N.J. Admin. Code § 4A:8-2.6

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

Section 4A:8-2.6 - Appeals

(a) Permanent employees and employees in their working test period may file the following types of appeals:

1. Good faith appeals, based on a claim that the appointing authority laid off or demoted the employee in lieu of layoff for reasons other than economy, efficiency, or other related reasons. Such appeals shall be subject to hearing and final administrative determination by the Civil Service Commission (see 4A:2-2.9); and/or

2. Determination of rights appeals, based on a claim that an employee's layoff rights or seniority were determined and/or applied incorrectly. Such appeals shall be subject to a review of the written record by the Civil Service Commission (see 4A:2-1.1(d)).

(b) Good faith and determination of rights appeals shall be filed within 20 days of receipt of the final notice of status required by 4A:8-1.6(f). Appeals must specify what determination is being appealed, the reason(s) for the appeal, and the relief requested. Appeals not specifying the required information may be dismissed after notice of and a reasonable opportunity to provide the missing information.

(c) The burden of proof is on the appellant.

N.J. Admin. Code § 4A:8-2.6

Amended by 48 N.J.R. 2780(a), effective 12/19/2016