VOLUME 48, ISSUE 7
April 4, 2016 Rule Proposals
Law and Public Safety
Division of Consumer Affairs Board of Examiners of Electrical Contractors
Proposed New Rules: N.J.A.C. 13:31-2.7 and 5.7
Proposed Amendments: N.J.A.C. 13:31-1.6 and 5.1
Temporary Courtesy License and Registration for a Nonresident Military Spouse
Authorized By: Board of Examiners of Electrical Contractors, Francine Widrich, Acting Executive Director.
Authority: N.J.S.A. 45:1-15.5 and 45:5A-6.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2016-040.
Submit written comments by June 3, 2016, to:
Philameana Tucker, Executive Director
Board of Examiners of Electrical Contractors
Post Office Box 45006
Newark, New Jersey 07101
The agency proposal follows:
[page=562]
Summary
P.L. 2013, c. 264 (N.J.S.A. 45:1-15.5) establishes a procedure by which the spouse of an active duty member of the Armed Forces of the United States stationed in New Jersey (nonresident military spouse), who is licensed or registered in another jurisdiction, may lawfully practice his or her occupation in New Jersey. The law provides that licensure or registration may be obtained pursuant to an application for reciprocity or an application for a temporary courtesy license or registration. Pursuant to P.L. 2013, c. 182, the Board of Examiners of Electrical Contractors (Board) is exempt from licensing by reciprocity. Accordingly, the Board proposes to amend its rules and promulgate new rules, so that a nonresident military spouse may obtain a temporary courtesy license to work as an electrician or registration to work as a qualified journeyman electrician.
N.J.A.C. 13:31-2.7 and 5.7 set forth the procedures for applicants meeting the definition of nonresident military spouse to follow if applying for a temporary courtesy license or registration. Proposed new N.J.A.C. 13:31-2.7 and 5.7 would require an applicant seeking a temporary courtesy license as an electrician or certificate of registration as a qualified journeyman electrician, respectively, to be the spouse of an active duty member of the Armed Forces who has been transferred to New Jersey, is legally domiciled in the State, or who has moved to the State on a permanent change-of-station basis. The applicant must hold a license or registration in good standing from a jurisdiction whose requirements for licensure or registration are equivalent to the Board's standards. The applicant must have actively worked in the electrical field or practiced as a qualified journeyman electrician for at least two of the last five years. The Board may require an applicant who has not been actively working in the electrical field or engaged in the practice of a qualified journeyman electrician in the two years immediately preceding his or her application to the Board to undergo additional training, testing, mentoring, monitoring, or education that the Board deems necessary to ensure competency.
To be eligible for the temporary license or registration, the applicant cannot have been disciplined, or be the subject of an investigation of an unresolved complaint, or review or disciplinary proceeding conducted by or before a professional or occupational licensing or credentialing entity in another jurisdiction. Additionally, an applicant may not have committed an act in another jurisdiction that would have constituted grounds for the denial, suspension, or revocation of a license or registration in New Jersey.
An applicant would be required to submit an application accompanied by an application fee and a temporary courtesy license or registration fee. The applicant would also be required to submit verification of licensure or registration from a jurisdiction in which he or she is currently licensed or registered, and proof that the applicant has satisfied any continuing education requirements in the jurisdiction that issued the license or registration that forms the basis for the applicant's application. The Board may require the applicant to complete continuing education credits. The applicant would be required to inform the Board of all jurisdictions in which the applicant is currently licensed, registered, or certified or has been licensed, registered, or certified. The Board will also require the applicant to complete a 10-hour course of study relating to the most recent edition of the National Electrical Code (Code), nine hours of which shall pertain to the Code and one hour of which shall pertain to applicable State statutes and rules. The course of study shall be provided by a Board-approved continuing education sponsor.
A temporary courtesy license or certificate of registration would be valid for one year and may be renewed for an additional year upon application to the Board. The holder of a temporary courtesy license or certificate of registration would be entitled to the same rights and be subject to the same obligations as New Jersey resident licensees and registrants, except that the revocation or suspension of a nonresident military spouse's license, registration, or certificate in his or her state of residence or any jurisdiction in which the nonresident military spouse held licensure or registration would automatically cause the same revocation or suspension of the individual's temporary courtesy license or registration in New Jersey, if the revocation or suspension was based on a charge or commission of a criminal offense, competency, or harmful or inappropriate behavior.
The Board proposes to amend N.J.A.C. 13:31-1.6 to introduce a new temporary courtesy license fee of $ 50.00, a new qualified journeyman electrician temporary courtesy registration fee of $ 20.00, a new temporary license renewal fee of $ 50.00, and a new registration renewal fee of $ 20.00.
In addition, the Board proposes to amend N.J.A.C. 13:31-5.1 to direct qualified journeyman electrician applicants meeting the definition of nonresident military spouse set forth in N.J.A.C. 13:31-5.7 to follow the procedure set forth at proposed new N.J.A.C. 13:31-5.7 if applying for a qualified journeyman electrician temporary courtesy registration.
The Board has determined that the comment period for this notice of proposal will be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.
Social Impact
The Board has determined that the proposed new rules and amendments may help nonresident military spouses of active service members who have been transferred to New Jersey to lawfully practice their occupations sooner. This procedure would create an efficient process for temporarily licensing and registering nonresident military spouses who are already licensed, registered, or certified in another jurisdiction, benefitting military families as noted in the Economic Impact statement. Prospective employers may also benefit from the increased pool of qualified potential employees. The Board anticipates that the proposed new rules and amendments would have no adverse effect on public health, safety, or welfare.
Economic Impact
The proposed amendments and new rules would have an economic impact on individuals who seek a temporary courtesy license or certificate of registration in that they will bear the costs of submitting an application for the temporary license or registration and the application fees. However, applicants may benefit economically to the extent that this procedure saves them time in achieving licensure or registration. Obtaining licensure or registration may translate into landing higher paying jobs more quickly, which, in turn, may economically benefit the State through increased tax revenues and decreased unemployment.
Federal Standards Statement
A Federal standards analysis is not required because the proposed new rules and amendments are governed by N.J.S.A. 45:5A-1 et seq., and are not subject to any Federal standards or requirements governing working as an electrician or as a qualified journeyman electrician.
Jobs Impact
The Board does not believe that the proposed amendments and new rules will increase or decrease the number of jobs in New Jersey.
Agriculture Industry Impact
The Board does not believe that the proposed amendments and new rules will have any impact on the agriculture industry of this State.
Regulatory Flexibility Statement
The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires the Board to give a description of the types and an estimate of the number of small businesses to which the rulemaking will apply. A regulatory flexibility analysis is not required because the rulemaking applies only to applicants for licensure or registration who are not considered small businesses in this State because they do not yet have a license or certificate of registration to actively work as an electrician or to engage in the practice of a qualified journeyman electrician.
Housing Affordability Impact Analysis
The proposed amendments and new rules will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the proposed amendments and new rules concern the issuance of temporary courtesy licenses and certificates of registration to work as an electrician or to practice as a qualified journeyman electrician.
Smart Growth Development Impact Analysis
The proposed amendments and new rules will have an insignificant impact on smart growth and there is an extreme unlikelihood that the [page=563] rules would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments and new rules concern the issuance of temporary courtesy licenses and certificates of registration to work as an electrician or to practice as a qualified journeyman electrician.
Full text of the proposal follows (additions indicated in boldface
thus; deletions indicated in brackets [thus]):
SUBCHAPTER 1. GENERAL RULES AND REGULATIONS
13:31-1.6 Fee schedule
(a) The following fees shall be charged by the Board:
1.-16. (No change.)
17. Temporary courtesy license fee........................... $ 50.00
18. Qualified journeyman electrician temporary courtesy
registration fee.................................................... $ 20.00
19. Renewal of temporary courtesy license fee.......... $ 50.00
20. Renewal of qualified journeyman electrician
temporary courtesy registration fee..................... $ 20.00
SUBCHAPTER 2. LICENSURE AND BUSINESS PERMIT REQUIREMENTS
13:31-2.7 Temporary courtesy license
(a) The following words and terms, as used in this section, shall have the following meanings, unless the context clearly indicates otherwise:
"Another jurisdiction" means the District of Columbia, a territory of the United States, or a state other than New Jersey.
"Nonresident military spouse" means a person who is not domiciled in this State who is the spouse of an active duty member of the Armed Forces of the United States, where the active duty service member is a resident of New Jersey for one of the following reasons:
1. He or she has been temporarily transferred to this State in the course of his or her military service;
2. He or she is legally domiciled in this State; or
3. He or she has moved to this State on a permanent change-of-station basis.
(b) An individual who is licensed, registered, or certified in another jurisdiction may apply to obtain a temporary courtesy license pursuant to N.J.S.A. 45:1-15.5, if he or she:
1. Meets the definition of nonresident military spouse set forth in (a) above;
2. Holds a license, registration, or certificate in good standing in a jurisdiction that has licensure, registration, or certification requirements equivalent to New Jersey's requirements for licensure set forth in N.J.A.C. 13:31-2.1;
3. Has been actively working in the electrical field for at least two of the five years immediately preceding the date of application for the temporary courtesy license, for which purpose relevant full-time experience in the discharge of official duties in the Armed Forces of the United States or an agency of the Federal government shall be credited in the counting of years of service.
i. The Board may require a nonresident military spouse who has not been actively working in the electrical field in another jurisdiction during the two years immediately preceding the application to undergo additional training, testing, mentoring, monitoring, or education as the Board determines necessary, to assure that the applicant practices with reasonable skill and safety. In making its determination whether the applicant must undergo additional training, testing, monitoring, or education, the Board shall consider the following factors including, but not limited to:
(1) Employment history;
(2) Professional history;
(3) Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of electrical contracting or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and
(4) Civil litigation related to the practice of electrical contracting or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;
4. Has not committed an act in another jurisdiction that would have constituted grounds for the denial, suspension, or revocation of his or her license in New Jersey, has not been disciplined, or is not the subject of an investigation of an unresolved complaint or a review procedure or disciplinary proceeding conducted by, or is pending before, a professional or occupational licensing or credentialing entity in another jurisdiction;
5. Has satisfied any continuing education requirements in the jurisdiction meeting the requirements of (b)2 above, where he or she holds a current license, registration, or certificate to work in the electrical field, and, at the discretion of the Board, completes such continuing education hours or credits as may be required by the Board within the time frame the Board may establish.
i. In making its determination whether the applicant must complete additional continuing education hours or credits, the Board shall consider the following factors including, but not limited to:
(1) Employment history;
(2) Professional history;
(3) Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of electrical contracting or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and
(4) Civil litigation related to the practice of electrical contracting or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and
6. Completes a 10-hour course of study relating to the most recent edition of the National Electrical Code (Code), nine hours of which shall pertain to the Code and one hour of which shall pertain to applicable State statutes and rules. The course of study shall be provided by a Board-approved continuing education sponsor.
(c) An applicant for a temporary courtesy license shall submit, or arrange to submit, to the Board:
1. A completed application form, provided by the Board;
2. A non-refundable application fee and a temporary courtesy license fee as set forth in N.J.A.C. 13:31-1.6;
3. Written or electronic verification of status of licensure, registration, or certification from a jurisdiction in which the applicant is currently licensed, registered, or certified. The verification shall be sent directly to the Board from the applicable state board. The applicant shall also provide a list of all jurisdictions in which the applicant is currently or has been licensed, registered, or certified;
4. Proof that the applicant was actively working in the electrical field in another jurisdiction, including any time spent discharging official duties in the Armed Forces or for an agency of the Federal government, for at least two of the last five years immediately preceding the date of application.
(d) A temporary courtesy license shall be valid for one year.
(e) An individual who holds a temporary courtesy license may apply to the Board for a renewal of the license for an additional year by submitting a renewal application to the Board and paying a renewal fee as set forth in N.J.A.C. 13:31-1.6.
(f) A nonresident military spouse who holds a temporary courtesy license pursuant to this section shall be entitled to the same rights and be subject to the same obligations as provided by the Board for New Jersey residents, except that revocation or suspension of a nonresident military spouse's license, registration, or certificate in the nonresident military spouse's state of residence or any jurisdiction in which the nonresident military spouse held licensure, registration, or certification shall automatically cause the same revocation or suspension of the person's temporary courtesy license in New Jersey, if that revocation or suspension was based on a charge or commission of a criminal offense, competency, or harmful or inappropriate behavior.
[page=564] SUBCHAPTER 5. QUALIFIED JOURNEYMAN ELECTRICIANS
13:31-5.1 Registration as qualified journeyman electrician
(a) (No change.)
(b) A nonresident military spouse as defined in N.J.A.C. 13:31-5.7(a) may apply for a temporary courtesy certificate of registration, if he or she satisfies the criteria set forth in N.J.A.C. 13:31-5.7(b) through (f).
13:31-5.7 Temporary courtesy registration as qualified journeyman electrician
(a) The following words and terms, as used in this section, shall have the following meanings, unless the context clearly indicates otherwise:
"Another jurisdiction" means the District of Columbia, a territory of the United States, or a state other than New Jersey.
"Nonresident military spouse" means a person who is not domiciled in this State who is the spouse of an active duty member of the Armed Forces of the United States, where the active duty service member is a resident of New Jersey for one of the following reasons:
1. He or she has been temporarily transferred to this State in the course of his or her military service;
2. He or she is legally domiciled in this State; or
3. He or she has moved to this State on a permanent change-of-station basis.
(b) An individual who is licensed, registered, or certified in another jurisdiction may apply to obtain a temporary courtesy certificate of registration as a qualified journeyman pursuant to N.J.S.A. 45:1-15.5, if he or she:
1. Meets the definition of nonresident military spouse set forth in (a) above;
2. Holds a license, registration, or certificate in good standing in a jurisdiction that has licensure, registration, or certification requirements equivalent to New Jersey's requirements for registration set forth in N.J.A.C. 13:31-5.1;
3. Has been engaged in the active practice of a qualified journeyman electrician for at least two of the five years immediately preceding the date of application for the temporary courtesy certificate of registration, for which purpose relevant full-time experience in the discharge of official duties in the Armed Forces of the United States or an agency of the Federal government shall be credited in the counting of years of service.
i. The Board may require a nonresident military spouse who has not been engaged in the active practice of a qualified journeyman electrician in another jurisdiction during the two years immediately preceding the application to undergo additional training, testing, mentoring, monitoring, or education as the Board determines necessary, to assure that the applicant practices with reasonable skill and safety. In making its determination whether the applicant must undergo additional training, testing, monitoring, or education, the Board shall consider the following factors including, but not limited to:
(1) Employment history;
(2) Professional history;
(3) Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of a qualified journeyman electrician or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and
(4) Civil litigation related to the practice of a qualified journeyman electrician or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;
4. Has not committed an act in another jurisdiction that would have constituted grounds for the denial, suspension, or revocation of his or her certificate of registration in New Jersey, has not been disciplined, or is not the subject of an investigation of an unresolved complaint or a review procedure or disciplinary proceeding conducted by, or is pending before, a professional or occupational licensing or credentialing entity in another jurisdiction;
5. Has satisfied any continuing education requirements in the jurisdiction meeting the requirements of (b)2 above, where he or she holds a current license, registration, or certificate to practice as a qualified journeyman electrician, and, at the discretion of the Board, completes such continuing education hours or credits as may be required by the Board within the time frame the Board may establish.
i. In making its determination whether the applicant must complete additional continuing education hours or credits, the Board shall consider the following factors including, but not limited to:
(1) Employment history;
(2) Professional history;
(3) Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the practice of a qualified journeyman electrician or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and
(4) Civil litigation related to the practice of a qualified journeyman electrician or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and
6. Completes a 10-hour course of study relating to the most recent edition of the National Electrical Code (Code), nine hours of which shall pertain to the Code and one hour of which shall pertain to applicable State statutes and rules. The course of study shall be provided by a Board-approved continuing education sponsor.
(c) An applicant for a temporary courtesy certificate of registration shall submit, or arrange to submit, to the Board:
1. A completed application form, provided by the Board;
2. A non-refundable application fee and a temporary courtesy registration fee as set forth in N.J.A.C. 13:31-1.6;
3. Written or electronic verification of status of licensure, registration, or certification from a jurisdiction in which the applicant is currently licensed, registered, or certified. The verification shall be sent directly to the Board from the applicable state board. The applicant shall also provide a list of all jurisdictions in which the applicant is currently or has been licensed, registered, or certified;
4. Proof that the applicant was engaged in the practice of a qualified journeyman electrician in another jurisdiction, including any time spent discharging official duties in the Armed Forces or for an agency of the Federal government, for at least two of the last five years immediately preceding the date of application.
(d) A temporary courtesy certificate of registration shall be valid for one year.
(e) An individual who holds a temporary courtesy certificate of registration may apply to the Board for a renewal of the registration for an additional year by submitting a renewal application to the Board and paying a renewal fee as set forth in N.J.A.C. 13:31-1.6.
(f) A nonresident military spouse who holds a temporary courtesy certificate of registration pursuant to this section shall be entitled to the same rights and be subject to the same obligations as provided by the Board for New Jersey residents, except that revocation or suspension of a nonresident military spouse's license, registration, or certificate in the nonresident military spouse's state of residence or any jurisdiction in which the nonresident military spouse held licensure, registration, or certification shall automatically cause the same revocation or suspension of the person's temporary courtesy certificate of registration in New Jersey, if that revocation or suspension was based on a charge or commission of a criminal offense, competency, or harmful or inappropriate behavior |
