N.J.S.A. 11A:5-8 Preference in appointment in noncompetitive division
From among those eligible for appointment in the noncompetitive division, preference shall be given to a qualified veteran. Before an appointing autho… Implemented by a rule in N.J.A.C. Title 4A.
In plain language
Noncompetitive-division appointments have no examination and no ranked list, so the preference works differently here. Among those eligible, a qualified veteran gets preference, and an appointing authority that wants to pick a non-veteran instead has to show cause before the Commission why the veteran should not be appointed. A disabled veteran has preference over everyone. Same burden-of-explanation structure as the promotional rule, applied at the point of selection rather than to a list.
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changes only when the Legislature amends it, so a section untouched since its last amendment is settled rather than out of date.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.
From among those eligible for appointment in the noncompetitive division, preference shall be given to a qualified veteran. Before an appointing authority shall select a nonveteran and not appoint a qualified veteran, the appointing authority shall show cause before the Civil Service Commission why a veteran should not be appointed. In all cases, a disabled veteran shall have preference over all others.
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:5, the whole chapter
Legislative history
Session laws, newest first
- L. 2008, c. 29, section 44Amended
effective June 30, 2008 - L. 1986, c. 112Enacted
effective September 25, 1986
How this section has been applied
1 reported decision cites 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
- Zigenfus v. Balentine23 A.2d 394
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.