy, OAL Docket No. CSV 1164-09, CSC Docket No. 2010-424Docket 2010-424cites (a)2
- Tyler, et al. v. City of Paterson2 N.J.A.R. 272; 1 N.J.A.R. 11979
- Granger, et al. v. Department of Buildings and Grounds96 N.J.A.R.2d (CSV) 90
Office of Administrative Law initial decisions (20)
- In re Michael Mulcahy, et al., City of Bayonne, OAL Docket No. CSV 13798-15
- In re Gregory-Hunt, City of Paterson, Dep't of Cmty. Dev.Docket CSV 01736-16
- Docket CSV 04096-11
- In re Norcross, Twp. of Winslow, Dep't of Pub. SafetyDocket CSV 6343-14
- In re Batra, Morris Cty. Dep't of Admin.Docket CSV 00532-15
- In re Alicea-Lopez, et al., v. PatersonDocket CSV 9882-11
- In re Dep't of Admin. & Fin., Trenton, Layoffs (Tywana L. Smith and DuEwa Edwards-Dickson), OAL Docket No. CSV 876-11
- In re Hendrickson, Jr., et al, Vernon Twp., Dep't of Public SafetyDocket CSV 4683-13cites (c)
- In re City of Trenton Layoffs, Dep't of Admin. & Fin.Docket CSV 876-11cites (a)
- In re Bal, Bloomfield Public Library, OAL Docket No. CSV 2142-12
- Atlantic City Layoffs 2010 - (Supervisors) v. City of Atlantic CityDocket CSV 6737-10cites (a)
- In re Atlantic City Layoffs 2010, Robert Macready, and In re Atlantic City Layoffs 2010, Dep't. of Licensing and Inspections, Joyce Mollineaux, and In re Atlantic City Layoffs, Dep't. of Public Safety, and In re Atlantic City Layoffs, Dep't of Public Safety, Owen C. Ingenitocites (a)
- In re Bloomfield Public Library Layoff - 2011 Barinderjit K. BalDocket CSV 02142-12cites (a)1
- In Re Harrison Police Dep'tDocket CSV 05047-10cites (c)
- In re Cathcart, Borough of Beach HavenDocket CSV 06387-07cites (c)
- In re BremmerDocket CSV 4790-07
- In re ZaccariaDocket CSV 4929-07
- In re BrooksDocket CSV 9670-03
- In re TorsielloDocket CSV 3976-05
- In re BlackstonDocket CSV 10515-98
Other decisions (1)
- Borough of Keyport v. Int'l Union of Operating Eng'rs, Local 682015
Commission decisions citing 4A:8-2.6
9 decisions of the Civil Service Commission since January 16, 2019 cite this section (denied 5, sent back to the office of administrative law 1, granted in part 1, as the minutes record the outcome). The newest:
- In the Matter of Gerard Ciandella, Hoboken, Department of Human Services CSC Docket No. 2020-2575 · October 11, 2023 · Layoff, seniority or title rights · Sent back to the Office of Administrative Law
- In the Matter of Bobby Stubbs, Jr., Juvenile Detention Officer (Special), Cumberland County CSC Docket No. 2021-439 · September 1, 2021 · Certification or appointment · Denied
- In the Matter of Trina Lucas, Clerk 3 (PM2673B), Newark School District CSC Docket No. 2021-1852 · August 4, 2021 · Examination eligibility · Denied
- In the Matters of Union County Layoff CSC Docket No. 2021-1676 · June 30, 2021 · Petition for interim relief or a stay · Denied
- In the Matter of Kleber Vera, City of Hoboken CSC Docket No. 2020-2617 · November 24, 2020 · Layoff, seniority or title rights · Denied