N.J. Admin. Code § 4A:2-1.8

Current through Register Vol. 56, No. 24, December 18, 2024

Section 4A:2-1.8 - Appeal processing fees

(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:3-4.2 1);

8. Retroactive appointment date (N.J.A.C. 4A:4-1.1 0);

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:6-1.2 2);

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.

N.J. Admin. Code § 4A:2-1.8

New Rule, R.2011 d.173, effective 6/20/2011.
See: 43 N.J.R. 470(a), 43 N.J.R. 1419(b).