N.J. Admin. Code § 4A:3-4.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 4A:3-4.3 - Job reevaluation requests and appeals: State service

(a) Appointing authorities may request a reevaluation by the Chairperson or designee of a job title to determine its proper class code. The request, which shall be submitted through the agency representative, must include a brief rationale for the request, an organization chart, and the requested new salary level. The Chairperson or designee may require additional information to be submitted in a manner and form as determined by the Chairperson or designee.

(b) An appeal by an employee or authorized employee representative for a reevaluation shall be submitted, in writing, to the agency representative. The appeal must identify and explain the areas of substantive change in job content or other change in job evaluation factors through written narrative and a revised job specification, which shall be marked to indicate changes, and include evidence that the change in job content affects all employees in the title. A representative of the Civil Service Commission may require additional information to be submitted in a manner and form as determined by the Chairperson or designee.

1. The agency representative shall review the appeal and ensure that the information set forth in (b) above has been included. Within 10 days of receipt of the appeal, the appointing authority representative shall either notify the appellant that specific additional information is required, or shall forward the appeal to the Civil Service Commission and so notify the appellant, and may indicate a recommended approval or rejection of the appeal for specified reasons. If additional information is required, the agency representative shall forward the appeal to the Civil Service Commission within 10 days of receipt of the appellant's response to the request for additional information.

(c) A representative of the Civil Service Commission shall review the request or appeal and render a written decision. A written decision on evaluation appeals shall be rendered within 60 days of receipt of all required information. The decision letter shall include a notice of appeal rights to the Commission in the case of an appeal by an employee or authorized employee representative.

(d) Any affected employee or authorized employee representative may appeal the determination to the Civil Service Commission within 20 days of its receipt. The appeal shall contain all information which was presented to the prior level, a statement identifying the specific portions of the prior level determination being contested, and the basis for appeal. The appellant shall provide copies to all parties.

(e) The Civil Service Commission may render a decision based on the written record or appoint an independent salary reviewer. All parties, either personally, through counsel or authorized union representative, shall have the opportunity to present argument. Information and/or argument which was not presented at a prior level of appeal shall not be considered.

1. If a salary reviewer is appointed, he or she shall submit a report and recommendation to the Civil Service Commission within 30 days after the review.

2. The report and recommendation shall be sent to all parties. Exceptions may be filed within 15 days of receipt of the report and recommendation. If exceptions are filed, cross-exceptions may be filed within 10 days of receipt of the exceptions. Exceptions and cross-exceptions shall be served on all parties.

(f) A decision by the Civil Service Commission is the final administrative determination.

(g) If a title is approved for reevaluation, the effective date of the reevaluation shall be the first full pay period following the receipt by the Civil Service Commission of a fully documented request for reevaluation under (a) above or a fully documented appeal under (b) above.

N.J. Admin. Code § 4A:3-4.3

Amended by 49 N.J.R. 1182(a), effective 5/15/2017