N.J.A.C. 4A:1-3 Organization
Every section of N.J.A.C. 4A:1-3, Organization: 3 rules with full text, amendment history and citing decisions.
- 4A:1-3.1General provisions
Three parts, named separately, and the separation matters for everything that follows: the Chairperson, the Civil Service Commission itself, and whatever subdivisions the Chairperson decides are necessary. The whole apparatus sits in, but not of, the Department of Labor and Workforce Development, in the Executive Branch of State government. The next two sections split the work along exactly that line. 4A:1-3.2 gives the Chairperson the running of the agency; 4A:1-3.3 gives the Commission the deciding of appeals and the adopting of rules.
- 4A:1-3.2Chairperson
The Commission meets once a month and not at all in August, so who can act in between is a live question for anybody waiting on relief. This section answers it. Between meetings the Chairperson may provide interim remedies or relief in a pending appeal where warranted, and may review requests for interlocutory review of an order or ruling by an administrative law judge. The rest of the job is administrative: chairing the Commission, running it as administrator, chief executive officer, appointing authority and request officer, maintaining the management information system that implements Title 11A, setting programs and policies for both State and local service, consulting an advisory board that includes political subdivisions, personnel officers and labor organizations, reporting to the Governor and Legislature, and approving appointments in State and local service.
- 4A:1-3.3Civil Service Commission
Three members make a quorum, and the body that decides your appeal has to meet in public at least monthly, August excepted. What it does at those meetings: render final administrative decisions on appeals and on anything else the Chairperson refers to it, adopt the rules implementing Title 11A after a public hearing, and interpret how Title 11A applies to any public body or entity. Emergency rules skip the public hearing, following the Office of Administrative Law procedure at N.J.A.C. 1:30-4.5. The word final is doing real work in final administrative decision. Under 4A:2-1.2 that is the point at which an appeal to the Appellate Division of the Superior Court becomes available.