N.J.S.A. 11A:4-3 Admission to examinations
If it appears that an eligible list is not likely to provide full certification for existing or anticipated vacancies from among qualified residents o… Amended 1 time since 1986.
In plain language
Residency, and when it gives way. If an eligible list is unlikely to produce a full certification for existing or expected vacancies from qualified New Jersey residents, or from residents of a subdivision where the law requires it, the Commission may let qualified non-residents in. Running the other way, where another statute gives a residency preference, the Commission may limit applicants to whichever classes are needed to build a big enough pool of eligibles. Both are discretionary and both turn on the same practical question: is there anyone to certify.
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.
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changes only when the Legislature amends it, so a section untouched since its last amendment is settled rather than out of date.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.
If it appears that an eligible list is not likely to provide full certification for existing or anticipated vacancies from among qualified residents of this State, or of political subdivisions where required by law, the commission may admit other qualified nonresident applicants. Where residency preference is provided pursuant to any other statute, the commission may limit applicants to such classes as are necessary to establish a sufficient pool of eligibles.
Legislative history
Session laws, newest first
- L. 2008, c. 29, section 32Amended
effective June 30, 2008 - L. 1986, c. 112Enacted
effective September 25, 1986
How this section has been applied
6 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 1
- Kelly v. Civil Service Com.37 N.J. 450, 181 A.2d 745, 1962 N.J. LEXIS 233
Appellate Division 5
- 272 N.J. Super. 31, 639 A.2d 333, 1994 N.J. Super. LEXIS 96
- Skolski v. Woodcock149 N.J. Super. 340, 373 A.2d 1008, 1977 N.J. Super. LEXIS 869
- Mandelbaum v. State, Dep't of Civil Service142 N.J. Super. 323, 361 A.2d 560, 1976 N.J. Super. LEXIS 801
- Department of Civil Service v. Newark131 N.J. Super. 275, 329 A.2d 572, 1974 N.J. Super. LEXIS 468
- Lavitz v. Civil Service Com.52 N.J. Super. 158, 145 A.2d 17, 1958 N.J. Super. LEXIS 392
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.