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
2 sections
- 4A:10-1.1 General provisionsSummary6 citing decisions
Six prohibitions, binding everyone: the rule says no person or appointing authority, with no carve-out for local service.
- 4A:10-1.2 Political activitySummary1 citing decision
Two restrictions, and the first is narrower than people assume.
Subchapter 2. Enforcement
4 sections
- 4A:10-2.1 General provisionsSummary42 citing decisions
Ten thousand dollars is the ceiling on a fine.
- 4A:10-2.2 Failure to appoint from complete certificationSummary42 citing decisions
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:10-2.3 Enforcement actionSummary1 citing decision
Standing here is unusually wide.
- 4A:10-2.4 Criminal violationSummary
Thirty nine words that turn a rules breach into a criminal charge.
Subchapter 3. Salary Disapproval
2 sections
- 4A:10-3.1 General provisionsSummary1 citing decision
The remedy for an unlawful appointment can reach three people's pay, not one.
- 4A:10-3.2 Penalties and remediesSummary13 citing decisions
Where 4A:10-3.1 sets the procedure, this section lists what the Commission can do at the end of it.