NEW JERSEY REGISTER
VOLUME 38, ISSUE 18
ISSUE DATE: SEPTEMBER 18, 2006
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF REAL ESTATE APPRAISERS
Proposed New Rule: N.J.A.C. 13:40A-7.10
Notification of Change of Address; Service of Process
Authorized By: State Board of Real Estate Appraisers, Dr. James Hsu, Executive Director.
Authority: N.J.S.A. 45:14F-8.
Calendar Reference: See Summary below for explanation of exception to the calendar requirements.
Proposal Number: PRN 2006-316.
Submit written comments by November 17, 2006 to:
Dr. James Hsu, Executive Director
The agency proposal follows:
State Board of Real Estate Appraisers
PO Box 45032
124 Halsey Street
Newark, New Jersey 07101
Pursuant to its rulemaking authority set forth in N.J.S.A. 45:14F-8, the State Board of Real Estate Appraisers (the Board), is proposing a new rule in Subchapter 7, General Provisions, N.J.A.C. 13:40A-7.10. More specifically, the Board is proposing that a licensee or a certificate holder must notify the Board every time the licensee or certificate holder changes his or her address. In addition, the Board is proposing that service of an administrative complaint or other process initiated by the Board, the Attorney General or the Division of Consumer Affairs at the licensee or certificate holder's address of record is adequate notice.
The Division has determined that the comment period for this proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is excepted from the rulemaking calendar requirement.
The proposed new rule will have a positive social impact upon the regulated community and the public, since the new rule will make it easier to locate a licensee or certificate holder, should that person need to be contacted.
The proposed new rule will have a positive economic impact upon the public since less attempts will be made to obtain a current address for a licensee or certificate holder as they will now be required to update any change of addresses within 10 days of such change. However, the proposed new rule may have a negative economic impact upon licensees and certificate holders to the extent that there may be administrative costs when filing a change of address. Such costs incurred by licensees and certificate holders are outweighed by the benefits of ensuring updated addresses.
Federal Standards Statement
A Federal standards analysis is not required because the proposed new rule is not subject to any Federal standards or requirements imposed by law.
The proposed new rule will not result in the creation or loss of jobs in the State.
Agriculture Industry Impact
The Board believes the proposed new rule will have no impact upon the agriculture industry in New Jersey.
Regulatory Flexibility Statement
If, for the purposes of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. (the Act), any of the approximately 2,830 real estate appraisers licensed and certified by the Board are deemed "small businesses," then the following analysis applies.
The new rule in Subchapter 7 imposes reporting requirements upon licensed real estate appraisers, certified residential real estate appraisers and certified general real estate appraisers. The proposed new rule requires that licensees and certificate holders report each change of address to the Board. The proposed new rule does not impose any compliance or recordkeeping requirements upon licensees and certificate holders.
There are no initial or annual compliance costs associated with the new rule, and further, the only costs are as discussed in the Economic Impact above. The proposed new rule is the minimum possible to ensure the effectiveness of requiring that changes of addresses be filed with the Board. Furthermore, the Board believes that the proposed new rule must be uniformly applied and has not provided differing compliance requirements for any licensees or certificate holders based on the size of the business. No additional professional services will be needed to comply with the proposed new rule.
Smart Growth Impact
The Board does not believe that the proposed new rule will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.
Full text of the proposed new rule follows:
13:40A-7.10 Notification of change of address; service of process
(a) Every licensee and certificate holder shall give notice to the Board of any change of his or her address of record within 10 days of such change. For purposes of this section, "address of record" means an address designated by a licensee or certificate holder which is part of the public record and which may be disclosed upon request. "Address of record" may be a licensee or certificate holder's home, business or mailing address, but shall not be a post office box.
(b) Service of an administrative complaint or other process initiated by the Board, the Attorney General or the Division of Consumer Affairs at the licensee's or certificate holder's address of record shall be deemed adequate notice.