N.J. Admin. Code § 4A:2-2.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 4A:2-2.8 - Appeals to Civil Service Commission

(a) An appeal from a Final Notice of Disciplinary Action must be filed within 20 days of receipt of the Notice by the employee. Receipt of the Notice on a different date by the employee's attorney or union representative shall not affect this appeal period.

(b) If the appointing authority fails to provide the employee with a Final Notice of Disciplinary Action, an appeal may be made directly to the Commission within a reasonable time.

(c) The appeal shall be substantially similar in format to the Major Disciplinary Appeal Form illustrated in the subchapter Appendix, incorporated herein by reference, and the employee shall provide a copy of the appeal to the appointing authority. The employee shall attach to the appeal a copy of the Preliminary Notice of Disciplinary Action and, unless (b) above is applicable, the Final Notice of Disciplinary Action. The appeal shall also include the following information:

1. The name, title, mailing address and telephone number of the appointing authority representative to whom the notices were provided;

2. The employee's name, mailing address and telephone number; and

3. The action that is being appealed.

(d) The employee should also include a statement of the reason(s) for the appeal and the requested relief.

(e) Failure of an employee to provide the information specified in (c) above shall delay processing of the appeal until the required information is provided, may result in a reduced back pay award pursuant to 4A:2-2.1 0(d)4, or may result in dismissal of the appeal after notice of and a reasonable opportunity to provide the missing information.

(f) See 4A:2-2.1 3 for removal appeals by certain law enforcement officers and firefighters.

N.J. Admin. Code § 4A:2-2.8

Amended by R.1995 d.416, effective 8/7/1995.
See: 27 N.J.R. 1837(b), 27 N.J.R. 2884(b).
In (a), added the provision governing receipt of notice by the employee's attorney or union representative.
Amended by R.1998 d.518, effective 11/2/1998.
See: 30 N.J.R. 2325(a), 30 N.J.R. 3935(a).
Added (c) through (e).
Special amendment, R.2009 d.221, effective 6/10/2009 (to expire July 1, 2010).
See: 41 N.J.R. 2720(a).
Section was "Appeals to Merit System Board". In (b), substituted "Commission" for "Board"; and added (f).
Readopted by R.2010 d.176, effective 7/22/2010.
See: 42 N.J.R. 693(a), 42 N.J.R. 1855(a).
Provisions of R.2009 d.221 readopted without change.
Amended by R.2012 d.008, effective 1/3/2012.
See: 43 N.J.R. 2396(a), 44 N.J.R. 65(b).
Rewrote (e).