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State of New Jersey, Civil Service Commission
Governor Chris Christie • Lt.Governor Kim Guadagno
 
 

SUBCHAPTER 1. PURPOSE, SCOPE AND DEFINITIONS


4A:2-1.1. Filing of appeals
(a) All appeals to the Civil Service Commission shall be in writing, signed by the person appealing (appellant) or his or her representative and include the reason for the appeal and the specific relief requested.  See N.J.A.C. 4A:2-1.8 for appeal processing fees.

(b) Unless a different time period is stated, an appeal must be filed within 20 days after either the appellant has notice or should reasonably have known of the decision, situation or action being appealed.

(c) The appellant must provide any additional information that is requested, and failure to provide such information may result in dismissal of the appeal.

(d) Except where a hearing is required by law, this chapter or N.J.A.C. 4A:8, or where the Civil Service Commission finds that a material and controlling dispute of fact exists that can only be resolved by a hearing, an appeal will be reviewed on a written record. In written record appeals:

1. Each party must serve copies of all materials submitted on all other parties; and

2. A party may review the file at the Civil Service Commission during business hours.

(e) A party in an appeal may be represented by an attorney, authorized union representative or authorized appointing authority representative. See N.J.A.C. 1:1-5.4 for contested case representation at the Office of Administrative Law.

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(a) Upon the filing of an appeal, a party to the appeal may petition the Commissioner for a stay or other relief pending final decision of the matter.

(b) A request for a stay or interim relief shall be in writing, signed by the petitioner or his or her representative and must include supporting information for the request.

(c) The following factors will be considered in reviewing such requests:

1. Clear likelihood of success on the merits by the petitioner;

2. Danger of immediate or irreparable harm if the request is not granted;

3. Absence of substantial injury to other parties if the request is granted; and

4. The public interest.

(d) The filing of a petition for interim relief will not stay administrative proceedings or processes.

(e) Each party must serve copies of all materials submitted on all other parties.

(f) Following a final administrative decision by the Commissioner or the Board, and upon the filing of an appeal from that decision to the Appellate Division of Superior Court, a party to the appeal may petition the Commissioner for a stay or other relief pending a decision by the Court in accordance with the procedures and standards in (b) and (c) above. See N.J. Court Rules 2:9-7.

(g) See N.J.A.C. 1:1-12.6 for interim relief rules on matters pending before the Office of Administrative Law.

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(a) Any party requesting an adjournment of a hearing or other review must establish good and sufficient reason for such request. Such reason may include, but is not limited to:

1. Unavoidable appearance by an attorney for a party in any state or federal court; or

2. Illness of a party evidenced by an affidavit and a doctor's certificate.

(b) Where an adjournment is found not to be for good and sufficient reason, the Commissioner or Board may impose a fine or penalty.

(c) See N.J.A.C. 1:1-9.6 for Office of Administrative Law adjournment rules.

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(a) In appeals concerning major disciplinary actions, N.J.A.C. 4A:2-2.1 et seq., the burden of proof shall be on the appointing authority.

(b) In appeals concerning minor disciplinary actions, See N.J.A.C. 4A:2-3.7(f) for burden of proof standards.

(c) In all other Commissioner and Board appeals, the burden of proof shall be on the appellant.

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(a) Seniority credit may be awarded in any successful appeal.

(b) Back pay, benefits and counsel fees may be awarded in disciplinary appeals and where a layoff action has been in bad faith. See N.J.A.C. 4A:2-2.10. In all other appeals, such relief may be granted where the appointing authority has unreasonably failed or delayed to carry out an order of the Civil Service Commission or where the Commission finds sufficient cause based on the particular case.  A finding of sufficient cause may be made where the employee demonstrates that the appointing authority took adverse action against the employee in bad faith or with invidious motivation.

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(a) Within 45 days of receipt of a decision, a party to the appeal may petition the Commissioner or Board for reconsideration.

(b) A petition for reconsideration shall be in writing signed by the petitioner or his or her representative and must show the following:

1. The new evidence or additional information not presented at the original proceeding which would change the outcome and the reasons that such evidence was not presented at the original proceeding; or

2. That a clear material error has occurred.

(c) Each party must serve copies of all materials submitted on all other parties.

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(a) For specific appeal procedures see:

1. Awards in State service (N.J.A.C. 4A:6-6.10);
2. Classification (N.J.A.C. 4A:3-3.9);
3. Discipline, major (N.J.A.C. 4A:2-2.1 et seq.);
4. Discipline, minor (N.J.A.C. 4A:2-3.1 et seq.);
5. Discrimination in State service (N.J.A.C. 4A:7-3.2 through 4A:7-3.3);
6. Employment list removal for medical reasons (N.J.A.C. 4A:4-6.5);
7. Employment list removal for psychological reasons (N.J.A.C. 4A:4-6.5);
8. Examinations (N.J.A.C. 4A:4-6.1 et seq.);
9. Grievances (N.J.A.C. 4A:2-3.1 et seq.);
10. Layoffs (N.J.A.C. 4A:8-2.6);
11. Overtime in State service (N.J.A.C. 4A:3-5.10 et seq.);
12. Performance Assessment Review in State service (N.J.A.C. 4A:6-5.3);
13. Reprisals (N.J.A.C. 4A:2-5.1 et seq.);
14. Resignations (N.J.A.C. 4A:2-6.1 et seq.);
15. Salary (job reevaluation) in state service (N.J.A.C. 4A:3-4.3);
16. Sick leave injury in State service (N.J.A.C. 4A:6-1.7); and
17. Supplemental compensation on retirement in State service (N.J.A.C. 4A:6-3.4).

(b) Any appeal not listed above must be filed in accordance with N.J.A.C. 4A:2-1.1.

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(a) A $20.00 processing fee shall be charged for all appeals and requests for relief filed with the Civil Service Commission, subject to the exemptions in (e) below, except that no fee shall be charged for the following types of appeals:

1. Stay or interim relief (N.J.A.C. 4A:2-1.2), except that:

i. Interim relief requests filed pursuant to N.J.A.C. 4A:2-2.5(e) (violation of departmental disciplinary hearing requirements) are subject to the appeal fee; and

ii. Requests for stay filed pursuant to N.J.A.C. 4A:2-1.2(f) are subject to the appeal fee;

2. Petition for reconsideration of an appeal that is not subject to an appeal fee (see N.J.A.C. 4A:2-1.6);

3.  Grievance in State service (N.J.A.C. 4A:2-3.1);

4.  Reprisal or political coercion (N.J.A.C. 4A:2-5.2);

5.  Classification (N.J.A.C. 4A:3-3.9);

6.  Job reevaluation (N.J.A.C. 4A:3-4.3);

7.  Waiver of salary overpayment (N.J.A.C. 4A:3-4.21);

8.  Retroactive appointment date (N.J.A.C. 4A:4-1.10);

9.  Extension of an eligible list (N.J.A.C. 4A:4-3.3);

10.Revival of an eligible list (N.J.A.C. 4A:4-3.4);

11.Relaxation of the intergovernmental transfer rule (N.J.A.C. 4A:4-7.1A);

12. Relaxation of the donated leave rule (N.J.A.C. 4A:6-1.22);

13. Layoff rights (N.J.A.C. 4A:8-2.6(a)2);

14.Enforcement of a Civil Service Commission decision or a determination by a Division of the Civil Service Commission (N.J.A.C. 4A:10-2.1); or

15. Appointment waiver (N.J.A.C. 4A:10-2.2).

(b) The fee shall be paid by check or money order, made payable to NJCSC, and submitted with the appeal.

(c)Appeals filed on behalf of multiple appellants must include a $20.00 fee for each appellant, except that:
1.In cases where, on behalf of all similarly situated members of a unit represented by a union, an attorney or authorized union representative files a request for a stay or other interim relief that does not fall under N.J.A.C. 4A:2-1.2, because it does not pertain to a pending appeal, such request is only subject to one $20.00 fee; and

2.Appeal fees as described above may be combined in one check or money order.
EXAMPLE 1:  An attorney representing a local union seeks an order on behalf of all affected unit members to stay a layoff from occurring in response to a proposed layoff plan.  The request does not fall under N.J.A.C. 4A:2-1.2, because it does not pertain to a pending appeal.  Therefore, the request is subject to a fee.  However, as it is filed on behalf of all similarly situated union members by an authorized representative, the attorney is only required to submit one $20.00 fee in total, rather than a fee for each unit member.

EXAMPLE 2:  An attorney appeals the good faith of a layoff on behalf of 20 members of an affected unit represented by a local union.  The attorney also seeks an order to stay the layoff from occurring pending a hearing on the good faith layoff appeal.  The pending appeal, regarding the good faith of the layoff, is subject to a fee.  Therefore, the attorney is required to submit a $20.00 fee for each appellant in the good faith layoff appeal for a total of $400.00.  The attorney decides to submit a check for $400.00, rather than write 20 checks in the amount of $20.00 for each appellant, although either approach is permissible.  However, no separate fee is required for the stay request because it pertains to the pending appeal.  See N.J.A.C. 4A:2-1.8(a)1.

(d) Appeals received without a fee shall not be processed unless the appellant submits, within the time required by written notice from the Commission, the required fee, or proof of exemption as described in (e) below.  Fees received after the due date shall not be accepted unless good cause is shown by the appellant.

(e) An appellant shall be granted a waiver of the fee if the appellant:

1. Has established veterans' preference pursuant to N.J.S.A. 11A:5-1 et seq.; or

2.  Provides documentation showing that he or she is receiving General Assistance benefits, benefits under the Work First New Jersey Act, or Supplemental Security Income. Proof must consist of one of the following:

i. General Assistance--a copy of the appellant's benefits identification card (if one was issued) or a letter from the appellant's local municipal welfare director;

ii. Work First New Jersey Act--a copy of the appellant's Families First card; or

iii. Supplemental Security Income--a copy of the appellant's latest annual award letter or proof of the applicant's Medicaid identification number for S.S.I. benefits.

(f) The fee is for processing purposes only and shall not be refunded for any reason except when submitted in error for an exempt appeal.

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