New Jersey § 11a:2-13

§ 11a:2-13.

Except as otherwise provided herein, before any disciplinary action in subsection

a. (1), (2) and (3) of N.J.S. 11A:2-6 is taken against a permanent employee in the career service or a person serving a

working test period, the employee shall be notified in writing and shall have the

opportunity for a hearing before the appointing authority or its designated representative. The hearing shall be held within 30 days of the notice of disciplinary action unless

waived by the employee. Both parties may consent to an adjournment to a later date. When the State of New Jersey and the majority representative have agreed pursuant

to the New Jersey Employer-Employee Relations Act, section 7 of P.L. 1968, c. 303

( C.34:13A-5.3 ), to a procedure for appointing authority review before disciplinary action in subsection

a. (1), (2) and (3) of N.J.S. 11A:2-6 , which would be otherwise appealable to the Civil Service Commission under N.J.S.11A:2-14 , is taken against a permanent employee in the career service or a person serving

a working test period, such procedure shall be the exclusive procedure for review

before the appointing authority. This section shall not prohibit the immediate suspension of an employee without a

hearing if the appointing authority determines that the employee is unfit for duty

or is a hazard to any person if allowed to remain on the job or that an immediate

suspension is necessary to maintain safety, health, order or effective direction of

public services. In addition, where a suspension is based on a formal charge of a crime of the first,

second or third degree, or a crime of the fourth degree if committed on the job or

directly related to the job, the suspension may be immediate and continue until a

disposition of the charge. The Civil Service Commission shall establish, by rule, procedures for hearings and suspensions with or without

pay.