N.J.A.C. 4A:10 Violations and Penalties
Chapter 10 is the enforcement chapter. It sets out prohibited practices including restrictions on political activity, the Commission's enforcement powers when an appointing authority does not follow the rules, and the penalties available including salary disapproval. It is short, and it is the part
Chapter 10 is the enforcement chapter. It sets out prohibited practices including restrictions on political activity, the Commission's enforcement powers when an appointing authority does not follow the rules, and the penalties available including salary disapproval. It is short, and it is the part of the code that gives the rest of it teeth.
Subchapter 1. Violations
- 4A:10-1.1General provisions
Six prohibitions, binding everyone: the rule says no person or appointing authority, with no carve-out for local service.
- 4A:10-1.2Political activity
Two restrictions, and the first is narrower than people assume.
Subchapter 2. Enforcement
- 4A:10-2.1General provisions
Ten thousand dollars is the ceiling on a fine.
- 4A:10-2.2Failure to appoint from complete certification
An examination begun because someone was appointed provisionally, or because the appointing authority asked for one, has to end in an appointment from the complete certification it produces.
- 4A:10-2.3Enforcement action
Standing here is unusually wide.
- 4A:10-2.4Criminal violation
Thirty nine words that turn a rules breach into a criminal charge.
Subchapter 3. Salary Disapproval
- 4A:10-3.1General provisions
The remedy for an unlawful appointment can reach three people's pay, not one.
- 4A:10-3.2Penalties and remedies
Where 4A:10-3.1 sets the procedure, this section lists what the Commission can do at the end of it.