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FREQUENTLY ASKED QUESTIONS |
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| 1. How do I file an appeal? All appeals must be made in writing and should include copies of the notice or letter that outlines the action being appealed. Also, you should submit any other documentation you feel will support your appeal. The address where you should send your appeal will appear on the notice or letter you receive, (e.g. Final Notice of Disciplinary Action, Notice of Ineligibility). In most cases, your appeal should be sent to the Director, Merit System Practices and Labor Relations, P.O. Box 312, Trenton, New Jersey 08625-0312. |
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| 2. What happens after I file my appeal? That depends on what type of appeal you have filed. Appeals of major disciplinary actions (suspension or fine of more than five days at one time; suspension or fines more than three times for an aggregate of more than fifteen days in one calendar year; disciplinary demotion removal; or resignation not in good standing) must be filed within 20 days of the date you were served (there are no exceptions to this timeframe). Once a timely appeal has been granted a hearing, the case is sent to the Office of Administrative Law and the parties will have an opportunity to present evidence and arguments to an Administrative Law Judge (ALJ). Once the ALJ renders a recommended decision, it will be presented to the Merit System Board, which may adopt, reject or modify the recommendation of the ALJ. Most other appeals are reviewed by the Merit System Board based on the written information and arguments submitted by the parties. |
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| 3. Once I file my appeal, how long will it take before I receive a decision? Again, that depends on the type of appeal. In major disciplinary appeals, once the file is sent to the Office of Administrative Law, the Department of Personnel has no control over the scheduling of the cases before the ALJ. However, once we receive the initial decision of the ALJ, we have 45 days to present the recommendation to the Merit System Board. Written record appeals are generally processed in order of receipt so the timeframe for processing depends on the number of appeals that we currently have pending. |
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| 4. Will I be able to appear before the Merit System Board when my case is scheduled on their agenda? Although the Merit System Board meetings are open to the public, the Board does not permit testimony at their meetings. |
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5. I appealed the determination that I did not meet the education and/or experience |
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| 6. I received the final decision from the Merit System Board and my appeal was denied. Is there anything else I can do? You have 45 days to appeal the final administrative action of the Merit System Board to the Appellate Division of Superior Court. |
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Department of Personnel
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