(a) In accordance with P.L. 2012, c. 49, a member of the New Jersey National Guard or reserve component of the United States Armed Forces who is on an open competitive eligible list but is called to active Federal duty prior to the list's expiration date, and who does not return from active Federal duty until after the list's expiration, may apply for placement, within 12 months of expiration, on an active open competitive eligible list.
1. To be considered for placement on an active open competitive eligible list, the person shall:
i. Complete an examination application;
ii. Meet the eligibility requirements provided in the examination announcement for the active list, notwithstanding that the applicant has not filed the application by the announced closing date; and
iii. Submit sufficient proof of active Federal duty. Submission by the individual of a completed Form DD214 shall be considered sufficient proof.
2. The applicant shall not be required to pay the examination application processing fee set forth in N.J.A.C. 4A:4-2.17.
3. If the applicant fails to meet the eligibility criteria enumerated in (a)1 above, the applicant shall be disqualified from placement on an active eligible list. See N.J.A.C. 4A:4- 6.2 and 6.3 for actions against disqualified persons and disqualification appeals.
(b) The active eligible list for which the applicant applies shall be for the same title and jurisdiction, and result from the same test mode, as the expired list, except that:
1. In the case of entry level law enforcement testing, the local jurisdiction, if any, need not be the same, due to the fact that such testing is announced on a Statewide basis and all eligibles are placed in a single pool from which certifications are issued. See (d) below for procedures to follow when the test mode is not the same.
(c) In placing the name of the applicant on an active eligible list:
1. Except as provided in (d) and (e) below, the applicant shall retain the final average earned on the test that resulted in the expired list; and
2. The applicant's name shall be added to the active list, for prospective appointment only, immediately following the disabled veterans and veterans, if any.
i. If the applicant is awarded veterans or disabled veterans status in accordance with N.J.A.C. 4A:5-1.1 prior to the promulgation of the active list, the applicant's name shall be placed among the veterans or disabled veterans on the list, as appropriate, based on the applicant's retained final average.
(d) If the active list has not resulted from the same test mode, the test mode for both the expired list and the active list shall be reconciled in the best interest of the applicant as provided in (d)2 below.
1. There are five broad categories, or modes, of competitive examination: multiple choice; written (short answer or essay); oral communication; performance of endurance, skill, or aptitude (for example, physical performance, typing, in-basket exercise); and unassembled (an evaluation of education, training, and/or experience).
2. Accordingly, as an example, if the test mode used to generate the expired list was a multiple choice and the test mode for the active list was a performance of endurance, skill or aptitude, the test modes shall be considered different and the applicant shall be scheduled as soon as possible for a make-up examination utilizing the same test mode as that used for the active list.
i. The applicant's final average earned on the make-up examination shall apply to the active list. The applicant's name shall be added to the active list in accordance with the provisions of (c)2 above.
ii. If the applicant fails the make-up examination, the applicant's name shall not be placed on the active list and the applicant shall not have a further opportunity to be placed on an active list within one year of filing the application.
(e) If both the expired list and the active list have resulted from an unassembled examination, the education, training, and/or experience on the application filed by the applicant in accordance with (a)1 above shall be evaluated based on the announced closing date for the test that resulted in the active list.
1. Where the unassembled examination method for both tests is ranked, the higher of the two final averages earned by the applicant shall apply to the active list. Where the unassembled examination method for both tests is unranked, the applicant shall receive the same score as all other eligibles on the active list.
2. Where the unassembled examination method is different (for example, the first being unranked and the second ranked), the applicant shall receive the final average in accordance with the unassembled examination method resulting in the active list, and this final average shall apply to the active list.
3. The applicant's name shall be added to the active list in accordance with the provisions of (c)2 above.
(f) An applicant may request the placement of his or her name on a maximum of two active open competitive eligible lists in accordance with this section, subject to (a) through (e) above and the following requirements:
1. If the first active list on which the applicant's name is placed under this section expires in less than 12 months following the filing of an application, and the applicant so requests in writing, he or she shall be placed on a second active list, so long as placement on the second active list can be effected within 12 months following the filing by the applicant of an examination application upon returning from active Federal duty.
2. No examination application processing fee shall be charged for an applicant's written request to be placed on a second active list.
3. If the applicant's name cannot be placed on a second active list within 12 months following the filing of the application, the applicant's name shall not be placed on a second active list.