N.J.S.A. 11A:4-13 Types of appointment
The commission shall provide for the following types of appointment: a. Regular appointments shall be to a title in the competitive division of the ca… Implemented by a rule in N.J.A.C. Title 4A.
Current through the close of the 221st Legislature (L. 2025, c. 346). What that means
Reviewed as of July 28, 2026. Official text: njleg.state.nj.us.
In plain language
Six routes into a job, each with its own limits. A regular appointment goes to a competitive-division title after examination and certification, or to a noncompetitive-division title on appointment, and becomes permanent once the working test period is satisfactorily served. A provisional appointment can only be made in the competitive division, only where there is no complete certification, and only where the appointing authority certifies both that the appointee meets the minimum qualifications and that not making it would seriously impair the work of the authority; no provisional appointment may exceed 12 months. Temporary appointments sit outside this chapter, capped at six months in any twelve, or twelve months where funded by a short-term grant. Emergency appointments cannot exceed 30 days and are available only where not appointing would harm persons or property. Senior executive and unclassified appointments run under their own sections in Chapter 3.
Written by the NJ Civil Service Navigator editorial team from the text of this section. The statute itself is below, unabridged.
The commission shall provide for the following types of appointment:
a.Regular appointments shall be to a title in the competitive division of the career service upon examination and certification or to a title in the noncompetitive division of the career service upon appointment. The appointments shall be permanent after satisfactory completion of a working test period;#
b.Provisional appointments shall be made only in the competitive division of the career service and only in the absence of a complete certification, if the appointing authority certifies that in each individual case the appointee meets the minimum qualifications for the title at the time of appointment and that failure to make a provisional appointment will seriously impair the work of the appointing authority. In no case shall any provisional appointment exceed a period of 12 months;#
c.Temporary appointments may be made, without regard to the provisions of this chapter, to temporary positions established for a period aggregating not more than six months in a 12-month period as approved by the commission. These positions include, but are not limited to, seasonal positions. Positions established as a result of a short-term grant may be established for a maximum of 12 months. Appointees to temporary positions shall meet the minimum qualifications of a title;#
d.Emergency appointments shall not exceed 30 days and shall only be permitted where nonappointment will result in harm to persons or property;#
Enacted by L. 1986, c. 112, effective September 25, 1986. Last amended by L. 2008, c. 29, effective June 30, 2008.
An old amendment date alone does not mean a provision is obsolete. This mirror reflects the source watermark above; later laws and decisions can affect how the text applies.
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.
- N.J.A.C. 4A:1, the whole chapter
Legislative history
Session laws, newest first
- L. 2008, c. 29, section 39Amended
effective June 30, 2008 - L. 1986, c. 112Enacted
effective September 25, 1986
How this section has been applied
10 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 2
- Giannone v. Carlin20 N.J. 511, 120 A.2d 449
- O'Malley v. Department of Energy109 N.J. 309, 537 A.2d 647
Appellate Division 8
- O'Malley v. Department of Energy212 N.J. Super. 114, 514 A.2d 69
- Melani v. County of Passaic345 N.J. Super. 579, 786 A.2d 133cites (b)
- Kyer v. City of E. Orange315 N.J. Super. 524, 719 A.2d 184cites (b)
- Caldaro v. Ferber74 N.J. Super. 128, 180 A.2d 705
- In re Martinez403 N.J. Super. 58, 956 A.2d 386
- In re Hearn417 N.J. Super. 289, 9 A.3d 1032
- Handabaka v. Division of Consumer Affairs, Dep't of Public Utilities167 N.J. Super. 12, 400 A.2d 490
- Omrod v. New Jersey Dep't of Civil Serv.151 N.J. Super. 54, 376 A.2d 554
Commission decisions resting on 11A:4-13
94 decisions of the Civil Service Commission since January 16, 2019 rest on this section: 64 cite it directly, and 30 apply a Title 4A rule adopted under it. The newest:
- In the Matter of the Interim Reallocation of State Titles to the Noncompetitive Division of the Career Service September 2, 2026 · Certification or appointment · Granted · cites this section
- In the Matter of Kurt Saettler, Jr., Police Lieutenant (PM3236E), Middle Township July 1, 2026 · Examination eligibility · Denied · cites this section
- In the Matter of Alexandre Gabler, Greystone Park Psychiatric Hospital, Department of Health June 10, 2026 · Request for reconsideration · Denied · cites this section
- In the Matter of E.R., Ann Klein Forensic Center, Department of Health May 20, 2026 · · Denied · cites this section
- In the Matter of Michael Klepacky, Police Chief (PM3213G), Pompton Lakes April 29, 2026 · Examination eligibility · Denied · cites this section
- In the Matter of Bettie Gladney, Division of Developmental Disabilities, Department of Human Services April 29, 2026 · Position classification · Denied · cites this section
- In the Matter of B.O., Department of Labor and Workforce Development April 29, 2026 · Discrimination, retaliation or State Policy · Sent back to the Office of Administrative Law · applies N.J.A.C. 4A:3-3.4
- In the Matter of M.M., Project Engineer Structural Evaluation (PS6437T), Department of Transportation January 21, 2026 · Certification or appointment · Denied · cites this section
Sections this one refers to
- N.J.S.A. 11A:3-3 Senior executive service
- N.J.S.A. 11A:3-4 State unclassified service
- N.J.S.A. 11A:3-5 Political subdivision unclassified service.