N.J.A.C. 4A:10-3 Salary Disapproval
Every section of N.J.A.C. 4A:10-3, Salary Disapproval: 2 rules with full text, amendment history and citing decisions.
- 4A:10-3.1General provisions
The remedy for an unlawful appointment can reach three people's pay, not one. The Chairperson or designee, or the Commission, may disapprove and stop the salary of a person employed in violation of Title 11A, these rules or an order; of the individual with employment authority over that person; and of whoever authorises payment of a disapproved salary. It runs in two steps. A notice goes to the appointing authority, the affected employee and anyone else whose salary is at stake, stating the nature of the violation and giving 10 days to respond, with a review conference possible. Where the issue is not resolved, an order issues requiring payment stopped, mailed to everyone affected and, in State service, to the Department of the Treasury. There are 20 days from receipt of the order to appeal to the Commission. If the violation is not corrected and no appeal is filed in time, the matter is referred to the Commission for review and any appropriate action.
- 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. Two of the seven powers are about money already flowing: disapproving salary to an employee hired in violation of Title 11A or these rules, and disapproving salary to the people who approved or continued a disapproved payment or who hold employment authority over that employee. Two are about repairing the appointment: ordering the appointment of an eligible from an outstanding certification, and reviving an employment list. The remaining three are assessing costs, charges or fines under statute, bringing a civil action in the Superior Court, and taking other action allowed by law or rule.