N.J.A.C. 4A:4 Selection and Appointment
Chapter 4 is the hiring chapter, and it is the largest in Title 4A. It runs from the types of appointment (permanent, provisional, temporary, emergency) through examinations, eligible lists, certification and appointment, the working test period, disqualification and appeals, and finally transfers a
Chapter 4 is the hiring chapter, and it is the largest in Title 4A. It runs from the types of appointment (permanent, provisional, temporary, emergency) through examinations, eligible lists, certification and appointment, the working test period, disqualification and appeals, and finally transfers and other movements between jobs. If you are asking why you were on a list but not appointed, the answer is in subchapter 4. If you are provisional and worried about it, start at 4A:4-1.5.
Subchapter 1. Types of Appointments
11 sections
- 4A:4-1.1 Career service appointmentsSummaryGuide30 citing decisions
Three routes into the career service, and they differ by how much testing stands in the way.
A senior executive service appointment may be made to any position the Civil Service Commission has allocated to the senior executive service.
- 4A:4-1.3 Unclassified appointmentsSummaryGuide3 citing decisions
Forty four words, and the second sentence is the one that matters: the permanent appointment rights of Title 11A do not apply to unclassified appointments.
- 4A:4-1.4 Conditional regular appointmentsSummary1 citing decision
A holding pattern for appointments that might have to be undone.
- 4A:4-1.5 Provisional appointmentsSummaryExplainerGuide31 citing decisions
A provisional appointment can only be made in the competitive division, and only when three things are all true at once.
- 4A:4-1.6 Interim appointmentsSummaryGuide2 citing decisions
When somebody is away but still holds the job, whoever fills it is an interim appointee.
- 4A:4-1.7 Temporary appointmentsSummaryGuide8 citing decisions
Short work, formally bounded.
- 4A:4-1.8 Emergency appointmentsSummaryGuide
Thirty seven words covering the shortest appointment in the code.
- 4A:4-1.9 Return of employees to their permanent titlesSummaryExplainerGuide5 citing decisions
The safety net for anybody who already had permanent status and then took something else on.
- 4A:4-1.10 Approval of appointments by Civil Service CommissionSummaryGuide83 citing decisions
Nothing is final until the Commission approves it.
- 4A:4-1.11 (Reserved)Reserved
Subchapter 2. Competitive Examinations
17 sections
- 4A:4-2.1 Announcements and applicationsSummaryGuide157 citing decisions
Open competitive announcements go up daily on the Civil Service Commission web site, and that site is also where the applications come from.
- 4A:4-2.2 Types of examinationsSummary10 citing decisions
An examination here is not necessarily a written test.
- 4A:4-2.3 Open competitive examinationsSummaryGuide118 citing decisions
Promotion is the default.
- 4A:4-2.4 Promotional title scope: local serviceSummary8 citing decisions
Local service only; State service has its own scope rule at 4A:4-2.5.
- 4A:4-2.5 Promotional title scope: State serviceSummary22 citing decisions
State service, and the rule starts by sorting every title into one of three categories by the education it requires.
- 4A:4-2.6 Eligibility for promotional examinationSummaryExplainerGuide303 citing decisions
One year of continuous permanent service, aggregating to a year immediately before the announced closing date, in a title the examination is open to.
- 4A:4-2.7 Promotion upon waiver of competitive examinationSummary8 citing decisions
A promotion can happen without anybody sitting the examination.
- 4A:4-2.8 Scheduling of examinationsSummary9 citing decisions
Arrive late and whether you get in depends on what kind of test it is.
- 4A:4-2.9 Make-up examinationsSummary113 citing decisions
Two different lists of acceptable reasons, and which one applies depends on the examination.
- 4A:4-2.10 Conduct and security of examinationsSummary18 citing decisions
Bringing a cellphone into the building is a prohibited action, not merely into the test room, and work-issued phones count, as does any type of electronic recording or imaging device.
- 4A:4-2.11 Residence standardsSummary50 citing decisions
Two residency requirements can be running at once: the New Jersey principal residence requirement under P.L.
- 4A:4-2.12 Professional qualifications substitution programSummary3 citing decisions
Work experience can stand in for education, year for year, but only where the examination has been designated for it.
- 4A:4-2.13 (Reserved)Reserved
- 4A:4-2.14 Accommodation and waiver of examinations for persons with disabilitiesSummary12 citing decisions
Accommodation is asked for on the application itself, by indicating the request there; Commission staff then make reasonable accommodation where appropriate and tell the candidate the arrangements.
- 4A:4-2.15 Rating of examinationsSummaryGuide37 citing decisions
Performance rating credit is a State service matter.
- 4A:4-2.16 Retention and inspection of examination recordsSummary1 citing decision
Some of it is public.
- 4A:4-2.17 Application processing feesSummary11 citing decisions
Twenty-five dollars per application, open competitive and promotional alike, reduced to 15 dollars for veterans.
Subchapter 3. Eligible Lists
10 sections
- 4A:4-3.1 Types of eligible listsSummaryExplainerGuide4 citing decisions
Five kinds of list, and which one you are on decides a great deal afterwards.
- 4A:4-3.2 Order of names on eligible listsSummary10 citing decisions
Rank order is not simply score order.
- 4A:4-3.3 Duration and cancellation of eligible listsSummaryGuide44 citing decisions
Three years from the date of establishment for open competitive and promotional lists, unless the Chairperson or designee decides a shorter period fits the circumstances.
- 4A:4-3.4 Revival of eligible listsSummaryGuide55 citing decisions
An expired list is not necessarily finished with.
- 4A:4-3.5 Consolidation of eligible listsSummary1 citing decision
When two successive examinations for the same title produce two lists, the Chairperson or designee may merge them by one or more of three methods: placing the first name on the later list after the last name on the prior list, supplementing an incomplete list with an eligible list for an appropriate title, or combining names of eligibles by scores.
- 4A:4-3.6 Additions to eligible listsSummary1 citing decision
Names can be added to a list at any point during its life, but only for five reasons: a make-up examination was given and the candidate passed, an error by the Civil Service Commission needs correcting, an appeal decision needs implementing, a third party such as a college or the Veterans Administration has submitted documents correcting an administrative error, or placement is required under 4A:4-4.6A for certain persons returning from military service.
- 4A:4-3.7 Priority of eligible listsSummaryGuide5 citing decisions
Where more than one current list exists for a title, the order is fixed, and special reemployment appears in it twice.
- 4A:4-3.8 Correction of errorsSummary2 citing decisions
Civil Service Commission staff may correct an error at any time during the life of an eligible list, and a correction can change where somebody ranks.
A hiring route that runs outside the eligible lists, and it is local.
- 4A:4-3.10 Procedures for reemployment program for certain law enforcement officers and firefightersSummary
Getting on the list is on you.
Subchapter 4. Certification From Eligible Lists
11 sections
- 4A:4-4.1 Need for certificationSummary8 citing decisions
Nothing moves until the appointing authority asks.
- 4A:4-4.2 Issuance of certificationSummaryGuide15 citing decisions
Three names for the first job, one more name for each additional job.
- 4A:4-4.3 Certification from appropriate listsSummary1 citing decision
An empty or short list is not the end of the process.
- 4A:4-4.4 Limitation on number of times eligible is certifiedSummaryGuide1 citing decision
Pass-overs get counted, and the count is three.
A certification can be limited to eligibles of a particular sex, religion or national origin, but only where that characteristic is a bona fide occupational qualification essential to successful job performance and to the normal operation of the appointing authority.
- 4A:4-4.6 Eligibles on military leaveSummary2 citing decisions
Military leave does not cost you your place on the list.
Twelve months from the expiration of the old list.
- 4A:4-4.7 Removal of namesSummaryExplainerGuide388 citing decisions
Eleven reasons a name comes off an eligible list, and the list is the answer to why yours did.
- 4A:4-4.8 Disposition of a certificationSummaryExplainerGuide150 citing decisions
The rule of three lives here.
- 4A:4-4.9 Date of appointmentSummary2 citing decisions
An eligible cannot be appointed and begin work after the eligible list has expired, and the three exceptions to that are narrow.
- 4A:4-4.10 Certification of additional eligiblesSummary1 citing decision
Accepting the job is not quite the last step.
Subchapter 5. Working Test Period
5 sections
- 4A:4-5.1 General provisionsSummaryGuide60 citing decisions
The working test period is formally part of the examination, not a separate probation bolted onto the end of hiring.
- 4A:4-5.2 DurationSummaryExplainerGuide44 citing decisions
How long it lasts, and when the clock starts.
- 4A:4-5.3 Progress reportsSummaryGuide16 citing decisions
You are entitled to see how it is going before it ends.
- 4A:4-5.4 Working test period appealsSummary15 citing decisions
Forty two words that answer the question everybody in a working test period is asking, and then send them somewhere else for the part that matters.
- 4A:4-5.5 Restoration to eligible list or former titleSummaryExplainerGuide3 citing decisions
Losing a working test period does not have to mean losing the list.
Subchapter 6. Examination and Selection Disqualification and Appeals
6 sections
- 4A:4-6.1 Examination and selection disqualificationSummaryExplainerGuide269 citing decisions
Nine grounds on which a person may be denied examination eligibility or appointment, and the ninth is a catch-all for other sufficient reasons.
- 4A:4-6.2 Actions against disqualified personsSummary7 citing decisions
One finding, seven possible consequences, and they land at very different points in a career.
- 4A:4-6.3 Examination and selection appealsSummaryExplainerGuide250 citing decisions
Which appeal you are filing decides which rule governs it, and this section does the routing.
- 4A:4-6.4 Review of examination items, scoring, and administrationSummary49 citing decisions
One deadline in this section expires the same day the examination does: a challenge to the manner in which an examination was administered must be filed in writing at the examination site, on the day of the examination.
- 4A:4-6.5 Medical and/or psychological disqualification appealsSummary35 citing decisions
This is the one examination appeal where the appointing authority carries the burden of proof rather than the candidate.
- 4A:4-6.6 Disqualification appealsSummary5 citing decisions
Twenty days from notice of the action, decision or situation being appealed.
Subchapter 7. Other Appointments or Employee Movements
13 sections
- 4A:4-7.1 Transfers within the same governmental jurisdictionSummary13 citing decisions
What counts as a transfer depends on which service you are in, because it depends on what an organizational unit is.
- 4A:4-7.1A Intergovernmental transfersSummaryExplainer43 citing decisions
Two different things carry this name.
- 4A:4-7.2 ReassignmentsSummary14 citing decisions
A reassignment moves you inside your organizational unit and inside your title: a new job function, a different shift, a different location or a different supervisor.
- 4A:4-7.3 Relocation assistance: State serviceSummary1 citing decision
State service only, and subject to available appropriations.
- 4A:4-7.4 Retention of rightsSummary10 citing decisions
What follows you when you move, and what does not.
Being in a working test period closes off transfers almost entirely.
- 4A:4-7.6 Lateral title changeSummary11 citing decisions
Whether a sideways move costs you permanent status turns on one test: are the nature of the work and the education and experience requirements of the two titles substantially similar, measured by the same standard layoffs use in 4A:8-2.1.
- 4A:4-7.7 AppealsSummary9 citing decisions
Two sentences, and the second one is the sting.
- 4A:4-7.8 Voluntary demotionSummary7 citing decisions
The definition splits by service.
- 4A:4-7.9 Resignation/new appointmentSummary1 citing decision
Taking a job elsewhere in your own jurisdiction off an open competitive list is treated as a resignation from the title you held permanently.
- 4A:4-7.10 Regular reemploymentSummary8 citing decisions
A door back in, but it opens from the employer side.
- 4A:4-7.11 Transfer or combining of functionsSummary1 citing decision
When one Title 11A employer absorbs the functions of another, the employees can come across with them.
- 4A:4-7.12 Reinstatement following disability retirementSummary3 citing decisions
Coming back from a disability retirement starts with a determination from the Division of Pensions that the retiree is no longer disabled.