Proposed New Rules: N.J.A.C. 13:31A-2.4 and 3.9
Fire Alarm, Burglar Alarm and Locksmith Advisory Committee
Credit Towards Licensure for Education, Training, and Experience Received While Serving as a Member of the Armed Forces
Authorized By: Board of Examiners of Electrical Contractors, David Freed, Acting Executive Director.
Authority: N.J.S.A. 45:5A-24, 45:5A-38, and P.L. 2013, c. 49.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2015-035.
Submit written comments by
June 5, 2015, to:
David Freed, Acting Executive Director
Board of Examiners of Electrical Contractors
124 Halsey Street
PO Box 45006
Newark, NJ 07101
or electronically at: See Below.
The agency proposal follows:
Summary
The Board of Examiners of Electrical Contractors (Board), in consultation with the Fire Alarm, Burglar Alarm and Locksmith Advisory Committee (Committee), is proposing to add new rules to N.J.A.C. 13:31A to implement P.L. 2013, c. 49 (Act), which mandates that a professional or occupational board designated in section 2 of P.L. 1978, c. 73 (N.J.S.A. 45:1-15) that issues a professional or occupational license is required to give credit towards its requirements for licensure for any portion of the training, education, and experience received while serving as a member of the Armed Forces of the United States (Armed Forces) that is substantially equivalent to the training, education, or experience required for licensure.
Proposed new N.J.A.C. 13:31A-2.4(a) and 3.9(a) would permit an applicant for a locksmith or alarm installer license who has been honorably discharged from the Armed Forces and who does not meet all of the training, education, and experience requirements for licensure under N.J.A.C. 13:31A-2.1 or 3.1, as applicable, to apply to the Committee for recognition of the applicant's training, education, and experience received while serving as a member of the Armed Forces as being substantially equivalent to the training, education, and experience required for licensure.
Proposed new N.J.A.C. 13:31A-2.4(b) and 3.9(b) set forth the evidence that the applicant would be required to provide to establish that the relevant education, training, and experience received while in the military is substantially equivalent in scope and character to the education, training, and experience required by the Committee for licensure. Proposed new N.J.A.C. 13:31A-2.4(b)2i and 3.9(b)2i would require the applicant to submit verification of his or her military experience and training to the Committee for determining substantial equivalence to the practical hands-on experience required under N.J.A.C. 13:31A-2.1 and 3.1, as applicable.
Proposed new N.J.A.C. 13:31A-2.4(b)2ii sets forth the procedure that an applicant for a locksmith license must follow to have his or her military education and/or training evaluated for substantial equivalence to the coursework requirements of N.J.A.C. 13:31A-2.1. Similarly, proposed N.J.A.C. 13:31A-3.9(b)2ii sets forth the procedure that an applicant for an alarm installer license must follow to have his or her military education and/or training evaluated for substantial equivalence to the technical coursework requirements of N.J.A.C. 13:31A-3.1, a bachelors' degree in electrical engineering, or a one-year course in the study of trade-related electronics at a technical school.
Proposed N.J.A.C. 13:31A-2.4(b)3 and 3.9(b)3 would require that the applicant comply with all other requirements for licensure, including successful completion of the examination requirement.
Under proposed new N.J.A.C. 13:31A-2.4(c) and 3.9(c), the applicant would be responsible for providing timely and complete evidence of the education, training, and/or experience gained in the military, for review and consideration. If all of the applicant's military training, education, or experience is not deemed substantially equivalent to the Committee's requirements, N.J.A.C. 13:31A-2.4(d) and 3.9(d) would require the Committee to credit whatever portion of the applicant's military training, education, or experience it deems to be substantially equivalent towards meeting the requirements of licensure. Additionally, proposed new N.J.A.C. 13:31A-2.4(e) and 3.9(e) provide that evidence of such education, training, or service will be assessed on a case-by-case basis.
The Board has provided a 60-day comment period for this notice of proposal. Therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.
Social Impact
The Board has determined that the proposed new rules would help New Jersey veterans transition from military to civilian life. New Jersey veterans who have received relevant training, education, and experience while in the military would be able to have that training, education, and experience evaluated for substantial equivalence to Committee requirements. Whatever portion of the veteran's training, education, and/or experience is found to be substantially equivalent would be credited towards the requirements for licensure. This procedure would create an efficient process for licensing veterans in professional careers who have received valuable education and work skills while in the military, benefitting veterans as noted in the Economic Impact statement below. Prospective employers may also benefit from the increased pool of qualified potential employees. The Board anticipates that the proposed new rules would have no adverse effect on public health, safety, or welfare.
Economic Impact
The Board believes that the proposed new rules may have a positive economic impact on New Jersey veterans. Crediting substantially equivalent education received in the military towards the requirements for licensure may save veterans tuition costs for duplicative education; crediting substantially equivalent training and experience may save veterans time in achieving licensure. Obtaining licensure may translate into landing higher paying jobs more quickly, which, in turn, may [page=689] 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 are governed by P.L. 2013, c. 49 and N.J.S.A. 45:5A-1 et seq., and are not subject to any Federal requirements or standards.
Jobs Impact
The Board does not believe that the proposed new rules will result in the creation or loss of jobs in the State, other than as discussed in the Economic Impact statement above.
Agriculture Industry Impact
The proposed new rules will have no impact on the agriculture industry in the State.
Regulatory Flexibility Statement
The Regulatory Flexibility 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 proposed new rules will apply. A regulatory flexibility analysis is not required because the proposed new rules only apply to applicants for licensure or certification who cannot be considered small businesses because they do not yet have a license to provide locksmithing services or to engage in the alarm business.
Housing Affordability Impact Analysis
The proposed new rules will have an insignificant impact on affordable 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 new rules require the Committee to grant credit for substantially equivalent education, training, and experience received while in the Armed Forces towards licensure.
Smart Growth Development Impact Analysis
The proposed new rules will have an insignificant impact on smart growth and there is an extreme unlikelihood that the 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 new rules require the Committee to grant credit for substantially equivalent education, training, and experience received while in the Armed Forces towards licensure.
Full text of the proposal follows (additions indicated in boldface
thus; deletion indicated in brackets [thus]):
SUBCHAPTER 2. LOCKSMITH LICENSURE
13:31A-2.4 [(Reserved)]
Credit towards locksmith licensure for education, training, and experience received while serving as a member of the Armed Forces
(a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and who does not meet all of the training, education, and experience requirements for locksmith licensure under N.J.A.C. 13:31A-2.1 may apply to the Committee for recognition of the applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Committee shall consider together with any training, education, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for locksmith licensure.
(b) The Committee shall issue a locksmith license to the applicant, if the applicant presents evidence to the Committee that:
1. The applicant has been honorably discharged from active military service;
2. The relevant training, experience, and education the applicant has received in the military, together with any training, education, and experience obtained outside of the military is substantially equivalent in scope and character to the training, experience, and education required for licensure under N.J.A.C. 13:31A-2.1.
i. An applicant seeking credit for military training and experience shall submit to the Committee the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586 or a successor form, as amended and supplemented.
ii. An applicant seeking credit for education courses completed while in the military shall submit to the Committee, a Joint Services Transcript of his or her education for a determination that the education courses completed is substantially equivalent in level, scope, and intent to the coursework requirements under N.J.A.C. 13:31A-2.1. For the purpose of determining substantial equivalence of the applicant's military education, the Committee shall consider only those courses relevant to the provision of locksmithing services that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula; and
3. The applicant complies with all other requirements for locksmith licensure, including, but not limited to, successful completion of the locksmith examination as set forth in N.J.A.C. 13:31A-2.3.
(c) It is the applicant's responsibility to provide timely and complete evidence of the education, training, and experience gained in the military for review and consideration in accordance with the requirements of this subchapter.
(d) If the applicant's military training, education, or experience, or a portion thereof, is deemed not to be substantially equivalent to that required for locksmith licensure, the Committee shall credit whatever portion of the military training, education, or experience that is substantially equivalent towards meeting the requirements under N.J.A.C. 13:31A-2.1 for the issuance of the locksmith license.
(e) Satisfactory evidence of such education, training, or experience will be assessed on a-case-by-case basis.
SUBCHAPTER 3. BURGLAR ALARM OR FIRE ALARM LICENSURE
13:31A-3.9 Credit towards burglar alarm or fire alarm licensure for education, training, and experience received while serving as a member of the Armed Forces
(a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and who does not meet all of the training, education, and experience requirements for licensure under N.J.A.C. 13:31A-3.1 may apply to the Committee for recognition of the applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Committee shall consider together with any training, education, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for licensure.
(b) The Committee shall issue a burglar alarm or fire alarm license, as applicable, to the applicant if the applicant presents evidence to the Committee that:
1. The applicant has been honorably discharged from active military service;
2. The relevant training, experience, and education the applicant has received in the military, together with any training, education, and experience obtained outside the military, is substantially equivalent in scope and character to the training, experience, and education required for licensure under N.J.A.C. 13:31A-3.1.
i. An applicant seeking credit for military training and experience shall submit to the Committee the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586 or a successor form, as amended and supplemented.
ii. An applicant seeking credit for education courses completed while in the military who has not completed the required technical courses described in N.J.A.C. 13:31A-3.1, earned a bachelor's degree in electrical engineering, or completed a one-year course in the study of trade-related electronics at a technical school, shall submit to the Committee a Joint Services Transcript of his or her education for a determination that the education courses completed while in the military, are substantially equivalent in level, scope, and intent to the educational course requirements under N.J.A.C. 13:31A-3.1. For the purpose of determining substantial equivalence of the applicant's military education, the Committee shall consider only those courses relevant to engaging in the burglar alarm or fire alarm business, as applicable to the field in which the applicant is seeking licensure, that [page=690]
have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula; and
3. The applicant complies with all other requirements for licensure, including successful completion of the burglar alarm or fire alarm examination, as applicable to the field in which the applicant is seeking licensure, as set forth in N.J.A.C. 13:31A-3.2.
(c) It is the applicant's responsibility to provide timely and complete evidence of the education, training, and/or experience gained in the military for review and consideration in accordance with the requirements of this subchapter.
(d) If the applicant's military training, education, or experience, or a portion thereof, is deemed not to be substantially equivalent to that required for licensure, the Committee shall credit whatever portion of the military training, education, or experience that is substantially equivalent towards meeting the requirements under N.J.A.C. 13:31A-3.1 for the issuance of the burglar alarm or fire alarm license, as applicable.
(e) Satisfactory evidence of such education, training, or experience will be assessed on a case-by-case basis.
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