N.J. Admin. Code § 4A:4-6.3

Current through Register Vol. 56, No. 8, April 15, 2024

Section 4A:4-6.3 - Examination and selection appeals

(a) Appeals may be made on:

1. Examination items, scoring, and administration (see 4A:4-6.4 );

2. Disqualification for medical or psychological reasons (see 4A:4-6.5 ); and

3. Examination related matters other than (a)1 and 2 above (see 4A:4-6.6 ) including:

i. Disqualifications under 4A:4-6.1;

ii. List extension or revival; and

iii. Denial of veterans preference for a particular examination.

(b) The appellant shall have the burden of proof, except for medical or psychological disqualification appeals, where the appointing authority shall have the burden of proof.

(c) Unless ordered by the Civil Service Commission or Chairperson, the filing of an appeal shall not affect the promulgation of a list, a certification, or an appointment. See N.J.A.C. 4A:4-1.4 for conditional appointments.

(d) A person who has filed an appeal concerning an examination disqualification may, where appropriate, be admitted to the examination. However, the persons examination results will not be processed while the review is pending.

(e) All appeals shall be in writing and include the examination title and symbol number where appropriate, the action being appealed, the specific objections and requested relief.

(f) A party to an appeal must serve copies of all materials on every other party.

(g) The non-selection of an employee for an advancement appointment in accordance with 4A:3-3.2A shall not be subject to examination appeal procedures. Grievance appeal procedures shall apply. See N.J.A.C. 4A:2-3.

N.J. Admin. Code § 4A:4-6.3

Amended by 46 N.J.R. 1331(c), effective 6/2/2014.

Amended by 49 N.J.R. 2239(a), effective 7/17/2017