NJ Civil Service Navigator

N.J.S.A. 11A:2-13 Opportunity for appointing authority hearing, alternative procedures

Except as otherwise provided herein, before any disciplinary action in subsection a.(1), (2) and (3) of N.J.S.11A:2-6 is taken against a permanent emp… Implemented by a rule in N.J.A.C. Title 4A.

Title 11A · Chapter 2. Civil Service Commission · Article 4

In plain language

The departmental hearing, and it comes before any appeal to the Commission: the employer hears the matter first. A permanent career service employee, or someone in a working test period, facing removal, suspension or fine, or disciplinary demotion gets written notice and the opportunity for a hearing before the appointing authority or its designee, held within 30 days of the notice unless waived, with adjournment by consent. Two things qualify that. Where the State and a majority representative have agreed a review procedure, it becomes the exclusive route, and a local contract does not trigger it. And the hearing can come after the fact: an employee may be suspended immediately without one where the appointing authority finds them unfit for duty, a hazard, or where immediate suspension is needed to maintain safety, health, order or effective direction of public services. A formal charge of a first, second or third degree crime, or a fourth degree crime on or directly related to the job, allows immediate suspension lasting until the charge is disposed of.

Written by the NJ Civil Service Navigator editorial team from the text of this section. The statute itself is below, unabridged.

Current through the close of the 221st Legislature (L. 2025, c. 346). What that means

Enacted by L. 1986, c. 112, effective September 25, 1986. Last amended by L. 2008, c. 29, effective June 30, 2008, the most recent of 2 amendments.

A New Jersey statute changes only when the Legislature amends it, so a section untouched since its last amendment is settled rather than out of date.

Reviewed as of July 28, 2026. Official text: njleg.state.nj.us.

Except as otherwise provided herein, before any disciplinary action in subsection a.(1), (2) and (3) of N.J.S.11A:2-6 is taken against a permanent employee in the career service or a person serving a working test period, the employee shall be notified in writing and shall have the opportunity for a hearing before the appointing authority or its designated representative. The hearing shall be held within 30 days of the notice of disciplinary action unless waived by the employee. Both parties may consent to an adjournment to a later date.

When the State of New Jersey and the majority representative have agreed pursuant to the New Jersey Employer-Employee Relations Act, section 7 of P.L.1968, c.303 (C.34:13A-5.3), to a procedure for appointing authority review before disciplinary action in subsection a.(1), (2) and (3) of N.J.S.11A:2-6, which would be otherwise appealable to the Civil Service Commission under N.J.S.11A:2-14, is taken against a permanent employee in the career service or a person serving a working test period, such procedure shall be the exclusive procedure for review before the appointing authority.

This section shall not prohibit the immediate suspension of an employee without a hearing if the appointing authority determines that the employee is unfit for duty or is a hazard to any person if allowed to remain on the job or that an immediate suspension is necessary to maintain safety, health, order or effective direction of public services. In addition, where a suspension is based on a formal charge of a crime of the first, second or third degree, or a crime of the fourth degree if committed on the job or directly related to the job, the suspension may be immediate and continue until a disposition of the charge. The Civil Service Commission shall establish, by rule, procedures for hearings and suspensions with or without pay.

The rules that implement this section

A statute sets the framework and the Civil Service Commission’s rules fill in the detail. Where a question turns on procedure, the rule usually governs; where it turns on who is covered or what the Commission may do, the statute does.

Legislative history

Session laws, newest first

  1. L. 2008, c. 29, section 10Amended
    effective June 30, 2008
  2. L. 2004, c. 104, section 1Amended
    effective July 14, 2004
  3. L. 1986, c. 112Enacted
    effective September 25, 1986

How this section has been applied

24 reported decisions cite this section. Citations only: the summaries in the source are the publisher's own writing, and where we describe a case we write it from the decision itself.

New Jersey Supreme Court 7
  • Mason v. Civil Service Com.51 N.J. 115, 238 A.2d 161, 1968 N.J. LEXIS 149
  • Handlon v. Belleville4 N.J. 99, 71 A.2d 624, 1950 N.J. LEXIS 226
  • Maguire v. Van Meter1 A.2d 445, 1938 N.J. LEXIS 410
  • West New York v. Bock38 N.J. 500, 186 A.2d 97, 1962 N.J. LEXIS 190
  • Adams v. Atlantic City59 A.2d 825
  • Kramer v. Civil Service Com.1 A.2d 197
  • Adams v. Goldner79 N.J. 78, 397 A.2d 1088, 1979 N.J. LEXIS 1175
Appellate Division 14
  • Goodman v. Department of Corrections, Cent. Reception and Assignment Facility367 N.J. Super. 591, 844 A.2d 543, 2004 N.J. Super. LEXIS 119
  • In re Stowman200 N.J. Super. 507, 491 A.2d 1275, 1985 N.J. Super. LEXIS 1264
  • Scancarella v. Department of Civil Service21 N.J. Super. 11, 90 A.2d 517, 1952 N.J. Super. LEXIS 764
  • Romanowski v. Brick185 N.J. Super. 197, 447 A.2d 1352, 1982 N.J. Super. LEXIS 840
  • Hennessey v. Winslow Twp.368 N.J. Super. 443, 847 A.2d 1, 2004 N.J. Super. LEXIS 146
  • Prosecutor's Detectives & Investigators Asso. v. Hudson County Bd. of Chosen Freeholders130 N.J. Super. 30, 324 A.2d 897, 1974 N.J. Super. LEXIS 510
  • Adams v. Goldner156 N.J. Super. 299, 383 A.2d 1149, 1978 N.J. Super. LEXIS 724
  • Essex Council Number 1, New Jersey Civil Service Asso. v. Gibson114 N.J. Super. 576, 277 A.2d 562, 1971 N.J. Super. LEXIS 651
  • Board of Chosen Freeholders v. Brenner25 N.J. Super. 557, 96 A.2d 776, 1953 N.J. Super. LEXIS 554
  • In re Baykal309 N.J. Super. 424, 707 A.2d 467, 1998 N.J. Super. LEXIS 98
  • In re Williams198 N.J. Super. 75, 486 A.2d 858, 1984 N.J. Super. LEXIS 1283
  • Capelli v. Civil Service Com.90 N.J. Super. 194, 216 A.2d 755, 1966 N.J. Super. LEXIS 383
  • Capibianco v. Civil Service Com.60 N.J. Super. 307, 158 A.2d 834, 1960 N.J. Super. LEXIS 559
  • Essex Council Number 1, New Jersey Civil Service Asso. v. Gibson118 N.J. Super. 583, 289 A.2d 537, 1972 N.J. Super. LEXIS 585
Superior Court 2
  • Mancuso v. North Arlington203 N.J. Super. 427, 497 A.2d 238, 1985 N.J. Super. LEXIS 1417
  • Conlon v. Middlesex County Dep't of Corrections278 N.J. Super. 401, 651 A.2d 128, 1994 N.J. Super. LEXIS 511
Federal courts 1
  • Espinosa v. County of Union

Effective-date provisions

Quoted from the session laws themselves.

  • Section 120 of L. 2008, c. 29 provides: “This act shall take effect immediately and any actions necessary to implement this act may be taken any time thereafter. General implementation shall be completed no later than 12 months following enactment.” Chapter 29, L. 2008, was approved on June 30, 2008.

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