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N.J.A.C. 4A:2-2.7

Actions involving criminal matters

When an employee is suspended because of a pending criminal complaint or indictment, the Preliminary Notice must note that the forfeiture-of-office statute may apply. The appointing authority can impose an indefinite suspension that runs past six months, but not beyond the disposition of the criminal case. The section also covers what happens when a court enters, or declines to enter, an order of forfeiture. If the employee requests a hearing, it is limited to a single question: whether the public interest is best served by suspending the employee until the criminal case is resolved, judged by the same unfitness and safety standard used for immediate suspensions. Entering Pre-Trial Intervention or receiving a conditional discharge does not end the case for this purpose; the complaint or indictment counts as unresolved until those conditions are completed. If the criminal case ends without a forfeiture order, the appointing authority must issue a second Preliminary Notice covering whatever charges remain.

Key points, as written in the regulation[1]

  • When an appointing authority suspends an employee based on a pending criminal complaint or indictment, the employee must be served with a Preliminary Notice of Disciplinary Action.
  • The appointing authority may impose an indefinite suspension to extend beyond six months where an employee is subject to criminal charges as set forth in N.J.A.C. 4A:2-2.5(a)2, but not beyond the disposition of the criminal complaint or indictment.

This section in the records

AnalysisComputed by this site by matching record text to the language of N.J.A.C. 4A:2-2.7. A textual match, not a legal determination that the section applied.

Language from this section appears in 9 of the major discipline records published on this site, across 4 agencies (2024-2025). Most recent:

Related in NJCSNavigator

Sources

  1. [1]N.J.A.C. 4A:2-2.7. New Jersey Office of Administrative Law (N.J.A.C.). Current through New Jersey Register, Vol. 58 No. 12, June 15, 2026. Retrieved 2026-07-04.