NJ Civil Service Navigator

N.J.S.A. 11A:4-5 Use of eligible list

Once the examination process has been initiated due to the appointment of a provisional or an appointing authority’s request for a list to fill a vaca… Implemented by a rule in N.J.A.C. Title 4A.

Title 11A · Chapter 4. Examination, Selection and Appointment of Employees

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

Once the examination process has started, whether because a provisional was appointed or because the appointing authority asked for a list, that authority has to appoint from the list if a complete certification exists. The Commission can excuse it for a valid reason, and fiscal constraint is the example the statute gives. There is a price attached: where the Commission lets a position stay vacant in the face of a complete list, it may order the appointing authority to reimburse the cost of running the selection process. The costs assessed under this section are also what 11A:10-3 lets the Commission charge back.

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

Once the examination process has been initiated due to the appointment of a provisional or an appointing authority’s request for a list to fill a vacancy, the affected appointing authority shall be required to make appointments from the list if there is a complete certification, unless otherwise permitted by the commission for valid reason such as fiscal constraints. If the commission permits an appointing authority to leave a position vacant in the face of a complete list, the commission may order the appointing authority to reimburse the commission for the costs of the selection process.

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An old amendment date alone does not mean a provision is obsolete.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.

Legislative history

Session laws, newest first

  1. L. 2008, c. 29, section 34Amended
    effective June 30, 2008
  2. L. 1986, c. 112Enacted
    effective September 25, 1986

How this section has been applied

3 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.

Appellate Division 2
  • In re Code Enforcement Officer349 N.J. Super. 426, 793 A.2d 839
  • In re Wiggins242 N.J. Super. 342, 576 A.2d 932
Other decisions 1
  • Bishop v. New Jersey

Commission decisions resting on 11A:4-5

345 decisions of the Civil Service Commission since January 16, 2019 rest on this section: 131 cite it directly, and 214 apply a Title 4A rule adopted under it. The newest:

Search the 131 decisions citing 11A:4-5 directly

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.

Sections that refer to this one