New Jersey Statutes and Regulations For Professional Land Surveyors & Professional Engineers

Transcription

1 New Jersey Statutes and Regulations For Professional Land Surveyors & Professional Engineers Presented by: Lewis H. Conley, Jr., PLS & PP February 4, 2016

2 PLEASE READ The official text of New Jersey Statutes can be found through the home page of the New Jersey Legislature New Jersey Statutes Annotated (N.J.S.A.), published by Thomson West, provides the official annotated statutes for New Jersey. The statutes in PDF form provided on this website by the Division of Consumer Affairs are unofficial courtesy copies, which may differ from the official text. Although every effort is made to ensure that the text of the courtesy copies is identical to the official version, if any discrepancies exit between the text on this website and the official version, the official version will govern.

3 State Board of Professional Engineers and Land Surveyors Table of Contents 45:8-27. License required; display of license; exceptions; corporations, firms, partnerships and associations :8-28. Definitions :8-29. Examining board :8-30. Board of Professional Engineers, Land Surveyors :8-31. Oath of members; filing; duty of Attorney General; powers of board; compelling compliance with subpoena :8-32. Meetings; officers :8-33. Itemized account to be kept; report; filing; forwarding to Attorney-General :8-34. Records; proceedings of examining board; applicants for licenses; evidence :8-35. Applications for license, certificate of registration; fees; qualifications; evidence of qualifications; examination : Licensed architects may be licensed as professional engineers; examination : Continuing professional competency credits required for certification : Duties of board : Board to establish procedures : Board may waive requirements : Credits not required for initial registration : Prorating of credits : Proof of completion of credits : Failure to complete professional competency requirements; penalty : Carryover of credits : Continuing education required for licensure : Duties of board relative to subject matter, contents : Procedures established by board : Discretionary waiver of requirements : Inapplicability to initial registration : Commencement of continuing education requirements : Proof of completion : Requirements for professional engineer, land surveyor : Carryover of credits

4 45:8-36. Certificates : Use of title "professional land surveyor" : Retirement procedures; resuming practice after retirement : Waiver of corner marker requirements for certain land surveying work :8-37. Expiration and renewal of licenses; fees; revocation on failure to renew license :8-39. Practice without license and other violations; penalties; actions for penalties :8-40. Persons exempt :8-41. Licensed engineers and surveyors on public contracts or works required :8-42. Employment of licensed engineers by governmental departments :8-43. Filing of name of engineer engaged by governmental departments; employment of engineers and land surveyors : Authority of land surveyors to go on, over and upon lands of others during reasonable hours : Entry not trespass; immunity from arrest or civil action : Destruction, injury or damage to land; prohibition; liability : Nonliability of owner or lessee of land : Inapplicability of act to lands traversed by operating railroad :8-45. Certificate and seal of licensed engineer, surveyor or architect on plans and specifications on public work :8-47. Effect on other professions :8-48. Partial invalidity; construction of chapter :8-49. Repealer :8-56. Certificate of authorization :8-57. Contents of application; biennial renewal fee :8-58. Powers of board :8-59. Records to establish regular, effective supervision :8-60. Responsibility for acts of agents, employees, officers... 25

5 State Board of Professional Engineers and Land Surveyors 45:8-27. License required; display of license; exceptions; corporations, firms, partnerships and associations In order to safeguard life, health and property, and promote the public welfare, any person practicing or offering to practice professional engineering or professional land surveying in this State shall hereafter be required to submit evidence that he is qualified so to practice and shall be licensed as hereinafter provided. After the date upon which this chapter becomes effective, it shall be unlawful for any person to practice or to offer to practice engineering or land surveying in this State, or to use the title professional engineer or land surveyor or any other title, sign, card or device in such manner as to tend to convey the impression that such person is practicing engineering or land surveying or is a professional engineer or land surveyor, unless such person is duly licensed under the provisions of this chapter. Every holder of a license shall display it in a conspicuous place in his principal office, place of business or employment. No corporation, firm, partnership or association shall be granted a license under this chapter; however, certain corporations shall be required to obtain a certificate of authorization as provided pursuant to P.L.1989, c.276 (C.45:8-56 et al.). No corporation, firm, partnership or association shall use or assume a name involving the word "engineers" or "engineering" or any modification or derivative of such terms, unless an executive officer, if a corporation, or a member, if a firm, partnership or association, shall be a licensed professional engineer of the State of New Jersey. No corporation, firm, partnership or association shall use or assume a name involving the words "surveyors," "land surveyors," "surveying," or "land surveying," or any modification or derivative of such terms, unless an executive officer, if a corporation, or a member, if a firm, partnership, or association, shall be a licensed land surveyor of the State of New Jersey. No corporation, firm, partnership or association shall practice or offer to practice engineering or land surveying in this State unless the person or persons in responsible charge of engineering or land surveying work shall be so licensed to practice in this State. The person or persons carrying on the actual practice of professional engineering or land surveying on behalf of or designated as "engineers" or "surveyors" or "professional engineers" or "land surveyors," with or without qualifying or characterizing words, by any such corporations, firms, partnerships or associations, shall be licensed to practice professional engineering or land surveying as provided in this chapter. Services constituting the practice of professional engineering shall not be rendered or offered through any business association other than a sole proprietorship of a professional engineer, a partnership of professional engineers, a partnership of closely allied professionals including at least one professional engineer, a professional service corporation established pursuant to the "Professional Service Corporation Act," P.L.1969, c.232 (C.14A:17-1 et seq.) or a corporation authorized pursuant to P.L.1989, c.276 (C.45:8-56 et al.). Services constituting the practice of land surveying shall not be rendered or offered through any business association other than a sole proprietorship of a land surveyor, a partnership of land surveyors, a partnership of closely allied professionals including at least one land surveyor, a professional service corporation established pursuant to the "Professional Service Corporation Act," P.L.1969, c.232 (C.14A:17-1 et seq.) or a corporation authorized pursuant to P.L.1989, c.276 (C.45:8-56 et al.). Nothing in this act shall be construed as required licensing for the purpose of practicing professional engineering or land surveying by any person, firm, or corporation upon property owned or leased by Revised 2/21/13 Page 1

6 State Board of Professional Engineers and Land Surveyors such person, firm or corporation, unless the same involves the public safety, public health or public welfare. L.1938, c.342, s.1; amended 1947,c.60,s.1; 1950,c.149,s.1; 1970,c.177,s.1; 1989,c.276,s.1. 45:8-28. Definitions 2. (a) The term "professional engineer" within the meaning and intent of this chapter shall mean a person who by reason of his special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design, acquired by professional education and practical experience, is qualified to practice engineering as hereinafter defined as attested by his license as a professional engineer. (b) The terms "practice of engineering" or "professional engineering" within the meaning and intent of this chapter shall mean any service or creative work the adequate performance of which requires engineering education, training, and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems, planning the use of land and water, engineering studies, and the administration of construction for the purpose of determining compliance with drawings and specifications; any of which embraces such services or work, either public or private, in connection with any engineering project including: utilities, structures, buildings, machines, equipment, processes, work systems, projects, telecommunications, or equipment of a mechanical, electrical, hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the planning, progress and completion of any engineering services. The design of buildings by professional engineers shall be consistent with section 7 of the "Building Design Services Act," P.L.1989, c.277 (C.45:4B-7). The practice of professional engineering shall not include the work ordinarily performed by persons who operate or maintain machinery or equipment. The provisions of this chapter shall not be construed to prevent or affect the employment of architects in connection with engineering projects within the scope of the act to regulate the practice of architecture and all the amendments and supplements thereto. A person shall be construed to practice or offer to practice engineering, within the meaning and intent of this chapter, who practices any branch of the profession of engineering; or who, by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself to be a professional engineer, or through the use of some other title utilizing or including the word engineer, implies that he is a professional engineer; or who represents himself as able to perform, or who does perform any engineering service or work or any other professional service recognized by the board as professional engineering. Nothing herein shall prohibit licensed architects from providing or offering services consistent with the "Building Design Services Act," P.L.1989, c.277 (C.45:4B-1 et seq.). (c) The term "engineer-in-training" as used in this chapter shall mean a person who is a potential candidate for license as a professional engineer who is a graduate in an approved engineering curriculum of four years or more from a school or college accredited by the board as of satisfactory Revised 2/21/13 Page 2

7 State Board of Professional Engineers and Land Surveyors standing, and who, in addition, has successfully passed an examination in the fundamental engineering subjects, as defined elsewhere herein. (d) The term "land surveyor" as used in this chapter shall mean a person who is a professional specialist in the technique of measuring land, educated in the principles of mathematics, the related physical and applied sciences, and the relevant requirements of law, all requisite to the practice of land surveying as attested by his license as a land surveyor. (e) The term "practice of land surveying" within the meaning and intent of this chapter shall mean any service or work the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences and the relevant requirements of law to the act of measuring and locating distances, directions, elevations, natural and man-made topographical features in the air, on the surface of the earth, within underground workings, and on beds of bodies of water for the purpose of determining areas and volumes, and for the establishing of horizontal and vertical control as it relates to construction stake-out, for the monumentation of property boundaries and for the platting and layout of lands and subdivisions thereof and for the preparation and perpetuation of maps, record plats, field notes, records and property descriptions in manual and computer coded form that represent these surveys. The practice of land surveying shall include the establishment and maintenance of the base mapping and related control for land information systems that are developed from the above referenced definition of the practice of land surveying. For purposes of this subsection, "land information systems" means any computer coded spatial database designed for multi-purpose public use developed from or based on property boundaries. A person who engages in the practice of land surveying; or who, by verbal claim, sign, advertisement, letterhead, card or in any other way represents himself to be a land surveyor or professional surveyor; or who represents himself as able to perform any land surveying service or work or any service which is recognized as within the practice of land surveying shall be deemed to practice or offer to practice land surveying. Nothing in this chapter shall preclude a person licensed by the board as a professional engineer from performing those measurements necessary for the design, construction stake-out, construction and post-construction records of an engineering project, provided that these measurements are not related to property lines, lot lines, easement lines, or right-of-way lines, the establishment of which are required to be made by a land surveyor. (f) The term "board" as used in this chapter shall mean the State Board of Professional Engineers and Land Surveyors. (g) The term "responsible charge" as used in this chapter shall mean the rendering of regular and effective supervision by a competent professional engineer or land surveyor to those individuals performing services which directly and materially affect the quality and competence of the professional services rendered by the licensee. A licensee engaged in any of the following acts or practices shall be deemed not to have rendered regular and effective supervision: (1) The regular and continuous absence from principal office premises from which professional services are rendered, except for performance of field work or presence in a field office maintained exclusively for a specific project; Revised 2/21/13 Page 3

8 State Board of Professional Engineers and Land Surveyors (2) The failure to personally inspect or review the work of subordinates where necessary and appropriate; (3) The rendering of a limited, cursory or perfunctory review of plans or projects in lieu of an appropriate detailed review; (4) The failure to personally be available on a reasonable basis or with adequate advance notice for consultation and inspection where circumstances require personal availability. (h) The term "certificate of authorization" shall mean a certificate issued by the board pursuant to this amendatory and supplementary act. (i) The term "joint committee" shall mean the Joint Committee of Architects and Engineers established pursuant to the "Building Design Services Act," P.L.1989, c.277 (C.45:4B-1 et seq.). (j) The term "closely allied professional" as used in this chapter shall mean and is limited to licensed architects, professional engineers, land surveyors, and professional planners. (k) The term "telecommunications" as used in this chapter, shall mean, as it is applied to the practice of engineering, subjects which deal with the generation, transmission, receiving, and processing of information bearing signals for the purpose of fulfilling a particular communication need. The most common forms of signals are those encountered in voice, image and data transmission. Subjects relevant to telecommunications include but are not limited to: analog and digital circuits, propagation of electromagnetic energy through guided media such as a transmission line, fibers, wave guides, and unguided media such as free space as in broadcast and mobile communication systems, communication theory, including modulation, noise interference, and the interface with computers. (l) The term "surveyor-in-training" as used in this chapter shall mean a person who is a potential candidate for licensure as a land surveyor, who is a graduate in an approved surveying curriculum of four years or more from a school or college accredited by the board as of satisfactory standing, and who, in addition, has successfully passed an examination in the fundamental surveying subjects, approved by the board pursuant to section 9 of P.L. 1938, c.342 (C.45:8-35). L.1938,c.342,s.2; amended 1950,c.149,s.2; 1970,c.177,s.2; 1977,c.340,s.1; 1989,c.276,s.2; 1992,c.64,s.1. 45:8-29. Examining board To carry out the provisions of this chapter, there is hereby created an examining board for the licensing of professional engineers and land surveyors, and the certification of engineers-in-training, which board shall consist of ten members, two of whom shall be public members and one of whom shall be a State executive department member appointed pursuant to the provisions of P.L. 1971, c. 60 (C. 45:1-2.1 et seq.). Each of the remaining seven members shall be appointed by the Governor of the State of New Jersey, with the advice and consent of the Senate, within sixty days after the passage of this chapter, or as soon as practicable thereafter. The members of said board shall be appointed to serve for a term of five years, one of which shall expire each calendar year. The two members added by this 1985 amendatory act shall be appointed as soon as practicable by the Governor, with the advice and consent of the Senate, one for a term to end April 30 of the third year after appointment and one for a term to end April 30 of the fourth year after appointment. Thereafter, each member shall hold office after the Revised 2/21/13 Page 4

9 State Board of Professional Engineers and Land Surveyors expiration of his term until his successor shall be duly appointed and qualified. A member of the board shall not be eligible to succeed himself more than once, except that the present members of the board shall be eligible to succeed themselves once hereafter. The terms of office of the members of said board shall commence on the first day of May. Vacancies in the membership of the board, however created, shall be filled by appointment of the Governor, with the advice and consent of the Senate, for any unexpired term, and for each five-year term. Notwithstanding anything herein contained, the present members of the State board shall continue in office as members of said board until their present respective terms expire, except as provided elsewhere herein for removal. To supervise all necessary administrative work of the board, there is hereby created the position of secretary-director to the board. The board shall appoint such a secretary-director, to serve for a term of five years, at a salary determined by the board. Duties of the secretary-director of the board shall be those defined by the board. The secretary-director of the board shall not be a member of the board. The board may provide for the creation of additional positions, as deemed necessary to make effective the provisions of this act. The board shall arrange through lease or otherwise to maintain suitable offices within the State of New Jersey for the conduct of the business of the board. L. 1938, c. 342, p. 854, s. 3. Amended by L. 1939, c. 339, p. 820, s. 1; L. 1950, c. 149, p. 313, s. 3; L. 1985, c. 146, s. 1, eff. April 24, :8-30. Board of Professional Engineers, Land Surveyors Said board, when so appointed, shall be designated and known as the "State Board of Professional Engineers and Land Surveyors." All persons appointed to the said board shall be citizens of the United States and residents of the State of New Jersey. Appointees, other than the two public members and the State executive department member appointed pursuant to the provisions of P.L. 1971, c. 60 (C. 45:1-2.1 et seq.) and the two appointees added pursuant to this 1985 amendatory act, shall have been licensed as professional engineers in New Jersey for a period of at least five years, at least one member of whom shall also be a licensed land surveyor and the two appointees added pursuant to this 1985 amendatory act and their successors shall have been licensed as professional land surveyors in this State for a period of at least five years. The Governor may remove any member of the board after hearing, for misconduct, incompetency, neglect of duty or for any other sufficient cause. Each member of the board shall receive $50.00 for each day of actual service in attending meetings of the board at which business is transacted, and not to exceed $1, a year for each member and, in addition, shall be reimbursed for all necessary expenses, incidental to their duties as members of said board, incurred in carrying out the provisions of this chapter. L. 1938, c. 342, p. 854, s. 4. Amended by L. 1939, c. 339, p. 822, s. 2; L. 1950, c. 149, p. 314, s. 4; L. 1968, c. 80, s. 1, eff. June 21, 1968; L. 1985, c. 146, s. 2, eff. April 24, Revised 2/21/13 Page 5

10 State Board of Professional Engineers and Land Surveyors 45:8-31. Oath of members; filing; duty of Attorney General; powers of board; compelling compliance with subpoena Each member of the examining board before entering upon the duties of his office, shall subscribe to an official oath of office as provided by section 41:1-3 of the Title, Oaths and Affidavits, of the Revised Statutes, which oath shall be filed in the office of the Secretary of State. The examining board shall be entitled to the services of the Attorney-General in connection with the affairs of the board and the board shall have power to compel the attendance of witnesses, and any member thereof may administer oaths and the board may take testimony and proofs concerning any matters within its jurisdiction. The board shall adopt and have an official seal. In carrying into effect the provisions of this chapter, the board may, under the hand of its president and the seal of the board, subpoena witnesses and compel their attendance, and also may require the production of books, papers, documents, et cetera, in a case involving the revocation of license or practicing or offering to practice without license. If any person shall refuse to obey any subpoena so issued, or shall refuse to testify or produce any books, papers or documents, the board may apply ex parte to the Superior Court to compel the person to comply forthwith with the subpoena. L.1938, c. 342, p. 855, s. 5. Amended by L.1939, c. 339, p. 823, s. 3; L.1950, c. 149, p. 314, s. 5; L.1953, c. 43, p. 803, s. 37; L.1953, c. 428, p. 2163, s :8-32. Meetings; officers Said examining board shall at its annual meeting to be held in May organize by electing a president and vice-president, who shall be members of the board. The secretary-director shall furnish bond for the faithful performance of his duties in such sum as required by law. Premium for said bond shall be regarded as a proper and necessary expense of the board. Said board shall meet at least every two months and special meetings may be held at such times as called by the president. A majority of the voting members of the board shall constitute a quorum and no action of the board shall be taken except upon the affirmative vote of a majority of the members of the entire board. L. 1938, c. 342, p. 856, s. 6. Amended by L. 1939, c. 339, p. 824, s. 4; L. 1950, c. 149, p. 315, s. 6; L. 1985, c. 146, s. 3, eff. April 24, :8-33. Itemized account to be kept; report; filing; forwarding to Attorney-General An itemized account of all receipts and expenditures of the board shall be kept by the said secretary-director and a detailed report thereof, verified by the affidavit of said secretary-director, shall be filed with the Director of Division of Budget and Accounting, Department of the Treasury, within twenty days after the close of the fiscal year. A copy of this report shall be forwarded also to the office of the Attorney-General, as head of the Department of Law and Public Safety. Revised 2/21/13 Page 6

11 State Board of Professional Engineers and Land Surveyors L.1938, c. 342, p. 857, s. 7. Amended by L.1939, c. 339, p. 824, s. 5; L.1950, c. 149, p. 316, s :8-34. Records; proceedings of examining board; applicants for licenses; evidence The examining board shall keep a record of its proceedings and a record of all applicants for license, showing for each the date of application, name, age, education and other qualifications, place of business and place of residence, whether or not an examination was required and whether the applicant was rejected or a certificate of license granted, and the date of such action. The books and register of the examining board shall be prima facie evidence of all matters recorded therein. A public register showing the names and places of business and residences of all licensed professional engineers and land surveyors and engineers-in-training shall be prepared under the direction of the secretary-director during the month of June of each year; such public register shall be printed and a copy mailed to each licensee and a copy mailed to the clerk of each city, town, township, village, borough, county and other municipal corporation of this State, which public register shall be placed on file in the office of the said clerk. L.1938, c. 342, p. 857, s. 8. Amended by L.1950, c. 149, p. 316, s :8-35. Applications for license, certificate of registration; fees; qualifications; evidence of qualifications; examination 9. Applications for license as professional engineers shall be on forms prescribed and furnished by the board, shall contain statements under oath, showing the applicant's education and detailed statement of his engineering experience, and shall contain not less than five references, of whom three or more shall be licensed professional engineers having personal knowledge of the applicant's engineering experience. The application fee for professional engineers shall be set by the board and shall accompany the application. Applications for license as land surveyors shall be on forms prescribed and furnished by the board, shall contain statements under oath, showing the applicant's education and detailed statement of his land surveying experience, and shall contain not less than five references, of whom three or more shall be licensed land surveyors having personal knowledge of the applicant's land surveying experience. The application fee for land surveyors shall be set by the board and shall accompany the application. Applications for a certificate of registration as "engineer-in-training" shall be on forms prescribed and furnished by the board, shall be accompanied by a fee set by the board and shall contain the names of three references of whom at least one shall be a professional engineer having personal knowledge of the applicant's engineering education, experience or training. Applications for a certificate of registration as "surveyor-in-training" shall be on forms prescribed and furnished by the board, shall be accompanied by a fee set by the board and shall contain the names of three references of whom at least one shall be a licensed land surveyor having personal knowledge of the applicant's surveying education, experience or training. All application fees shall be retained by the board. Revised 2/21/13 Page 7

12 State Board of Professional Engineers and Land Surveyors The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for a license as a professional engineer, or as a land surveyor, or for certificate of registration as an engineer-in-training or a surveyor-in-training, to wit: (1) As a professional engineer: a. Graduation from a board approved curriculum in engineering of four years or more; a specific record of an additional four years or more of experience in engineering work of a character satisfactory to the board, and indicating that the applicant is competent to be placed in responsible charge of such work; and successfully passing all parts of the written examination; or b. Graduation from a board approved curriculum in engineering technology of four years or more; a specific record of an additional six years or more of experience in engineering work of a character satisfactory to the board, and indicating that the applicant is competent to be placed in responsible charge of such work; and successfully passing all parts of the written examination; or c. Graduation from a board approved curriculum in engineering or engineering technology of four years or more; a specific record of an additional 15 years or more of experience in engineering work of a character satisfactory to the board and indicating that the applicant is competent to be placed in responsible charge of such work; and successfully passing the specialized portion of the written examination which is designated as Part P; or d. (Deleted by amendment, P.L.1989, c.276.) e. A certificate of registration, issued by any state or territory or possession of the United States, or of any country, may, in the discretion of the board, be accepted as minimum evidence satisfactory to the board that the applicant is qualified for registration as a professional engineer; provided that the minimum requirements for examination and license by the issuing agency in effect at the time of application to the issuing agency, which the applicant satisfied in order to qualify for examination by that issuing agency, are at least comparable to those same minimum requirements of the board which were in effect in this State at that time; and provided that the applicant has not failed any portion of a nationally administered, two-day examination, required by the board, that was taken in order to receive licensure by the issuing agency. (2) As a land surveyor: a. (i) Until December 31, 1990, successful completion of a board approved program in surveying in a school or college approved by the board as of satisfactory standing; an additional four years or more of experience in land surveying work of a character satisfactory to the board and indicating that the applicant is competent to be placed in responsible charge of such work; and successfully passing a written examination; or (ii) Effective January 1, 1991, graduation from a board approved curriculum in surveying of four years or more; an additional three years or more of experience in land surveying work of a character satisfactory to the board and indicating that the applicant is competent to be placed in responsible charge of that work; and successfully passing all parts of the written examination; or Revised 2/21/13 Page 8

13 State Board of Professional Engineers and Land Surveyors b. Until December 31, 1990, successfully passing a written examination in surveying prescribed by the board; and a specific record of six years or more of experience in land surveying work of a character satisfactory to the board and indicating that the applicant is competent to be placed in responsible charge of such work; or c. (Deleted by amendment, P.L.1977, c.340.) d. A certificate of registration, issued by any state or territory or possession of the United States, or of any country, may, in the discretion of the board, be accepted as minimum evidence satisfactory to the board that the applicant is qualified for registration as a land surveyor; provided that the minimum requirements for examination and license by the issuing agency in effect at the time of application to the issuing agency, which the applicant satisfied in order to qualify for examination by that issuing agency, are at least comparable to those same minimum requirements of the board which were in effect in this State at that time; and provided that the issuing agency attests to the licensing criteria at the time of the applicant's original licensure in that jurisdiction, and the applicant receives a passing grade on the New Jersey specific portion of the current land surveying examination and any portions of a nationally administered twoday examination required by the board not already passed by the applicant. (3) As an engineer-in-training: a. Graduation from a board approved curriculum in engineering or engineering technology of four years or more; and successfully passing the fundamentals portion of the written examination which is designated as Part F. b. (Deleted by amendment, P.L.1989, c.276.) (4) As a surveyor-in-training: Graduation from a board approved curriculum in land surveying of four years or more; and successfully passing the fundamentals portion of a board approved written examination. Qualifications for professional engineers. An applicant for license as a professional engineer shall be able to speak and write the English language. All applicants shall be of good character and reputation. Completion of a master's degree in engineering shall be considered as equivalent to one year of engineering experience and completion of a doctor's degree in engineering shall be considered as equivalent to one additional year of engineering experience. In considering the qualifications of applicants, engineering teaching experience may be considered as engineering experience for a credit not to exceed two years. The mere execution, as a contractor, of work designed by a professional engineer, or the supervision of construction of such work as a foreman or superintendent, or the observation of construction as an inspector or witness shall not be deemed to be experience in engineering work. Any person having the necessary qualifications prescribed in this chapter to entitle him to a license shall be eligible for such license, although he may not be practicing his profession at the time of making the application. Revised 2/21/13 Page 9

14 State Board of Professional Engineers and Land Surveyors A quorum of the examining board shall not be required for the purpose of passing upon the issuance of a license to any applicant; provided that no action on any application shall be taken without at least three votes in accord. Engineering experience of a character satisfactory to the board shall be determined by the board's evaluation of the applicant's experience relative to the ability to design and supervise engineering projects and works so as to insure the safety of life, health and property. The scope of the examination for professional engineering and methods of procedure shall be prescribed by the board with special reference to the applicant's ability to design and supervise engineering projects and works so as to insure the safety of life, health and property. An examination shall be given for the purpose of determining the qualifications of applicants for license in professional engineering. A candidate failing an examination may apply for reexamination to the extent permitted by regulations of the board. Subsequent examinations will require the payment of fees set by the board. The board shall schedule at least two examinations per year, with dates and places to be determined by the board. Examinations of applicants for license as professional engineers will be divided into two parts, as follows: Part F--Fundamentals of Engineering--This examination is intended to assess the applicant's competency in the fundamental engineering subjects and basic engineering sciences, such as mathematics, chemistry, physics, statistics, dynamics, materials science, mechanics of materials, structures, fluid mechanics, hydraulics, thermodynamics, electrical theory, and economics. A knowledge of P.L.1938, c.342 (C.45:8-27 et seq.) is also required. Part P--Specialized Training--This examination is intended to assess the extent of the applicant's more advanced and specialized professional training and experience especially in his chosen field of engineering. Applicants for certificates of registration as engineers-in-training shall qualify by satisfactorily passing the fundamentals portion of the written examination. The scope, time and place of the examinations for applicants for certificates of registration as "engineers-in-training" shall be prescribed by the board. A candidate failing an examination may apply for reexamination to the extent permitted by the regulations of the board. Subsequent examinations will require the payment of fees set by the board. Qualifications for land surveyors. An applicant for license as a land surveyor shall be able to speak and write the English language. All applicants shall be of good character and reputation. Completion of a master's degree in surveying shall be considered as equivalent to one year of surveying experience and completion of a doctor's degree in surveying shall be considered as equivalent to one additional year of surveying experience. In considering the qualifications of applicants, survey teaching experience may be considered as surveying experience for a credit not to exceed two years. Revised 2/21/13 Page 10

15 State Board of Professional Engineers and Land Surveyors In determining whether an applicant's experience is satisfactory for licensure, the board shall consider whether the applicant has demonstrated the ability to perform, manage and supervise field and office surveying activities and works so as to insure the safety of life, health and property. An examination shall be given for the purpose of determining the qualifications of applicants for license in land surveying. The content of the examination for land surveying and methods of procedure shall be prescribed by the board with emphasis upon the applicant's ability to supervise land surveying projects and works. A candidate failing an examination may apply for reexamination to the extent permitted by regulations of the board. Subsequent examinations will require the payment of fees set by the board. The board shall schedule at least two examinations per year, with dates and places to be determined by the board. Examinations of applicants for license as land surveyors shall be divided into two parts, as follows: Part F--Fundamentals of Land Surveying--This examination is intended to assess the applicant's competency in the fundamental surveying subjects and basic surveying sciences, including, but not limited to, mathematics, chemistry, physics, statistics, dynamics, boundary law, real estate law, and economics. A knowledge of P.L.1938, c.342 (C.45:8-27 et seq.) is also required. Part P--Specialized Training--This examination is intended to assess the extent of the applicant's more advanced and specialized professional training and experience in the field of land surveying. Applicants for certificates of registration as surveyors-in-training shall qualify by satisfactorily passing the fundamentals portion of the written examination. The scope, time and place of the examinations for applicants for certificates of registration as "surveyors-in-training" shall be prescribed by the board. A candidate failing an examination may apply for reexamination to the extent permitted by the regulations of the board. Subsequent examinations will require the payment of fees set by the board. L.1938,c.342,s.9; amended 1950,c.149,s.9; 1959,c.61,s.1; 1977,c.340,s.2; 1985,c.31; 1989,c.276,s.3; 1992,c.64,s.2;, 1994,c : Licensed architects may be licensed as professional engineers; examination Any architect who is duly licensed to practice architecture in this State, provided he has a college degree in a program or curriculum of four years or more, shall be entitled to be licensed to engage in the practice of professional engineering upon application therefor to the State Board of Professional Engineers and Land Surveyors, and upon satisfactorily passing that part of an examination limited solely to specialized training of engineers, and which is now designated as Part P thereof. Such applicant shall be examined, according to the limitation herein provided, at a regularly conducted examination for applicants for license as professional engineer. L.1952, c.130, s.1; amended 1989,c.276,s.5. 45: Continuing professional competency credits required for certification 1. The State Board of Professional Engineers and Land Surveyors shall require each person licensed as a land surveyor, as a condition for biennial certification pursuant to P.L.1938, c.342 (C.45:8-27 et seq.) Revised 2/21/13 Page 11

16 State Board of Professional Engineers and Land Surveyors and P.L.1972, c.108 (C.45:1-7), to complete not more than 24 credits of continuing professional competency relating to the practice of land surveying, as provided in section 2 of this act, during each biennial registration period. L.1993,c.39,s.1. 45: Duties of board 2. a. The board shall: (1) Establish standards for continuing professional competency in land surveying, including the subject matter and content of courses of study, which shall be in conformity with a national model, such as that of the National Council of Examiners for Engineering and Surveying; (2) Approve educational programs offering credit towards the continuing professional competency in land surveying requirements; and (3) Approve other equivalent educational programs, including, but not limited to, meetings of constituents and components of land surveying associations and other appropriate professional and technical associations recognized by the board, examinations, papers, publications, technical presentations, teaching and research appointments and technical exhibits, and shall establish procedures for the issuance of credit upon satisfactory proof of the completion of these programs. b. In the case of education courses and programs, each hour of instruction shall be equivalent to one credit. L.1993,c.39,s.2. 45: Board to establish procedures 3. The board shall: a. Establish procedures for monitoring compliance with the land surveying continuing professional competency requirements; and b. Establish procedures to evaluate and grant approval to providers of continuing professional competency in land surveying. L.1993,c.39,s.3. 45: Board may waive requirements 4. The board may, in its discretion, waive requirements for continuing professional competency in land surveying on an individual basis for reasons of hardship such as illness or disability, service in the armed forces of the United States of America, retirement of the license, or other good cause. L.1993,c.39,s.4. Revised 2/21/13 Page 12

17 State Board of Professional Engineers and Land Surveyors 45: Credits not required for initial registration 5. The board shall not require completion of land surveying continuing professional competency credits for initial registration. L.1993,c.39,s.5. 45: Prorating of credits 6. a. The board shall not require completion of land surveying continuing professional competency credits for any certification periods commencing within 12 months of the effective date of this act. b. The board shall require completion of land surveying continuing professional competency credits on a pro rata basis for any certification periods commencing more than 12 but less than 24 months following the effective date of this act. L.1993,c.39,s.6. 45: Proof of completion of credits 7. The board shall accept as proof of completion of continuing professional competency program credits documentation submitted by a person licensed as a land surveyor or by any entity offering a continuing professional competency program approved by the board pursuant to section 2 of this act. L.1993,c.39,s.7. 45: Failure to complete professional competency requirements; penalty 8. Any person who fails to complete the continuing professional competency requirements established pursuant to section 1 of this act shall be liable to a civil penalty of not more than $500 or additional hours of continuing professional competency in land surveying, or both, as imposed by the board, for a first offense. A second or subsequent offense by a licensee shall be considered professional misconduct pursuant to the provisions of P.L.1938, c.342 (C.45:8-27 et seq.) and P.L.1978, c.73 (C.45:1-14 et seq.). L.1993,c.39,s.8. 45: Carryover of credits 9. The board shall allow a land surveyor to carry over a maximum of eight continuing professional competency credits to the next biennial certification period. L.1993,c.39,s.9. Revised 2/21/13 Page 13

18 State Board of Professional Engineers and Land Surveyors 45: Continuing education required for licensure. 1. The State Board of Professional Engineers and Land Surveyors shall require each person licensed as a professional engineer, as a condition for biennial licensure pursuant to P.L.1938, c.342 (C.45:8-27 et seq.) and P.L.1972, c.108 (C.45:1-7), to complete not more than 24 credits of continuing professional competency relating to the practice of professional engineering, as provided in section 2 of this act, during each biennial registration period. L.2009, c.294, s.1. 45: Duties of board relative to subject matter, contents. 2. a. The board shall: (1) Establish standards for continuing professional competency in professional engineering, including the subject matter and content of courses of study, which shall be in conformity with a national model, such as that of the National Council of Examiners for Engineering and Surveying; (2) Approve educational programs offering credit towards the continuing professional competency in engineering requirements; and (3) Approve other equivalent educational programs, including, but not limited to, meetings of constituents and components of professional engineering associations and other appropriate professional and technical associations when an engineering topic is presented as a principal part of the program, examinations, papers, publications, technical presentations, teaching and research appointments, technical exhibits, management, leadership or ethics courses, and correspondence courses on engineering topics where a final examination is required and shall establish procedures for the issuance of credit upon satisfactory proof of the completion of these programs. b. In the case of education courses and programs, each hour of instruction shall be equivalent to one credit. c. Two of the 24 credits of continuing professional competency required pursuant to section 1 of this act shall be in professional practice ethics. L.2009, c.294, s.2. 45: Procedures established by board. 3. The board shall: a. Establish procedures for monitoring compliance with the professional engineering continuing professional competency requirements; and b. Establish procedures to evaluate and grant approval to providers of continuing professional competency in professional engineering. L.2009, c.294, s.3. Revised 2/21/13 Page 14

19 State Board of Professional Engineers and Land Surveyors 45: Discretionary waiver of requirements. 4. The board may, in its discretion, waive requirements for continuing professional competency in professional engineering on an individual basis for reasons of hardship such as illness or disability, service in the armed forces of the United States of America, retirement of the license, or other good cause. L.2009, c.294, s.4. 45: Inapplicability to initial registration. 5. The board shall not require completion of professional engineering continuing professional competency credits for initial registration. L.2009, c.294, s.5. 45: Commencement of continuing education requirements. 6. a. The board shall not require completion of professional engineering continuing professional competency credits for any licensure periods commencing within 12 months of the effective date of this act. b. The board shall require completion of professional engineering continuing professional competency credits on a pro rata basis for any licensure periods commencing more than 12 but less than 24 months following the effective date of this act. L.2009, c.294, s.6. 45: Proof of completion. 7. The board may accept as proof of completion of continuing professional competency program credits: a. documentation submitted by a person licensed as a professional engineer or by any entity offering a continuing professional competency program approved by the board pursuant to section 2 of this act; or b. any other proof acceptable to the board. L.2009, c.294, s.7 45: Requirements for professional engineer, land surveyor. 8. Notwithstanding the provisions of section 1 of P.L.1993, c.39 (C.45:8-35.2) and section 1 of this act, the board shall require each person licensed as both a professional engineer and a land surveyor, as a condition for biennial certification, to complete not less than 36 credits of continuing professional competency relating to the practice of professional engineering and land surveying, with not less than Revised 2/21/13 Page 15

20 State Board of Professional Engineers and Land Surveyors 12 credits to be completed in professional engineering and not less than 12 credits to be completed in land surveying. L.2009, c.294, s.8. 45: Carryover of credits. 9. The board shall allow a professional engineer to carry over a maximum of 12 continuing professional competency credits to the next biennial licensure period. L.2009, c.294, s.9. 45:8-36. Certificates 10. Certificates. The board shall issue a license certificate upon payment of the application fee as provided in this chapter, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter, and who has paid the license fee to cover licensure for the year or fraction thereof in which such license is issued. In the case of a licensed professional engineer the certificate shall authorize the practice of the applicant as a "professional engineer" and in the case of a licensed land surveyor as a "land surveyor," or as "professional engineer and land surveyor" when the applicant qualifies in both classifications. Certificates of license shall show the full name of the licensee, shall have a license number and shall be signed by the president and the secretary-director of the board under the seal of the board. The issuance of a license certificate by this board shall be evidence that the person named therein is entitled to all the rights and privileges of a licensed professional engineer or a licensed land surveyor, or as both as the case may be, while said certificate remains unrevoked, unexpired, or is not on a retired status list. Each professional engineer or land surveyor shall upon receipt of license certificate, obtain a seal of a design authorized by the board, bearing his name, license number and the legend "Licensed Professional Engineer," "Licensed Land Surveyor," or "Licensed Professional Engineer and Land Surveyor," as the case may be. Plans, specifications, plats, and reports issued by persons authorized under this chapter shall be sealed with said seal, during the life of the licensee's certificate, but it shall be unlawful for anyone to stamp or seal any documents with said seal after the certificate of the licensee named thereon has expired, has been revoked, or is on a retired status list, unless said certificate shall have been renewed, reissued or reinstated from retirement status as provided pursuant to section 3 of P.L.1995, c.36 (C.45:8-36.2). The exact method of fulfilling the requirement as to the sealing of documents shall be regulated by the board. All professional engineers licensed by this board prior to the passage of this chapter, shall continue to practice under the various classifications heretofore granted and within the branches of engineering indicated or may, upon application therefor, and the payment of a fee of $5.00 receive a new certificate under the title "professional engineer"; provided, said professional engineer presents evidence satisfactory to the board of his qualifications to practice in the field of general engineering comprehended in the title "professional engineer." All license certificates shall be recorded by the board in the office of the Secretary of State, in a book kept for that purpose and any recording fee as may be provided by law shall be paid by the applicant before the license certificate is delivered. Revised 2/21/13 Page 16

21 State Board of Professional Engineers and Land Surveyors The examining board shall be empowered to issue a certificate of registration as "Engineer-in- Training" or "Surveyor-in-Training," as the case may be, to an applicant who meets the qualifications outlined elsewhere herein. An applicant who meets the requirements of this act shall receive a certificate of registration as "Engineer-in-Training," or "Surveyor-in-Training," whichever is applicable, which certificate may remain in effect for a period of 10 years from the date of issuance. L.1938,c.342,s.10; amended 1950,c.149,s.10; 1977,c.340,s.3; 1992,c.64,s.3; 1995.c.36,s.1. 45: Use of title "professional land surveyor" 5. Any person licensed as a land surveyor pursuant to the provisions of P.L.1938, c.342 (C.45:8-27 et seq.) may use the title "professional land surveyor" in the scope of the practice of land surveying. L.1992,c.64,s.5. 45: Retirement procedures; resuming practice after retirement 3. A licensed professional engineer or land surveyor who has been licensed for a minimum of 25 years and is 62 years of age or older may apply to the board for retirement license status on a form furnished by the board. Upon receipt of the completed retired status application form and the board's determination that the licensee meets these requirements, the board shall declare the licensee retired and shall place the licensee on a retired status list. A person whose license is retired shall not offer or practice professional engineering or land surveying, or both, as the case may be, within the State. A person on the retired status list who wants to resume the practice of professional engineering or land surveying, or both, as the case may be, shall make application in the manner determined by the board for reinstatement of licensure to the board as a professional engineer or land surveyor, as the case may be, and pay the prescribed reinstatement fee as required by regulation of the board. Any person who has been on the retired status list for five or more years shall furnish the board with satisfactory evidence of current knowledge, competency and skill in the practice of professional engineering or land surveying as required by law or any regulation of the board. L.1995,c.36,s.3. 45: Waiver of corner marker requirements for certain land surveying work 1. a. When a property survey is performed, appropriate corner markers shall be set either by a licensed land surveyor or under the supervision of a licensed land surveyor. These markers shall be set at each property corner not previously marked by a property marker, unless the actual corner is not accessible, or unless a written waiver signed by the ultimate user is obtained and retained for a period of not less than six years by the surveyor performing the survey. b. Whenever a written waiver to omit corner markers is obtained pursuant to subsection a. of this section, the following notation shall be included on the plat or plan of survey: Revised 2/21/13 Page 17

22 State Board of Professional Engineers and Land Surveyors "A written Waiver and Direction Not to Set Corner Markers has been obtained from the ultimate user pursuant to P.L.2003, c.14 (C45:8-36.3) and N.J.A.C. 13:40-5.1(d)." c. Failure to comply with the provisions of P.L.2003, c.14 (C45:8-36.3) shall subject the licensee to a penalty of not greater than $2,500 for each violation, to be imposed pursuant to section 9 of P.L.1978, c.73 (C.45:1-22). L.2003,c :8-37. Expiration and renewal of licenses; fees; revocation on failure to renew license License certificates shall expire on the thirtieth day of April following issuance, renewal or reinstatement and shall become invalid on that day unless renewed. Licensees shall apply for renewal on or before the thirtieth day of April of each year. It shall be the duty of the secretary of the board to notify all persons licensed under this chapter of the date of the expiration of their certificates and the amount of the fee that shall be required for their renewal for one year; such notice shall be mailed to each licensee at his post-office address known to the board at least one month in advance of the date of expiration of said certificate. Renewal of any certificate issued under this chapter may be effected at any time during the month of April by the payment of the fee of five dollars ($5.00). The failure on the part of the licensee to renew his certificate annually in the month of April as required shall not deprive such person of the right of renewal during the ensuing year but the fee to be paid if the license be renewed in any month during the current year subsequent to April shall be seven dollars ($7.00) instead of five dollars ($5.00); and, if the license certificate be not renewed in the current year, the licensee shall pay a reinstatement fee of ten dollars ($10.00) plus five dollars ($5.00) for each year in which the licensee is in arrears. One notice to the licensee, by mail, on or before April fifteenth, addressed to his last post-office address known to the board, informing him of his failure to have applied for a renewal of his license certificate, shall constitute legal notification of such delinquency by the board. The failure on the part of the licensee to renew his certificate within one year from the date of the expiration of said license certificate will automatically revoke such license certificate and the right of the person to practice thereafter shall be restored only upon the payment of the ten dollar ($10.00) reinstatement fee plus all arrearages. Continuing to practice as a "professional engineer" or as a "land surveyor" after the expiration of his license shall render the person so doing liable to all the penalties prescribed for practicing without a license certificate. L.1938, c. 342, p. 863, s. 11. Amended by L.1939, c. 339, p. 824, s. 6; L.1950, c. 149, p. 324, s :8-39. Practice without license and other violations; penalties; actions for penalties 13. a. Any person who, hereafter, is not legally authorized to practice professional engineering or land surveying in this State according to the provisions of this act, who shall so practice or offer so to practice in this State, except as provided in section 14 of this act, or any person presenting or attempting to file as his own the certificate of license of another, or who shall give false or forged evidence of any kind to the board, or to any member or representative thereof, in obtaining a certificate of license, or who shall falsely impersonate another licensed practitioner of like or different name, or who shall use or attempt to use an expired certificate of license, an unexpired Revised 2/21/13 Page 18

23 State Board of Professional Engineers and Land Surveyors and revoked certificate of license, or a certificate of license which is on a retired status list, or who shall use either the title "Engineer-in-Training" or "Surveyor-in-Training" without holding a valid certificate of registration issued by the board, or who shall otherwise violate any of the provisions of this act, shall be subject to a penalty of not more than $ for the first offense and not more than $ for each and every subsequent offense. The penalties provided for by this section shall be sued for and recovered in civil actions by the State Board of Professional Engineers and Land Surveyors. b. Pursuant to the provisions of the "Building Design Services Act," P.L.1989, c.277 (C.45:4B-1 et seq.) the board: (1) May refer any complaint, question or controversy involving the application of that act to the joint committee. (2) Shall take no disciplinary action against any licensed architect alleged to have engaged in a violation of that act or the unlicensed practice of engineering. (3) Shall refer a request for a declaratory ruling to the joint committee. (4) Shall provide any and all documents in its possession regarding any matter referred to the joint committee. (5) Shall, when necessary and appropriate, exercise the investigation or enforcement powers conferred by law to aid and assist the joint committee in its functions. (6) Shall, consistent with that act, discipline any professional engineer who, or business association authorized to offer engineering services which, violates that act. Such a violation shall be deemed professional misconduct. Any violation of that act by an unlicensed individual or unauthorized business association shall be disciplined by the New Jersey State Board of Architects pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.). Such a violation shall be deemed the unlicensed practice of architecture. However, the design of an engineering work by an unlicensed individual or unauthorized business association shall be disciplined by the State Board of Professional Engineers and Land Surveyors pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.). Such a violation shall be deemed the unlicensed practice of engineering. c. No person, firm, partnership, association or corporation shall bring or maintain any action in the courts of this State for the collection of compensation for services constituting the practice of engineering or land surveying without alleging and proving that he was duly licensed in accordance with this chapter at the time the alleged cause of action arose. d. The Superior Court shall have jurisdiction of actions for penalties under this act. L.1938,c.342,s.13; amended 1947,c.60,s.2; 1950,c.149,s.13; 1952,c.129; 1953,c.43,s.38; 1970,c.177,s.3; 1989,c.276,s.4; 1992,c.64,s.4; 1995,c.36,s.2. 45:8-40. Persons exempt The following shall be exempted from the provisions of this chapter: Revised 2/21/13 Page 19

24 State Board of Professional Engineers and Land Surveyors (1) A person not a resident of and having no established place of business in this State, practicing or offering to practice herein professional engineering or land surveying within the meaning and intent of this chapter, when such practice does not exceed in the aggregate 30 consecutive days in any calendar year; provided, such person is legally qualified by license to practice said professional engineering or land surveying in any State or country in which the requirements and qualifications for a certificate of license are at least comparable to those specified in this chapter. However, no final plans or reports may be submitted under this provision. (2) A person not a resident of and having no established place of business in this State, or who has recently become a resident thereof, practicing or offering to practice herein for more than 30 days in any calendar year professional engineering or land surveying, if he shall have filed with the board an application for a certificate of license and shall have paid the fee required by this chapter; provided, that such a person is legally qualified to practice said professional engineering or land surveying in any State or country in which the requirements and qualifications for obtaining a license are at least comparable to those specified in this chapter. Such exemption shall continue only for such time as the board requires for the consideration of the application for license certificate. (3) An employee or a subordinate of a person holding a license under this chapter or an employee of a person exempted from license by subsections (1) and (2) of this section; provided, this practice does not include responsible charge of design or supervision. (4) Officers and employees of the Government of the United States while engaged within this State in the practice of professional engineering or land surveying, for said government. (5) The practice of engineering or land surveying solely as an officer or employee of a corporation engaged in interstate commerce as defined in an act of Congress entitled "Act to regulate commerce," approved February 4, 1887, and as amended, unless the same affects public safety or health. L.1938, c. 342, p. 866, s. 14. Amended by L.1950, c. 149, p. 327, s. 14; L.1977, c. 340, s. 5, eff. Jan. 25, :8-41. Licensed engineers and surveyors on public contracts or works required Hereafter no county, city, town, township, village, borough or other municipal corporations or other political subdivisions in the State shall engage in the design, construction or maintenance of any public work involving professional engineering for which plans, specifications and estimates have not been made by and the construction and maintenance supervised by a licensed professional engineer or a registered architect, nor shall any county, city, town, township, village, borough or other municipal corporation or other political subdivision in the State employ any person to perform work involving land surveying except a licensed land surveyor. L.1938, c. 342, p. 867, s. 15. Amended by L.1950, c. 149, p. 328, s. 15. Revised 2/21/13 Page 20

25 State Board of Professional Engineers and Land Surveyors 45:8-42. Employment of licensed engineers by governmental departments No department, institution, commission, board or body of the State Government, or of any political subdivision thereof shall designate, appoint or employ an engineer or any person to be in responsible charge of professional engineering work other than a duly qualified professional engineer who has been licensed by the State of New Jersey, prior to the designation, appointment or employment by such department, institution, commission, board or body of the State Government, or any political subdivision thereof. Notwithstanding anything in this chapter to the contrary no professional engineer licensed in this State prior to the passage of this chapter and holding an appointment by the State or by any department, institution, commission, board or body of the State Government, or any political subdivision thereof, shall be deprived of the right of reappointment to the same office or position or appointment to any other office or position requiring similar qualifications. L.1938, c. 342, p. 867, s. 16. Amended by L.1950, c. 149, p. 329, s :8-43. Filing of name of engineer engaged by governmental departments; employment of engineers and land surveyors The clerk of such department, institution, commission, board or body of the State Government or of any political subdivision thereof shall file with the secretary-director of the State Board of Professional Engineers and Land Surveyors the name of any engineer designated, appointed or employed, within 30 days after appointment. Where professional engineers or land surveyors are employed, subject to the provisions of the civil service law, the appointment of any such person shall be understood to mean and include appointment after such person has been certified as having satisfactorily passed a civil service examination. No person, firm, association or corporation engaged in engineering or land surveying, shall employ an engineer or land surveyor, in responsible charge of any work, within the meaning and intent of this act, other than a duly qualified professional engineer or land surveyor, who has been licensed pursuant to the provisions of this chapter, prior to such employment by the person, firm, association or corporation so engaged in engineering or land surveying; provided, however, that nothing in this chapter shall apply to any public utility as defined in chapter 2 of Title 48 of the Revised Statutes, or any employee thereof or to any improvement or proposed improvement made by any such public utility or by any employee of or any contractor or agent for said public utility. Nothing in this chapter shall apply to a corporation or any of its affiliated companies any of which are in the field of telecommunications or any employee thereof where either said corporation or any of its affiliated companies is subject to the jurisdiction of the State Board of Public Utilities or the Federal Communications Commission. Nothing in this chapter shall apply to a corporation in the field of telecommunications, or to its affiliates, or any employees thereof in which the primary business is research and technical development manufacturing or product design. L.1938, c.342, s.17; amended 1950,c.149,s.17; 1989,c.276,s.6. Revised 2/21/13 Page 21

26 State Board of Professional Engineers and Land Surveyors 45: Authority of land surveyors to go on, over and upon lands of others during reasonable hours A person licensed to practice land surveying as provided in P.L.1938, c. 342 (C. 45:8-27 et seq.) and any of his agents, servants or employees under his direction who are necessary to make a land survey shall have the authority to go on, over and upon lands of others during reasonable hours when necessary to make land surveys if: a. The licensed professional land surveyor has made a reasonable attempt, as defined in this section, to notify the owner of the land and, in the case of a lease, the lessee thereof, of his desire to enter on, over and upon the owner's or lessee's land to make a land survey and, the attempt having failed, the licensed professional land surveyor has given written notice, seven days prior to the proposed entry, to the municipal police department of the municipality in which the land is located of his intention to enter, containing the names, addresses, and telephone numbers of those who propose to enter the land and the date, time, duration, and location of the proposed entry; and, b. The land or any part thereof, to which entry is sought, is not enclosed by a constructed or natural barrier which is at least 6 feet in height or is not posted with signs or notices which prohibit trespassing and contain the name and address of the owner or lessee of the land; c. As used in this section, a "reasonable attempt" to notify an owner or lessee means: an attempt to seek acknowledgment of the owner of the land and, in the case of a lease, the lessee thereof, by certified mail, return receipt requested, the attempt to be made a second time if unsuccessful the first time and a third time if unsuccessful the second time, each attempt to be made on a separate business day. L.1983, c. 460, s. 1, eff. Jan. 12, : Entry not trespass; immunity from arrest or civil action Any entry under the right granted in this act shall not constitute trespass nor shall the licensed professional land surveyor or his agents, servants or employees be liable to arrest or civil action by reason of the entry. L.1983, c. 460, s. 2, eff. Jan. 12, : Destruction, injury or damage to land; prohibition; liability Nothing in this act shall be construed as giving the licensed professional land surveyor or his agents, servants or employees any right to destroy, injure or damage the land or any person or property on the land of another. A licensed professional land surveyor or his agents, servants or employees shall be liable for any such destruction, injury or damage which he is found to have caused to such persons, property or land. L.1983, c. 460, s. 3, eff. Jan. 12, Revised 2/21/13 Page 22

27 State Board of Professional Engineers and Land Surveyors 45: Nonliability of owner or lessee of land Neither the owner of the land nor the lessee thereof shall be liable to a licensed professional land surveyor or his agents, servants or employees or any other person for any destruction, injury or damage, which was not willfully or maliciously done by the owner or lessee, to property or persons resulting from the licensed professional land surveyor or his agents, servants or employees going on, over and upon such lands under the provisions of this act. L.1983, c. 460, s. 4, eff. Jan. 12, : Inapplicability of act to lands traversed by operating railroad This act shall not apply to lands traversed by an operating railroad. L.1983, c. 460, s. 5, eff. Jan. 12, :8-45. Certificate and seal of licensed engineer, surveyor or architect on plans and specifications on public work No department, institution, commission, board or body of the State Government, or any political subdivision thereof, being the depository or having the custody of any plan or specification involving professional engineering, shall receive or file any such plan or specification unless there is affixed thereto the seal of a professional engineer licensed pursuant to the provisions of this chapter, or the seal of a registered architect thereon nor receive or file any plan involving land surveying unless there is affixed thereto the seal of a land surveyor licensed pursuant to this chapter. L.1938, c. 342, p. 869, s. 19. Amended by L.1950, c. 149, p. 330, s :8-47. Effect on other professions This chapter shall not be construed to affect or prevent the practice of any other legally recognized profession. Nothing in this act shall be construed as prohibiting, regulating or interfering with persons duly licensed under any laws of this State in the operation and maintenance of equipment and in the supervision of operation of steam power plants, portable machinery and equipment, and refrigeration plants, or from engaging in such engineering activities as may be incident to such operating, maintenance or supervision as is customarily a part of the services rendered by such licensed persons in the course of their employment. L.1938, c. 342, p. 869, s :8-48. Partial invalidity; construction of chapter The provisions of this chapter are severable, and if any of the provisions hereof are held unconstitutional the decision shall not be construed to impair any other provisions of this chapter. It is hereby declared as the legislative intent that this chapter would have been adopted had such unconstitutional provisions not been included herein. Revised 2/21/13 Page 23

28 State Board of Professional Engineers and Land Surveyors L.1938, c. 342, p. 870, s :8-49. Repealer Chapter eight of Title 45 of the Revised Statutes is hereby repealed. All acts and parts of acts inconsistent herewith be and the same are hereby repealed and this act shall take effect immediately. L.1938, c. 342, p. 870, s :8-56. Certificate of authorization The board shall issue a certificate of authorization to certain corporations and those corporations shall be authorized to offer professional engineering and land surveying services or both, as follows: a. No corporation shall offer to provide engineering services in this State unless issued a certificate of authorization pursuant to this amendatory and supplementary act. This subsection shall not apply to a professional service corporation established pursuant to the "Professional Service Corporation Act," P.L.1969, c.232 (C.14A:17-1 et seq.). b. No corporation shall offer to provide land surveying services in this State unless issued a certificate of authorization pursuant to this act. This subsection shall not apply to a professional service corporation established pursuant to the "Professional Service Corporation Act," P.L.1969, c.232 (C.14A:17-1 et seq.). The certificate of authorization shall designate a New Jersey licensee or licensees who are in responsible charge of the engineering or land surveying activities and decisions of the corporation. All final drawings, papers or documents involving the practice of engineering or the practice of land surveying, when issued by the corporation or filed for public record, shall be signed and sealed by the New Jersey licensee who is in responsible charge of the work. L.1989, c.276, s.7. 45:8-57. Contents of application; biennial renewal fee Prior to the issuance of a certificate of authorization, a corporation shall file with the board an application, on forms designated by the board, listing, where applicable, the name and address of the corporation and its satellite offices, and the name, address and signature of all officers, corporate board members, directors, principals and any licensees who shall be in responsible charge of the practice of engineering or the practice of land surveying or both, through the corporation, together with such other information as may be required by the board to ensure compliance with its regulations. The same information shall accompany the biennial renewal fee. A change in any of this information shall be reported to the board within 30 days after the effective date of that change. L.1989, c.276, s.8. Revised 2/21/13 Page 24

29 State Board of Professional Engineers and Land Surveyors 45:8-58. Powers of board The board shall have the authority to review the professional conduct of any corporation authorized to offer engineering or land surveying services or both under the provisions of P.L.1989, c.276 (C.45:8-56 et al.). In order to implement those provisions, the board may: a. Establish by regulations adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) a biennial renewal fee for the certificate of authorization. b. Suspend, revoke, or refuse to renew the certificate of authorization of any corporation whose agent, employees, directors or officers violate, or cause to be violated, any of the provisions of P.L.1989, c.276 (C.45:8-56 et al.) or chapter 8 of Title 45 of the Revised Statutes pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.). c. Adopt such rules and regulations as required to carry out the provisions of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). L.1989, c.276, s.9. 45:8-59. Records to establish regular, effective supervision A licensee shall maintain such records as are reasonably necessary to establish that the licensee exercised regular and effective supervision of professional services of which such licensee was in responsible charge. L.1989, c.276, s :8-60. Responsibility for acts of agents, employees, officers No corporation shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of compliance with the provisions of P.L.1989, c.276 (C.45:8-56 et al.). L.1989, c.276, s.11. Revised 2/21/13 Page 25

30 PLEASE READ Rules and regulations of the Division of Consumer Affairs, the boards and committees in, and other units of, the Division are codified in Title 13 of the New Jersey Administrative Code, published by LexisNexis. Notices of proposal and notices of adoption are printed in the New Jersey Register, also published by LexisNexis. The official text of the rules and regulations and their regulatory history and notices of rule proposals and adoptions can be found through the free LexisNexis Public Access Portal. LexisNexis Public Access Portal: The text of rules and regulations and notices of proposal and adoptions in PDF format provided on this website by the Division of Consumer Affairs are unofficial courtesy copies, which may differ from the official text. Though every effort is made to ensure that the text of courtesy copies is identical to the official version, if any discrepancies exist between the text on this website and the official version, the official version will govern.

31 N EW J ERSEY A DMINISTRATIVE C ODE T ITLE 13 L AW AND P UBLIC S AFETY C HAPTER 40 S TATE B OARD OF P ROFESSIONAL E NGINEERS AND L AND S URVEYORS Chapter 40 Page 1 of 108 Last Revision Date: 11/16/2015

32 CHAPTER TABLE OF CONTENTS SUBCHAPTER 1. PURPOSE AND SCOPE; DEFINITIONS : Purpose : Scope : Definitions : (Reserved) : (Reserved) : (Reserved) SUBCHAPTER 2. APPLICATION REQUIREMENTS; LICENSING; BIENNIAL RENEWAL; INACTIVE STATUS : Application submission : Scheduling of examination : Cancellation of application; reapplication : Engineer in training: application procedure; eligibility requirements; requirements for juniors and seniors to sit for Part F portion; applicants seeking credit for military education or training : Professional engineer: application procedure; eligibility requirements; applicants seeking credit for military education, training, or experience : Surveyor in training; application procedure; eligibility requirements; applicants seeking credit for military education or training : Professional land surveyor; application procedures; eligibility requirements; applicants seeking credit for military education, training, and experience : Education requirements: engineer in training and professional engineer; applicants seeking credit for military education or training : Education requirements: land surveyor in training; professional land surveyor; applicants seeking credit for military education or training : Experience requirements; professional engineer; applicants seeking credit for military training or experience : Experience requirements; professional land surveyor; applicants seeking credit for military training or experience : Waiver of the fundamentals of engineering examination : References : Language comprehension requirement : Biennial license renewal; license suspension; reinstatement of suspended license; inactive status : Comity : Credit towards licensure or certification for education, training, and experience received while serving as a member of the Armed Forces Chapter 40 Page 2 of 108 Last Revision Date: 11/16/2015

33 SUBCHAPTER 3. LICENSURE REQUIREMENT; EXEMPTIONS; STANDARDS OF PRACTICE; MISCONDUCT : Licensure requirement; issuance and display of certificate; advertising : Licensure exemptions : Advertising : Release of project records : Enumeration of prohibited acts : Reporting incidents of professional misconduct SUBCHAPTER 4. GENERAL PROVISIONS : Notification of change of address; service of process : Scope of practice; home inspections SUBCHAPTER 5. PROFESSIONAL LAND SURVEYORS; PREPARATION OF LAND SURVEYS : Professional land surveyors; preparation of land surveys : Waiver of corner marker SUBCHAPTER 6. FEES : Fee schedule SUBCHAPTER 7. PERMISSIBLE DIVISION OF RESPONSIBILITY IN SUBMISSION OF SITE PLANS AND MAJOR SUBDIVISION PLATS : General provisions : Depiction of existing conditions on a site plan : Preparation of site plan : Preparation of a major subdivision plan : Effect of local ordinances SUBCHAPTER 8. SEALING AND TITLE BLOCK REQUIREMENTS FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS : Signing and Sealing of documents :40 8.1A Digital signatures and seals : Title block on drawings; forms; removal : Title block contents : Proposed title block form : Title block use for professional engineer and professional land surveyor work project : Subtitle block of independent professional SUBCHAPTER 9. RESPONSIBLE CHARGE OF ENGINEERING OR LAND SURVEYING WORK : Supervision of subordinates; maintaining records of adequate supervision; acts reflecting inadequate supervision Chapter 40 Page 3 of 108 Last Revision Date: 11/16/2015

34 SUBCHAPTER 10. CERTIFICATES OF AUTHORIZATION : Issuance of certificates of authorization : Biennial renewal of certificates of authorization : Contract requirement SUBCHAPTER 11. LAND SURVEYORS; CONTINUING COMPETENCY : Continuing professional competency requirements; failure to comply : Definitions : Credit hour requirements; dual licensees : Approval of course offerings : Continuing competency programs and other sources of continuing competency credits : Credit calculation : Reporting and documenting of continuing professional competency credits : Waiver of continuing professional competency requirement : License restoration : Out of jurisdiction resident : Criteria for continuing competency programs : Responsibilities of program providers SUBCHAPTER 12. RETIRED LICENSE AND NO FEE RETIRED LICENSE STATUS : Eligibility requirements : Retired licensee: application; entitlement : No fee retired licensee : Resumption of practice SUBCHAPTER 13. PROFESSIONAL ENGINEERS; CONTINUING PROFESSIONAL COMPETENCY REQUIREMENT : Continuing professional competency requirements : Definitions : Carry over of excess CPC credits; dual licensees; reinstatement of license : Sources of CPC credits : Approval procedures for CPC providers; exceptions : Compliance with CPC credits; audit : Credit calculation : Waiver of CPC requirements : Responsibilities of program providers Chapter 40 Page 4 of 108 Last Revision Date: 11/16/2015

35 SUBCHAPTER 14. (RESERVED) SUBCHAPTER 15. HOME INSPECTION ADVISORY COMMITTEE : Purpose; scope; applicability : Definitions : Office of the Committee : (Reserved) : (Reserved) : Requirements for initial licensure as home inspector : Credit towards licensure for education, training, and experience received while serving as a member of the Armed Forces : Insurance requirement : Identification cards : License renewal : Change of license status: inactive to active : Reinstatement of suspended license : Change of address provision; service of process : Continuing education requirements : Pre inspection agreements : Standards of practice : Mandatory tools and equipment : Advertising; identification of licensee : Prohibited practices : Suspension, revocation or refusal to renew license : Requirements for licensure as a home inspector by comity : Inspection services requiring additional experience, education, training, or license or certification : Fee schedule : (Reserved) Chapter 40 Page 5 of 108 Last Revision Date: 11/16/2015

36 SUBCHAPTER 1. PURPOSE AND SCOPE; DEFINITIONS 13: PURPOSE The purpose of this chapter is to regulate the practices of professional engineering, professional land surveying and home inspection in the State of New Jersey pursuant to N.J.S.A. 45:8-27 et seq. 13: SCOPE This chapter shall apply to all applicants seeking licensure as professional engineers, professional land surveyors and/or home inspectors and all licensees practicing professional engineering, professional land surveying and/or home inspecting in the State of New Jersey. 13: DEFINITIONS The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Advertisement" means any communication to the public including, but not limited to, newspaper, periodical, journal, flyer, brochure, telephone directory, billboard, sign (other than a sign used only for identification purposes at the business premises), radio, telephone for the purpose of solicitation, television, Internet, or any other print or electronic media in which engineering or land surveying services are offered or by which the availability of engineering or land surveying services is made known. "Board" means the State Board of Professional Engineers and Land Surveyors. "Certificate of Authorization" means a certificate issued by the Board to a general business corporation or a limited liability company to allow the practice of professional engineering and/or land surveying pursuant to N.J.S.A. 45:8-56 and N.J.A.C. 13: "Closely allied professionals" means and is limited to licensed architects, professional engineers, professional land surveyors, professional planners and licensed landscape architects pursuant to N.J.S.A. 45:8-28(j) and 45.4B-3. Chapter 40 Page 6 of 108 Last Revision Date: 11/16/2015

37 Electronic transmission means the transmission of electronic data files from one electronic device to another. The term includes manual delivery of electronic data storage media from one person or entity to another. "Engineer" or "professional engineer" means a person who has been duly licensed as a professional engineer by the Board. "Engineering," "professional engineering" or "practice of engineering" means any service or creative work the adequate performance of which requires engineering education, training and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems, planning the use of land and water, engineering studies and the administration of construction for the purpose of determining compliance with drawings and specifications, any of which embraces such services or work, either public or private, in connection with any engineering project including: utilities, structures, buildings, machines, equipment, processes, work systems, projects, telecommunications, or equipment of a mechanical, electrical, hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the planning, progress and completion of any engineering services. The practice of professional engineering does not include the work ordinarily performed by persons who operate or maintain machinery or equipment. "Engineer-in-training" means a person who is registered as an engineer-in-training by the Board. "Joint Committee" means the Joint Committee of Architects and Engineers established pursuant to the Building Design Services Act, N.J.S.A. 45:4B-1 et seq. "Land information systems" means any computer coded spatial database designed for multipurpose public use developed from or based on property boundaries. "Land surveying" or "surveying" or "practice of land surveying" means any service or work, the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences and the relevant requirements of law to the act of measuring and locating distances, directions, elevations, Chapter 40 Page 7 of 108 Last Revision Date: 11/16/2015

38 natural and man-made topographical features in the air, on the surface of the earth, within underground workings, and on beds of bodies of water for the purpose of determining areas and volumes, and for the establishing of horizontal and vertical control as it relates to construction stake-out, for the monumentation of property boundaries and for platting and layout of lands and subdivisions thereof and for the preparation and perpetuation of maps, record plats, field notes, records and property descriptions in manual and computer coded form that represents these surveys. The practice of land surveying includes the establishment and maintenance of the base mapping and related control for land information systems that are developed from the practice of land surveying. "Land surveyor" or "surveyor" means a person who has been duly licensed as a professional land surveyor by the Board. "License" means official documents issued by the Board to an individual attesting to the fact that the individual has met the minimum requirements to practice professional engineering or professional land surveying in the State of New Jersey. "Limited liability company," "LLC" or "L.L.C." means a business entity organized in compliance with the Limited Liability Company Act, N.J.S.A. 42:2B-1 et seq., to engage in and carry on any lawful business., purpose or activity that combines the attributes of both a corporation and a partnership and provides the limited liability generally associated with a corporation and the Federal tax treatment of a partnership. "Limited liability partnership," "LLP" or "L.L.P." means an association of two or more persons to carry on as owners of a business for profit, which partnership is formed pursuant to an agreement governed by the law of New Jersey, is registered pursuant to N.J.S.A. 42:1-44 and is in compliance with N.J.S.A. 42:1-45. "Person" means any individual or any business association or entity. "Professional business entity" means a sole proprietorship of a licensed professional engineer or professional land surveyor; a partnership, including a limited liability partnership, of licensed professional engineers and/or professional land surveyors; a partnership, including a limited liability partnership, of closely allied professionals, including at least one licensed professional engineer or licensed professional land surveyor; a professional service corporation Chapter 40 Page 8 of 108 Last Revision Date: 11/16/2015

39 of persons providing closely allied professional services as defined by N.J.S.A. 14A:17-3, including at least one licensed engineer or licensed professional land surveyor, established pursuant to the Professional Service Corporation Act, N.J.S.A. 14A:17-1 et seq.; or a limited liability company or a corporation either of which is required to hold a Certificate of Authorization from the State Board of Professional Engineers and Land Surveyors pursuant to N.J.A.C. 13: "Responsible charge" means the rendering of regular and effective supervision by a competent professional engineer or professional land surveyor to those individuals performing services that directly and materially affect the quality and competence of the professional services rendered by the licensee. Seal means a digital or impression type seal meeting the requirements of N.J.A.C. 13:40-8.1A and affixed to a document by a licensee. Signature means a digital or handwritten signature of a licensee affixed to a document in accordance with N.J.A.C. 13:40-8.1A. "Surveyor-in-training" means a person who is registered as a surveyor-in-training by the Board. "Telecommunications" means subjects which deal with the generation, transmission, receiving, and processing of information bearing signals for the purpose of fulfilling a particular communication need. The most common forms of signals are those encountered in voice, image, and data transmission. Subjects relevant to telecommunications include but are not limited to: analog and digital circuits, propagation of electromagnetic energy through guided media such as a transmission line, fibers, wave guides, and unguided media such as free space as in broadcast and mobile communication systems, communication theory, including modulation, noise interference, and the interface with computers. Chapter 40 Page 9 of 108 Last Revision Date: 11/16/2015

40 13: (RESERVED) 13: (RESERVED) 13: (RESERVED) SUBCHAPTER 2. APPLICATION REQUIREMENTS; LICENSING; BIENNIAL RENEWAL; INACTIVE STATUS 13: APPLICATION SUBMISSION a) An applicant for licensure or registration shall submit a completed application as required under this subchapter on a form provided by the Board. The application and materials required under this subchapter for licensure or registration shall be postmarked and sent to the Board office by the deadline prescribed in the application packet for an applicant to be considered eligible for admission to the next regularly scheduled examination. The applicant shall be responsible to verify the receipt of all the required materials by the Board office. b) The application shall be reviewed only upon receipt of all the required materials. c) An application and other required materials that are not postmarked by the prescribed deadline shall not be reviewed for the next scheduled examination. The application shall be held and reviewed for the subsequent scheduled examination, provided that the application and all required materials are postmarked and sent to the Board office by the deadline prescribed for that examination. 13: SCHEDULING OF EXAMINATION a) Upon the timely submission of a completed application and all supplemental materials, including references and fees, the application shall be reviewed. If the application and supplemental materials satisfy the requirements of this subchapter, the applicant shall be permitted to take the licensing examination. b) Upon finding an applicant qualified to sit for an examination, the Board shall forward a packet to the applicant advising that the applicant is eligible to take the examination on one of two dates specified within the packet. The applicant shall choose one of the two dates, so indicate in the materials sent by the Board, and return the completed material to the Board along with the examination fee as required by the examiner. The choice of examination date must be postmarked and mailed to the Board office by the deadline specified in the packet. Chapter 40 Page 10 of 108 Last Revision Date: 11/16/2015

41 13: CANCELLATION OF APPLICATION; REAPPLICATION a) All applications to take an examination for licensure shall be valid for five years from the date of initial Board approval; after five years, the application shall be canceled. b) An applicant whose application has been canceled may reapply and shall satisfy the eligibility requirements of the rules applicable at the time of the new application. Once the reapplication is approved, the application shall be deemed valid for five years from the date of reapproval. c) Upon reapplication, the applicant shall have postmarked and sent to the Board by the deadline prescribed in the new application packet a new application, the appropriate fees as required pursuant to N.J.A.C. 13:40-6.1(a)1, all other required materials, and a letter referencing any application number previously assigned by the Board. 13: ENGINEER-IN-TRAINING: APPLICATION PROCEDURE; ELIGIBILITY REQUIREMENTS; REQUIREMENTS FOR JUNIORS AND SENIORS TO SIT FOR PART F PORTION; APPLICANTS SEEKING CREDIT FOR MILITARY EDUCATION OR TRAINING a) To be eligible for a certificate of registration as an engineer-in-training, an applicant shall: 1) Submit a completed, typewritten and notarized application which contains information concerning the applicant's background; 2) Pay the application fee set forth in N.J.A.C. 13:40-6.1(a)1; 3) Submit an official transcript indicating the applicant has satisfied the educational requirements set forth in N.J.A.C. 13: in either engineering or engineering technology; 4) Submit a minimum of three references that comply with N.J.A.C. 13: from persons who have personal knowledge of the applicant's engineering education, experience or training, one of whom shall be a licensed professional engineer in the United States; 5) Submit proof that the applicant has satisfied the language comprehension requirement set forth in N.J.A.C. 13: if the applicant has received an undergraduate degree from a school located in a country where the official language is other than English; and Chapter 40 Page 11 of 108 Last Revision Date: 11/16/2015

42 6) Successfully complete the Part F portion of the examination unless waived by the Board pursuant to N.J.A.C. 13: b) A person in his or her junior or senior year of college pursuing either a degree in engineering or engineering technology shall be permitted to sit for the Part F portion of the examination if: 1) The applicant submits a completed, typewritten and notarized application which contains information concerning the applicant's background; 2) The Board receives a letter from the applicant's school indicating that the applicant is currently enrolled as a junior or senior in good academic standing; 3) The Board receives an official transcript from the applicant's school indicating the courses completed by the applicant to date; 4) The applicant submits a minimum of three references that comply with N.J.A.C. 13: from persons who have personal knowledge of the applicant's engineering education, experience or training, one of whom shall be a licensed professional engineer in the United States; 5) The applicant pays the application fee required of engineer-in-training applicants as set forth in N.J.A.C. 13: (a)1; and 6) For an applicant who is pursuing his or her undergraduate degree from a school located in a country where the official language is other than English, the Board receives proof that the applicant has satisfied the language comprehension requirement set forth in N.J.A.C. 13: c) The Board shall issue a certificate of registration as an engineer-in-training to a person meeting the requirements of (b) above, upon the person meeting the requirements of (a)3 above. d) If the applicant is seeking credit for military education or training, the applicant shall follow the procedure set forth in N.J.A.C. 13: Chapter 40 Page 12 of 108 Last Revision Date: 11/16/2015

43 13: PROFESSIONAL ENGINEER: APPLICATION PROCEDURE; ELIGIBILITY REQUIREMENTS; APPLICANTS SEEKING CREDIT FOR MILITARY EDUCATION, TRAINING, OR EXPERIENCE a) An applicant for examination as a professional engineer shall submit the following to the Board: 1) A completed, typewritten and notarized application which contains information concerning the applicant's educational and experiential background; 2) The application fee set forth in N.J.A.C. 13:40-6.1(a)1; 3) An official transcript indicating the applicant has satisfied the educational requirements set forth in N.J.A.C. 13: in either engineering or engineering technology; 4) A minimum of five references that comply with N.J.A.C. 13: from persons who have personal knowledge of the applicant's experience or training, three of whom shall be licensed professional engineers in the United States. The professional references for that portion of the applicant's experience constituting the minimum experience required for licensure shall be professional engineers who were in responsible charge of that minimum experience. If the number of experience engagements necessary to constitute the minimum experience requires more than three professional references to confirm such experience, such additional professional references shall be required. Special circumstances may be considered by the Board at the time of application in such cases where a licensed professional engineer in responsible charge of the work being claimed by the applicant is not available; and 5) For an applicant who has received his or her undergraduate degree from a school located in a country where the official language is other than English, proof that the applicant has satisfied the language comprehension requirement set forth in N.J.A.C. 13: b) To be eligible for licensure, the applicant shall have successfully passed the three-part examination for licensure consisting of: 1) Part F Fundamentals of Engineering which may be waived by the Board pursuant to N.J.A.C. 13: ; Chapter 40 Page 13 of 108 Last Revision Date: 11/16/2015

44 2) Part P Principles and Practices of Engineering (this portion of the examination shall be taken after the applicant satisfies the experience requirements set forth in N.J.A.C. 13: ); and 3) The New Jersey Law portion. c) If the applicant is seeking licensure by comity, in addition to meeting the requirements in (a) above, the applicant shall also: 1) Submit proof of successful completion of the examination requirements set forth in (b) above; and 2) Comply with the requirements set forth in N.J.A.C. 13: d) If the applicant is seeking credit for military education, training, or experience, the applicant shall follow the procedure set forth in N.J.A.C. 13: : SURVEYOR-IN-TRAINING; APPLICATION PROCEDURE; ELIGIBILITY REQUIREMENTS; APPLICANTS SEEKING CREDIT FOR MILITARY EDUCATION OR TRAINING a) To be eligible for a certificate of registration as a surveyor-in-training, an applicant shall: 1) Submit a completed, typewritten and notarized application which contains information concerning the applicant's background; 2) Pay the application fee set forth in N.J.A.C. 13:40-6.1(a)1; 3) Submit an official transcript indicating the applicant has satisfied the educational requirements set forth in N.J.A.C. 13:40-2.9; 4) Submit a minimum of three references that comply with N.J.A.C. 13: from persons who have personal knowledge of the applicant's surveying education, experience or training, one of whom shall be a licensed professional land surveyor in the United States; and 5) Submit proof that the applicant has satisfied the language comprehension requirement set forth in N.J.A.C. 13: if the applicant has received an undergraduate degree from a school located in a country where the official language is other than English. Chapter 40 Page 14 of 108 Last Revision Date: 11/16/2015

45 b) A person in his or her junior or senior year of college pursuing a degree in land surveying shall be permitted to sit for the Part F portion of the examination if: 1) The applicant submits a completed, typewritten and notarized application which contains information concerning the applicant s background; 2) The Board receives a letter from the applicant's school indicating that the applicant is currently enrolled as a junior or senior in good academic standing; 3) The Board receives an official transcript from the applicant's school indicating the courses completed by the applicant to date; 4) The applicant submits a minimum of three references that comply with N.J.A.C. 13: and are from persons who have personal knowledge of the applicant's experience or training, one of whom shall be a licensed land surveyor in the United States; 5) The applicant pays the application fee required of surveyor-in-training applicants as set forth in N.J.A.C. 13:40-6.1(a)1; and 6) For an applicant who is pursuing an undergraduate degree from a school located in a country where the official language is other than English, the Board receives proof that the applicant has satisfied the language comprehension requirement set forth in N.J.A.C. 13: c) The Board shall issue a certificate of registration as a surveyor-in-training to a person meeting the requirements of (b) above upon the person meeting the requirements of (a)3 above. d) If the applicant is seeking credit for military education or training, the applicant shall follow the procedure set forth in N.J.A.C. 13: : PROFESSIONAL LAND SURVEYOR; APPLICATION PROCEDURES; ELIGIBILITY REQUIREMENTS; APPLICANTS SEEKING CREDIT FOR MILITARY EDUCATION, TRAINING, AND EXPERIENCE a) An applicant for licensure as a professional land surveyor shall submit the following to the Board: 1) A completed, typewritten and notarized application which contains information concerning the applicant's educational and experiential background; Chapter 40 Page 15 of 108 Last Revision Date: 11/16/2015

46 2) The application fee set forth in N.J.A.C. 13:40-6.1(a)1; 3) An official transcript indicating the applicant has satisfied the educational requirements set forth in N.J.A.C. 13:40-2.9; 4) A minimum of five references that comply with N.J.A.C. 13: from persons who have personal knowledge of the applicant's experience or training, three of whom shall be licensed professional land surveyors in the United States. The professional references for that portion of the applicant's experience constituting the minimum experience required for licensure shall be licensed professional land surveyors who were in responsible charge of that minimum experience. If the number of experience engagements necessary to constitute the minimum experience requires more than three professional references to confirm such experience, such additional professional references shall be required. Special circumstances may be considered by the Board at the time of application in such cases where a licensed professional land surveyor in responsible charge of the work being claimed by the applicant is not available; and 5) For an applicant who has received his or her undergraduate degree from a school located in a country where the official language is other than English, proof that the applicant has satisfied the language comprehension requirement set forth in N.J.A.C. 13: b) To be eligible for licensure, an applicant shall have successfully completed the four-part examination consisting of: 1) Part F Fundamentals of Land Surveying; 2) Part P Principles and Practices of Land Surveying (this portion of the examination shall be taken after the applicant satisfies the experience requirements set forth in N.J.A.C. 13: ); 3) The New Jersey State-specific examination (this portion of the examination shall be taken after the applicant satisfies the experience requirements set forth in N.J.A.C. 13: ); and 4) The New Jersey law portion. c) If the applicant is seeking licensure by comity, in addition to meeting the requirements in (a) above, the applicant shall also comply with the requirements set forth in N.J.A.C. Chapter 40 Page 16 of 108 Last Revision Date: 11/16/2015

47 13: and submit proof that the applicant has successfully passed the examination for licensure consisting of the materials set forth in (b) above. d) If the applicant is seeking credit for military education, training, or experience, the applicant shall follow the procedure set forth in N.J.A.C. 13: : EDUCATION REQUIREMENTS: ENGINEER-IN-TRAINING AND PROFESSIONAL ENGINEER; APPLICANTS SEEKING CREDIT FOR MILITARY EDUCATION OR TRAINING a) Each applicant shall provide the Board with an official transcript reflecting the degree(s) earned by the applicant. The transcript must be sent directly from the educational institution to the Board and must include the Board-assigned application number of the applicant. In the event that any portion of the curriculum completed by the applicant as part of a master's degree is required to be considered by the Board for the applicant to meet the minimum education standards as set forth in (b) below, the applicant shall not receive the one year of experience credit as permitted by N.J.A.C. 13: (b). b) A bachelor's degree in an engineering program accredited by the Engineering Accreditation Commission of ABET, Inc., shall be accepted for licensure. c) A bachelor's degree in an engineering technology program accredited by the Technology Accreditation Commission of ABET, Inc. (TAC/ABET) shall be accepted for licensure. d) An applicant with a degree from a college or university that is not accredited by the Accreditation Board for Engineering and Technology shall obtain, at his or her own expense, and shall submit to the Board a detailed evaluation of his or her degree from a transcript review service recommended by the Board. e) Transcripts shall be sent directly from the applicant's school and shall contain an official registrar's seal. f) An applicant with a non-united States degree who has documented that due to political or economic sanctions the applicant is unable to have the transcript sent directly from the school to the Board or its designee shall submit his or her original transcript to the Boardapproved transcript review service. The applicant shall also provide a literal, verbatim English translation, certified to be accurate by a certified translator. The applicant shall also comply with all information requests by the Board-approved transcript review service. g) If the applicant is seeking credit for military education or training, the applicant shall follow the procedure set forth in N.J.A.C. 13: Chapter 40 Page 17 of 108 Last Revision Date: 11/16/2015

48 13: EDUCATION REQUIREMENTS: LAND SURVEYOR-IN-TRAINING; PROFESSIONAL LAND SURVEYOR; APPLICANTS SEEKING CREDIT FOR MILITARY EDUCATION OR TRAINING a) Each applicant shall provide the Board with an official transcript reflecting the degree(s) earned by the applicant. The transcript shall be sent directly from the educational institution to the Board and shall include the Board assigned application number of the applicant. In the event that any portion of the curriculum completed by the applicant as part of a master's degree is required to be considered by the Board for the applicant to meet the minimum education standards as set forth in (b) below the applicant shall not receive the one year of experience credit as permitted by N.J.A.C. 13: (b). b) A bachelor's degree in a land surveying program accredited by the Technology Accreditation Commission of ABET, Inc., shall be accepted for licensure. c) Any applicant with a degree from a college or university that is not accredited by the Accreditation Board for Engineering and Technology shall obtain, at his or her own expense, and shall submit to the Board, a detailed evaluation of his or her degree from a transcript review service selected and approved by the Board. Reviews by services other than those selected and approved by the Board shall not be accepted. d) Transcripts shall be sent directly from the applicant's school and shall contain an official registrar's seal. e) An applicant with a non-united States degree who has documented that due to political or economic sanctions the applicant is unable to have the transcript sent directly from the school to the Board or its designee shall submit an original transcript to the Boardapproved transcript review service. The applicant shall also provide a literal, verbatim English translation, certified to be accurate by a certified translator. The applicant shall also comply with all information requests by the Board-approved transcript review service. f) If the applicant is seeking credit for military education or training, the applicant shall follow the procedure set forth in N.J.A.C. 13: : EXPERIENCE REQUIREMENTS; PROFESSIONAL ENGINEER; APPLICANTS SEEKING CREDIT FOR MILITARY TRAINING OR EXPERIENCE a) An applicant for a professional engineering license who is applying to sit for the principles and practices exam shall have four years of professional experience that the Board determines is consistent with the requirements of N.J.S.A. 45:8-28(b) which shall be gained under the regular and effective supervision of a licensed professional engineer. Chapter 40 Page 18 of 108 Last Revision Date: 11/16/2015

49 1) Two years of professional experience shall be gained in the United States; and 2) Two years of professional experience shall be engineering design experience that the Board determines has demonstrated increased responsibility and increased technical expertise over time. b) Except as provided in N.J.A.C. 13:40-2.8(a), completion of a master's degree in engineering shall be substituted for one year of the required professional experience required by (a) above. c) Completion of a doctorate degree in engineering shall be substituted for one year of the required professional experience required by (a) above in addition to the amount of substituted experience allowed for the applicant pursuant to (b) above. d) Completion of a master's or doctorate degree shall not exempt an applicant from the requirements of (a)1 and (a)2 above. e) Experience prior to graduation from a Board approved program will be evaluated by the Board on a case-by-case basis if experience is gained under the regular and effective supervision of a licensed professional engineer, and if the applicant has passed the appropriate technical courses needed to perform the work experience. f) If the applicant is seeking credit for military training or experience, the applicant shall follow the procedure set forth in N.J.A.C. 13: g) All information submitted to the Board shall be legible and placed on forms provided by the Board. 13: EXPERIENCE REQUIREMENTS; PROFESSIONAL LAND SURVEYOR; APPLICANTS SEEKING CREDIT FOR MILITARY TRAINING OR EXPERIENCE a) An applicant for a professional land surveying license shall obtain at least three years of experience that the Board determines is consistent with the requirements of N.J.S.A. 45:8-28(e), which shall be original land surveying experience that the Board determines has demonstrated increased responsibility and increased technical expertise over time. All experience shall be gained in the United States under the regular and effective supervision of a licensed professional land surveyor. b) Except as provided in N.J.A.C. 13:40-2.9(a), completion of a master's degree in land surveying shall be substituted for one year of the required professional experience. Chapter 40 Page 19 of 108 Last Revision Date: 11/16/2015

50 c) Completion of a doctorate degree in land surveying shall be substituted for one year of the required professional experience in addition to the amount of substituted experience allowed for the applicant pursuant to (b) above. d) Experience prior to graduation from a Board approved program shall be evaluated by the Board on a case-by-case basis if experience is gained under the regular and effective supervision of a licensed land surveyor, and if the applicant has passed the appropriate technical courses needed to perform the work experience. e) If the applicant is seeking credit for military training or experience, the applicant shall follow the procedure set forth in N.J.A.C. 13: f) All information submitted to the Board shall be legible and placed on forms provided by the Board. 13: WAIVER OF THE FUNDAMENTALS OF ENGINEERING EXAMINATION The Board may waive the fundamentals of engineering portion of the licensure examination provided that, in addition to the education requirements at N.J.A.C. 13:40-2.8, the applicant has a specific record of an additional 15 years or more of experience in engineering work that the Board determines is consistent with the requirements of N.J.S.A. 45:8-2.8(b). Eight of the 15 years of experience must have been gained in the United States or must have been acquired while working for a United States based firm. At least two years of experience gained in the United States shall be original engineering design experience demonstrating increased responsibility over time. All experience shall be gained under the regular and effective supervision of a licensed professional engineer. 13: REFERENCES a) The following provisions apply in the submission of references: 1) References will not be accepted from relatives of the applicant. 2) No current Board member shall be used as a reference. 3) All reference forms must contain the applicant's Board assigned number. 4) No references over one year old will be accepted. Chapter 40 Page 20 of 108 Last Revision Date: 11/16/2015

51 5) References shall attest whether the applicant is qualified to be placed in responsible charge. 13: LANGUAGE COMPREHENSION REQUIREMENT a) Any applicant who received an undergraduate degree from a country where the official language is other than English, prior to taking the examination shall submit to the Board a TOEFL (Test of English as a Foreign Language) certificate from Educational Testing Service with a minimum overall score of 90. This is an internet based test, which evaluates an applicant's abilities in the areas of reading, listening, speaking and writing. Additional information may be obtained from Educational Testing Service at This test shall have been taken within two years of application. b) The following applicants shall be exempt from the requirements of (a) above: 1) An applicant who is an American citizen at the time of obtaining his or her undergraduate degree from a college or university in a country where the official language is other than English; 2) An applicant who has received an undergraduate degree from a foreign country where the official language is English; or 3) An applicant who has received a graduate degree from a college or university located in the United States. 13: BIENNIAL LICENSE RENEWAL; LICENSE SUSPENSION; REINSTATEMENT OF SUSPENDED LICENSE; INACTIVE STATUS a) All licenses issued by the Board shall be issued for a biennial license period. A licensee who seeks renewal of the license shall submit prior to the expiration date of the license a completed renewal application, the renewal fee as set forth in N.J.A.C. 13: and: 1) In the case of a land surveyor, a statement that the licensee has successfully completed the continuing education requirements pursuant to N.J.A.C. 13:40-11; or 2) In the case of an engineer, a statement that the licensee has successfully completed the continuing competency requirements pursuant to N.J.A.C. 13: b) The Board shall send a notice of renewal to each licensee at the address registered with the Board at least 60 days prior to the expiration of the license. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the licensee for failure to renew. Chapter 40 Page 21 of 108 Last Revision Date: 11/16/2015

52 c) If a licensee does not renew the license prior to its expiration date, the licensee may renew the license within 30 days of its expiration by submitting a completed renewal application, the renewal fee, an, in the case of a land surveyor, a statement that the licensee has successfully completed the continuing competency requirements pursuant to N.J.A.C. 13:40-11 and in the case of an engineer, a statement that the licensee has successfully completed the continuing competency requirements pursuant to N.J.A.C 13: During this 30-day period, the license shall be valid, and the licensee shall not be deemed to be engaged in unauthorized practice. d) A license that is not renewed within 30 days of its expiration shall be automatically suspended. An individual with a suspended license who holds himself or herself out as a professional engineer or a professional land surveyor shall be in violation of N.J.S.A. 45:8-27 and N.J.A.C. 13: e) A licensee whose license has been automatically suspended for five years or less for failure to renew pursuant to (d) above may be reinstated by the Board upon completion of the following: 1) Payment of the reinstatement fee and all past delinquent biennial renewal fees as set forth in N.J.A.C. 13:40-6.1; 2) Submission of an affidavit of employment listing each job held during the period of suspended license which includes the name, address, and telephone number of each employer and a listing of every project and report that was signed and sealed by the licensee; and 3) Submission of proof of completion of the continuing competency for each biennial licensure period for which the license was suspended. f) In addition to fulfilling the requirements set forth in (e) above, a licensee whose license has been automatically suspended for more than five years who wishes to return to practice shall reapply for licensure and shall demonstrate that he or she has maintained proficiency. An applicant who fails to demonstrate to the satisfaction of the Board that he or she has maintained proficiency while suspended may be subject to an examination or other requirements as determined by the Board prior to reinstatement of his or her license. g) Renewal applications shall provide the licensee with the option of either active or inactive status. A licensee electing inactive status shall pay the inactive license fee set forth in N.J.A.C. 13: and shall not hold himself or herself out as a professional engineer or professional land surveyor, as the case may be. Chapter 40 Page 22 of 108 Last Revision Date: 11/16/2015

53 h) A licensee who elected inactive status and has been on inactive status for five years or less may be reactivated by the Board upon completion of the following: 1) Payment of the biennial license fee and reactivation fee pursuant to N.J.A.C. 13:40-6.1; 2) Submission of an affidavit of employment listing each job held during the period the license was on inactive status which includes the name, address, and telephone number of each employer and a listing of every project and report that was signed and sealed by the licensee; and 3) Submission of proof of completion of the continuing competency required for each biennial licensure period for which the licensee was on inactive status. i) In addition to fulfilling the requirements set forth in (h) above, a licensee whose license has been on inactive status for more than five years who wishes to return to active status shall reapply for licensure and shall demonstrate that he or she has maintained proficiency. An applicant who fails to demonstrate to the satisfaction of the Board that he or she has maintained proficiency while on inactive status may be subject to an examination or other requirements as determined by the Board prior to reinstatement of his or her license. 13: COMITY a) Comity licensure pursuant to N.J.S.A. 45:8-35(1)(e) and 2(d) shall be granted provided that education, experience, and examination requirements for licensure by the issuing agency are comparable to the requirements of the State of New Jersey at the time of the applicant's initial licensure. For purposes of comity licensure, N.J.S.A. 45:8-27 et seq. does not contain an eminence or grandfather clause, nor provide reciprocity with any state, territory or country. b) The out-of-state license relied upon by an applicant for purposes of comity licensure in New Jersey must be current and in good standing. In the case of multiple state licensure, all out-of-state licenses obtained prior to applying for comity licensure in New Jersey must be in good standing whether active or inactive, in order for licensure pursuant to N.J.S.A. 45:8-35(1)(e) and (2)(d) to be granted. c) A record book from the National Council of Examiners for Engineering and Surveying (NCEES) shall be acceptable to the Board only if it is sent directly to the Board office from the National Council of Examiners for Engineering and Surveying. The applicant shall complete the Board application form in its entirety. The record book shall meet the following requirements: Chapter 40 Page 23 of 108 Last Revision Date: 11/16/2015

54 1) The book shall be labeled with the application number; 2) References over one year old will not be accepted; and 3) All references and transcripts shall be submitted to the Board in conformance with N.J.A.C. 13: through : CREDIT TOWARDS LICENSURE OR CERTIFICATION 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 or certificate of registration under this subchapter may apply to the Board for recognition of the applicant s training, education, or experience received while serving as a member of the Armed Forces, which the Board 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 or certificate of registration, as appropriate. b) The Board shall issue a license or certificate of registration, as appropriate, to the applicant, if the applicant presents evidence to the Board 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 education, training, and experience obtained outside of the Armed Forces, is substantially equivalent in scope and character to the training, experience and education required for licensure or certification under this subchapter. i) An applicant seeking credit for military training and experience shall submit to the Board the applicant s Verification of Military Experience and Training (VMET) Document, DD Form ii) An applicant seeking credit for education courses and/or training completed while in the military who does not hold a degree from an engineering or land surveying program accredited by the Engineering Accreditation Commission of ABET, Inc. shall submit to a transcript review service selected and approved by the Board, a Joint Services Transcript of his or her education and training for a determination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to an ABET, Inc. accredited program. For the purpose of determining substantial equivalence of the Chapter 40 Page 24 of 108 Last Revision Date: 11/16/2015

55 applicant s military education and/or training, the Board shall consider only those courses and/or training relevant to the practice of engineering or land surveying, as applicable, 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 licensure or certification under this subchapter, as appropriate, including, but not limited to, successful completion of any examination or examinations required for licensure or certification. 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. d) If the applicant s military training, education and experience, or a portion thereof, is deemed not to be substantially equivalent to that required for licensure or certificate of registration, as appropriate, the Board shall credit whatever portion of the military training, education, and experience that is substantially equivalent towards meeting the requirements under this subchapter for the issuance of the license or certificate of registration. e) Satisfactory evidence of such education, training, and experience shall be assessed on a case-by-case basis. SUBCHAPTER 3. LICENSURE REQUIREMENT; EXEMPTIONS; STANDARDS OF PRACTICE; MISCONDUCT 13: LICENSURE REQUIREMENT; ISSUANCE AND DISPLAY OF CERTIFICATE; ADVERTISING a) A person shall not use the title "professional engineer," "engineer" or its substantial equivalent or otherwise represent to the public that the person is licensed to practice engineering in this State unless that person is licensed by the Board. b) A person shall not use the title "professional land surveyor," "surveyor" or its substantial equivalent or otherwise represent to the public that the person is licensed to practice professional land surveying in this State unless that person is licensed by the Board. c) All professional engineering and professional land surveying performed for or by a department, institution, commission, board or body of the State Government or for or by any county, city, township, village, borough or other municipal corporation or other Chapter 40 Page 25 of 108 Last Revision Date: 11/16/2015

56 political subdivision in the State shall be performed by a licensed individual in conformance with N.J.S.A. 45:8-27 et seq., 45:4B-1 et seq. and N.J.A.C. 13:40. d) Every holder of a license shall display the license certificate in a conspicuous place in the licensee's principal office, place of business or employment. e) Each license number and license certificate containing the license number issued by the Board shall remain the property of the State of New Jersey, If the Board suspends, fails to renew, or revokes a license, the licensee shall immediately return all certificates to the Board and shall remove the license number from all advertising and anything else on which the license number is displayed or otherwise communicated. f) The Board shall issue a replacement license certificate to a licensee upon payment of the replacement certificate fee as set forth in N.J.A.C. 13: and receipt by the Board of an affidavit or certified statement attesting that the original was either lost destroyed, mutilated or is otherwise no longer in the custody of and cannot be recovered by the licensee. g) The Board shall issue a duplicate license certificate to a licensee upon payment of the duplicate certificate fee as set forth in N.J.A.C. 13: and receipt by the Board of an affidavit or certified statement that the licensee has multiple places of business in which the licensee must display a certificate. A licensee shall not possess more certificates than the number of places of business utilized by the licensee. h) Failure to return a license certificate which has been rendered invalid shall subject the individual to such penalties as provided by law and may be grounds for the Board to refuse to reinstate a license. 13: LICENSURE EXEMPTIONS a) The following persons shall be exempt from the licensure requirements of N.J.A.C. 13:40-3.1: 1) An individual not a resident of and having no established place of business in this State who practices or offers to practice professional engineering or professional land surveying when such practice does not exceed in the aggregate 30 consecutive days in any calendar year provided that the individual is legally qualified by license to practice professional engineering or professional land surveying in any State or county in which the requirements and qualifications for licensure are at least comparable to those required by the Board and no final plans or reports are submitted by the individual; Chapter 40 Page 26 of 108 Last Revision Date: 11/16/2015

57 2) An individual not a resident of and having no established place of business in this State or who recently becomes a resident of this State, who practices or offers to practice professional engineering or professional land surveying for more than 30 days in any calendar year if the individual has filed with the Board an application for licensure and has paid the requisite fees, provided that the individual is legally qualified to practice professional engineering or professional land surveying in any State or country in which the requirements and qualifications for obtaining a license are at least comparable to those required by the Board and this exemption shall continue only for such time as the Board requires for its consideration of the application for licensure; 3) An employee or a subordinate of an individual holding a valid license issued by the Board or an employee of a person exempted from licensure by (a)1 or 2 above, provided that this practice does not include responsible charge of design or supervision; 4) An officer or employee of the Government of the United States while engaged within this State in the practice of professional engineering or professional land surveying for the government; 5) An officer or employee of a corporation engaged in interstate commerce as defined in an act of Congress entitled "Act to regulate commerce," approved February 4, 1887, 24 Stat. 379, and as amended, when practicing professional engineering or professional land surveying solely for that corporation unless such practice affects public safety or health; 6) An employee of a corporation or any of its affiliated companies, any of which are in the field of telecommunications and subject to the jurisdiction of the State Board of Public Utilities or the Federal Communications Commission, when acting on behalf of that corporation or any of its affiliated companies; 7) An employee of a corporation or any of its affiliated companies, any of which are in the field of telecommunications and in which the primary business is research and technical development manufacturing or product design, when acting on behalf of that corporation or any of its affiliated companies; and 8) A person when exclusively practicing professional engineering or professional land surveying on property owned or leased by the person unless such practice involves the safety, health or welfare of the public. b) The design of buildings by professional engineers shall be consistent with section 7 of the Building Design Services Act, N.J.S.A. 45:4B-7. Chapter 40 Page 27 of 108 Last Revision Date: 11/16/2015

58 c) Nothing in this subchapter shall prohibit licensed architects from providing or offering services consistent with the Building Design Services Act, N.J.S.A. 45:4B-1 et seq. 13: ADVERTISING a) Professional engineers and professional land surveyors shall meet the following requirements concerning advertisements: 1) An advertisement shall include a term which is descriptive of the professional services to be rendered, such as "professional engineer," "professional land surveyor," "professional engineering," "engineering," "professional land surveying," "surveying," "professional engineer on staff," "professional land surveyor on staff," "professional engineering services," "professional land surveying services" or the substantial equivalent thereof and may be made only by a professional business entity. 2) An advertisement shall include the name and license number of a professional engineer or professional land surveyor, as appropriate, and, if applicable, the name of the professional business entity and its certificate of authorization number. 3) Each professional engineer and professional land surveyor, who is a principal, partner or officer of a professional business entity, shall be responsible for the form and content of any advertisement, which offers to provide professional engineering and/or professional land surveying services. 4) A copy of each advertisement shall be retained by each professional engineer and professional land surveyor who is a principal, partner or officer of a professional business entity, for a period of three years from the date of the last authorized publication or dissemination of the advertisement and shall be made available for review upon request by the Board. 5) Any professional engineer, professional land surveyor or professional business entity that uses an advertisement containing false or misleading information, including claims of superiority that cannot be substantiated, or that fails to meet the requirements set forth in this subsection shall be deemed to be engaged in professional misconduct. 13: RELEASE OF PROJECT RECORDS a) As used in this section, the term "records" whether electronic, digital or in written form, shall include, but not be limited to, any plans, reports, documents, field notes or other items of work product generated for an engineering or land surveying project as contractually defined, which would be reasonably necessary to the completion of the Chapter 40 Page 28 of 108 Last Revision Date: 11/16/2015

59 project for which the professional engineer or professional land surveyor was originally retained. b) Originals of records shall remain in the possession of the professional engineer or professional land surveyor unless otherwise provided by statute or written contractual agreement. c) The client of a professional engineer or professional land surveyor shall be entitled to complete copies of all records, whether electronic, digital or written form, generated for the engineering and/or land surveying project within a reasonable period of time after forwarding a written request to the professional engineer or professional land surveyor and upon payment of such proportion of fees as reflect the extent of all services performed. 1) Such copies may be signed but shall not be sealed where data utilized as the basis for the preparation of same may have changed since the date the documents were originally prepared. 2) A disclaimer shall be put on said documents which indicates that the data utilized in the documents may have changed. The disclaimer shall read as follows: "This document reflects conditions as of (insert place, date of the original document) and may not show current conditions as of (insert the present date)." d) The professional engineer or professional land surveyor shall be compensated for the reasonable costs of research and reproduction for copies of records released pursuant to this section. 13: ENUMERATION OF PROHIBITED ACTS a) Misconduct in the practice of professional engineering or professional land surveying shall include, without limitation: 1) Acting for his or her client or employer in professional matters otherwise than as a faithful agent or trustee; accepting any remuneration other than his or her stated recompense for services rendered. 2) Disregarding the safety, health and welfare of the public in the performance of his or her professional duties: preparing or signing and sealing plans, surveys or specifications which are not of a safe design and/or not in conformity with accepted Chapter 40 Page 29 of 108 Last Revision Date: 11/16/2015

60 standards. If the client or employer insists on such conduct, the licensee shall notify the proper authorities and withdraw from further service on the project. 3) Advertising in violation of N.J.A.C. 13: ) Engaging in any activity which involves him in a conflict of interest, including without limitation: i) A licensee shall inform his client or employer of any business connection, interest or circumstance which might be deemed as influencing his judgment or the quality of his services to the client or employer. ii) When in public service as a member, advisor or employee of a governmental agency, a licensee shall not participate in the deliberations or actions of such agency with respect to services rendered or to be rendered by the licensee or any firm or organization with which he is associated in private practice. iii) A licensee shall not solicit or accept a professional contract from a governmental agency upon which a principal, officer or employee of his firm or organization serves as a member, advisor or employee. iv) A licensee shall not accept compensation or remuneration, financial or otherwise, from more than one interested party for the same service or for services pertaining to the same work, unless there has been full disclosure to and consent by all interested parties. v) A licensee shall not accept compensation or remuneration, financial or otherwise, from material or equipment suppliers for specifying their product. vi) A licensee shall not accept commissions or allowances, directly or indirectly, from contractors or other persons dealing with his client or employer in connection with work for which he is responsible to the client or employer. 5) Affixing his or her signature and seal to any plans, specifications, plats or reports or surveys which were not prepared by him or her or under his or her supervision by his or her employees or subordinates. 6) Failure to comply with Federal, state or local laws, rules or regulations relating to the practice of the profession. Chapter 40 Page 30 of 108 Last Revision Date: 11/16/2015

61 7) Permitting or allowing any person not appropriately licensed pursuant to N.J.S.A. 45:8-27 et seq. or this chapter to act for or on behalf of the licensee as his representative, surrogate or agent while appearing before any public or private body for the purpose of rendering professional engineering or professional land surveying services. 8) Failure to determine and document the identity of the client prior to commencing any work. All correspondence, contracts, bills shall be addressed to that client, unless expressly directed otherwise, in writing, by the client. 9) Failure to keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information. 10) Failure to explain a matter to the extent reasonably necessary to permit the client to make informed decisions. 11) Failure of a licensee to respond in writing within 30 days to a written communication from the State Board of Professional Engineers and Land Surveyors with respect to any investigative inquiry relating to the possible violation of any statute or regulation administered by the Board, and to make available any relevant records with respect to such an inquiry. The 30-day period shall begin on the day when such communication was sent from the Board by certified mail with return receipt requested to the address appearing on the last registration. 12) Rendering engineering or land surveying services and/or professional opinions when not qualified by training, education and experience in the specific discipline of professional engineering and/or professional land surveying that is involved. 13) Engaging in any activity which results in suspension, revocation or surrender of a professional license or certification in another jurisdiction. 14) Failure to comply with the requirements set forth in N.J.A.C. 13:40-5.1(d) and 5.2 concerning the waiver of the setting of corner markers. 13: REPORTING INCIDENTS OF PROFESSIONAL MISCONDUCT If a licensee has knowledge or reason to believe that another person or firm may be in violation of or has violated any of the statutes or rules administered by the State Board of Professional Engineers and Land Surveyors, he or she shall present such information to the Board in writing and shall cooperate with the Board in furnishing such information or assistance as may be required by the Board. Chapter 40 Page 31 of 108 Last Revision Date: 11/16/2015

62 SUBCHAPTER 4. GENERAL PROVISIONS 13: NOTIFICATION OF CHANGE OF ADDRESS; SERVICE OF PROCESS a) A licensee of the State Board of Professional Engineers and Land Surveyors shall notify the Board in writing of any change of address from that currently registered with the Board and shown on the most recently issued certificate. Such notice shall be sent to the Board by certified mail, return receipt requested, not later than 30 days following the change of address. 1) All addresses of licensees shall contain street names and numbers. Post office box numbers without street addresses shall not be acceptable. b) Failure to notify the Board of any change of address pursuant to (a) above may result in disciplinary action. c) Service of an administrative complaint or other Board initiated process at a licensee's address on file with the Board shall be deemed adequate notice when service by certified or regular mail is acceptable and shall allow the commencement of any disciplinary proceedings. 13: SCOPE OF PRACTICE; HOME INSPECTIONS a) An engineer licensed by the State Board of Professional Engineers and Land Surveyors may apply to the Board for certification of eligibility for licensure as a home inspector. b) The licensed professional engineer shall submit to the Board an application provided by the Board and the application fee in the amount set forth at N.J.A.C. 13: The licensed professional engineer shall document through submission of the application that the engineer possesses the requisite training, education and experience to conduct home inspections specifically related to the following systems and components: 1) Structural components; 2) Exterior components; 3) Roofing system; 4) Plumbing system; Chapter 40 Page 32 of 108 Last Revision Date: 11/16/2015

63 5) Electrical system; 6) Heating system; 7) Cooling system; 8) Interior component system; 9) Insulation system; 10) Ventilation system; 11) Fireplace system; 12) Solid fuel burning appliances or systems; and 13) Related residential housing component systems. c) The Board shall review the qualifications of the licensed professional engineer to determine whether the engineer is qualified to perform a home inspection pursuant to the requirements of (b) above. If the Board determines that the applicant is qualified to perform home inspections, the Board shall refer the application to the Home Inspection Advisory Committee which shall issue a home inspector license to the engineer in accordance with the requirements of N.J.A.C. 13: d) Upon issuance of a home inspection license by the Committee, the licensed professional engineer shall be subject to the license fees set forth in N.J.A.C. 13: and shall perform home inspections in accordance with the rules of the Committee as set forth in N.J.A.C. 13: SUBCHAPTER 5. PROFESSIONAL LAND SURVEYORS; PREPARATION OF LAND SURVEYS 13: PROFESSIONAL LAND SURVEYORS; PREPARATION OF LAND SURVEYS a) The practice of land surveying includes surveying of areas for their correct determination and description and for conveyancing, and for the establishment or reestablishment of land boundaries and the plotting of lands and subdivisions thereof, and such topographical survey and land development as is incidental to the land survey. Chapter 40 Page 33 of 108 Last Revision Date: 11/16/2015

64 b) Prior to conducting a survey, the licensed professional land surveyor shall obtain all pertinent information and documentation in the client's possession relative to the property to be surveyed. Such information may include, but not be limited to, earlier surveys, record deeds, title reports, original tract maps, public records and State, county or municipal maps. When such information provided is not sufficient to meet the owner's needs, the surveyor shall make all reasonable efforts to obtain all information and documentation needed to render an accurate survey. c) When a property survey is to be performed, a field survey must be made of the property in question and such field survey shall include all measurements and recording of all data as may be necessary to perform an accurate survey. The licensed professional land surveyor shall either perform the field survey or exercise sufficient supervision of the work as necessary to fulfill adequately all professional responsibilities. d) Appropriate corner markers, such as stakes, iron pipes, cut crosses, monuments and such other markers as may be authorized by (d)2 below, shall be set either by the licensed professional land surveyor or under the supervision of the licensed professional land surveyor. Such markers shall be set at each property corner not previously marked by a property marker, unless the actual corner is not accessible, or unless a written waiver signed by the ultimate user and witnessed by a person other than a professional land surveyor is obtained as set forth in N.J.A.C. 13: The failure to obtain a waiver when corner markers are not set shall be considered professional misconduct. Any violation of this subsection shall subject the licensee to a penalty of not more than $2,500 for each violation. 1) All boundary or corner markers delineating the property surveyed, found or set, must be described on the plat of survey with data provided to show their relation to the property or corner or, if appropriate, to the boundary lines. When a property corner cannot be set because of physical constraints, a witness marker shall be set and so noted upon the plat of survey. 2) Markers for property corners set by licensed surveyors shall be composed of durable material and be of the minimum length practical to reasonably assure permanence, with a recommended length of 18 inches or more. These markers may include: i) Concrete monuments; ii) Iron pins, one-half inch O.D. or larger; iii) Reinforcing steel bars one-half inch O.D. or larger; Chapter 40 Page 34 of 108 Last Revision Date: 11/16/2015

65 iv) Iron pipes, one-half inch O.D. or larger; v) Commercially manufactured iron or aluminum monuments; vi) Brass discs (or similar metal), set in durable material; vii) Nails or spikes set in durable materials; viii) Drill holes in durable materials; and ix) Plastic stakes. 3) The marker requirements in (d)2 above do not apply to intermediate points set on line or for random traverse points. 4) In all cases listed in (d)2 above the marker shall be identified with a durable cap, disc, shiner, or other appropriate identifier, bearing the name of the surveyor or firm responsible for setting the corner. 5) All markers set pursuant to (d)2 above shall be detectable with conventional instruments used to find ferrous or magnetic objects. 6) Paragraph 2 of subsection (d) does not apply to individual condominium units where same are composed totally of buildings. 7) Monuments where required to be set pursuant to the "Map Filing Law" at N.J.S.A. 46: shall be: i) Composed of concrete, containing ferrous material detectable with conventional metal detecting instruments; ii) At least 30 inches long below finished grade with the top and bottom at least four inches square; and iii) Identified with a durable cap, disc, or shiner bearing the name of the surveyor or firm responsible for setting the monument. Chapter 40 Page 35 of 108 Last Revision Date: 11/16/2015

66 8) In the event a monument as specified in (d)7 above is impracticable to install due to physical conditions, the surveyor shall install the most appropriate material necessary to establish permanent, metal detectable monumentation. 9) In the event it is impossible to set a monument as specified in (d)7 above at the prescribed control points, an offset monument shall be set bearing a plate stamped with the word "offset." 10) In all cases listed in (d)8 and 9 above, the surveyor shall acknowledge in the monument installation certification, use of substituted material and/or the use of offset monumentation. Proper instrument sights shall be established and complete offset data shall be recorded with the monument certification to the municipality. e) A plat, also referred to as a plan of survey, shall be prepared either by the licensed professional land surveyor or under the supervision of the licensed professional land surveyor. Such plat shall show all matter relevant to a complete and clear exposition of the property. f) The items that must always be shown are: 1) Title block complying with N.J.A.C. 13:40-8; 2) The State, county and municipality in which the property is located and specific data as provided by the owner identifying the property or other pertinent identifying data as deemed appropriate by the surveyor, including block, lot number and address; 3) North arrow, identifying the horizontal datum of the survey (for example, NAD27, NAD83, magnetic, deed book and page, etc.) and scale; 4) The point of beginning; 5) Metes and bounds of the property in question; all measurements are to be indicated in feet and decimals of a foot except when legal requirements or professional custom and usage require another form of measurement; 6) Property corner markers, both found and set, and the relation of existing markers to the property corner or, if appropriate, to the boundary lines; 7) Street and street names and widths when such streets abut or adjoin the property in question. If the street is not open, the survey should so indicate; Chapter 40 Page 36 of 108 Last Revision Date: 11/16/2015

67 8) Encroachments of structures both on the premises in question and/or adjoining properties; 9) Fences, tree rows, hedges, streams, ditches, building locations, easements and any physical occupation influencing property line determination; 10) In all cases, survey work shall be performed in accordance with currently accepted accuracy standards, but such accuracy standards may be limited by contractual agreements. Such limitations shall be appropriately noted on the final drawing. g) Notwithstanding any other provisions of these rules to the contrary, the following items may be omitted where contractual agreements with the client so provide: 1) Areas of established city lots or recorded subdivision map lots, unless the area is recited in the record deed of the property in question; 2) Fences and streams and ditches, unless such fences, streams and ditches are on or in close proximity to the property lines or otherwise affect the property lines in question; 3) Sidewalks, driveways, walkways or other traveled ways, unless such ways affect the property lines in question; 4) Utility lines, easements of right-of-way lines, except when recited in the record deed or when such utility lines, easements of right-of-way lines affect the use of adjacent properties or the property in question; 5) Location and type of building and other structures on the property in question; and 6) Metes and bounds description of the property. h) When any of the various items listed in (g) above are omitted, the plat or plan of survey should indicate the specific omitted items in a factual way that such omissions are made. i) Upon completing the plat or plan of survey, the licensed professional land surveyor shall provide the client an agreed upon number of prints of the survey drawing. Such print copies of the plat or plan of survey shall bear the signature and impression seal of the licensed professional land surveyor. Certification by the licensed professional land surveyor may be given when requested by the client. Chapter 40 Page 37 of 108 Last Revision Date: 11/16/2015

68 1) The licensed professional land surveyor shall also supply a description of the property surveyed when the survey is to be used for conveyancing (title transfer or mortgage). This description must be suitable for use in a deed. The description shall be by metes and bounds or by reference to a filed plan, block and lot. If a filed plan, block and lot is utilized, the entire title of the filed plan shall be set forth along with, the filed plan number and the date on which the plan was recorded in the office of the County Recording Officer. If there is any deviation from the filed plan to the completed survey, a description by filed plan, block and lot, shall not be utilized. The deed description shall be consistent with both the survey provided and the documentation upon which the survey was based and shall be written in such a manner as to define the boundary lines of real property unambiguous and sufficient for a surveyor to lay it out on the ground. This description may be reproduced on the survey plat itself or may be by separate document. If the deed description is provided on the survey plat, it must be titled "Deed Description." If a separate document is provided, the description shall be signed and sealed by the licensed professional land surveyor responsible for its preparation. 2) The term "referenced" shall not be utilized when referring to a filed plat when it is intended to meet the requirements of supplying the deed description listed in (i)1 above. It shall also be improper to use or reference a municipal tax map to comply with the requirements for deed description by reference to a filed plat. A tax map shall not be deemed a filed plan for the purpose of title transfer. j) No reproductions or photographic copies of a plan or survey shall be offered or issued by a licensee for use in any court, land transaction or filing in any public agency or office unless such copies shall bear the signature and impression seal of the licensed professional land surveyor. k) Tax assessment maps must be prepared by a licensed professional land surveyor, who is obligated to prepare such maps in full compliance with the legal requirements pertaining to such maps. l) Failure to comply with the provisions of this subchapter and with applicable State laws and local ordinances may subject the licensed professional land surveyor to disciplinary action. m) Subdivision plats, whether classified as major or minor, preliminary or final, shall be prepared by a licensed professional land surveyor and shall be based on a new or existing current and accurate survey of the property being subdivided. Chapter 40 Page 38 of 108 Last Revision Date: 11/16/2015

69 1) The licensee shall provide appropriate survey information, as set forth above, to permit a subsequent licensed professional land surveyor to accurately lay out newly described lots. 2) If a newly described lot will be adjacent to or abutting a perimeter line, the licensee shall ensure that the perimeter line is accurately established on the ground. 3) In all instances, including where deeds are used to record minor subdivisions and/or where an existing plat or plan of survey is used, only the licensee who prepared the boundary map on which the subdivision is based may provide the certification on the subdivision plat that the boundary survey is accurate and was prepared under his or her supervision, as required by the Map Filing Law, N.J.S.A. 46: (n), and in accordance with N.J.A.C. 13:40-9, Responsible Charge of Engineering or Land Surveying Work. n) Maps prepared to show topographic data or planimetric data, which also delineate property lines or street right-of-way lines thereon shall be prepared by a licensed professional land surveyor and shall identify the vertical datum and include reference to a benchmark on the site. Such survey information may be transferred to construction plans or other drawings if duly noted as to the date of the survey, by whom, and for whom it was prepared. 13: WAIVER OF CORNER MARKER a) For purposes of this section, "ultimate user" means the contract purchaser of the property. If no purchaser exists, the ultimate user is the owner of the property. In cases where there are multiple ultimate users of the property being surveyed, only one ultimate user is required to sign the waiver. b) Whenever the setting of corner markers is waived by the ultimate user, the professional land surveyor shall: 1) Advise the ultimate user in writing as set forth in (c) below of the impact of signing the corner marker waiver. Such advice shall include, but not be limited to: i) The possible need for a future survey as a result of physical improvements to the property; and ii) The potential inability of the ultimate user to identify the boundary of the property; Chapter 40 Page 39 of 108 Last Revision Date: 11/16/2015

70 2) Review the waiver to ensure that it is properly signed by the ultimate user and witnessed by a person other than a professional land surveyor; and 3) Perform a physical measurement of the property. c) The corner marker waiver shall be in the following form: WAIVER AND DIRECTION NOT TO SET CORNER MARKERS To: (Name, address and telephone number of the Land Surveyor) FROM: (Name, address and telephone number of the Ultimate User) Re: Property (Lot and block number, municipality or other identifier) This is to advise that I have been made aware of my right to have corner markers set as part of a survey to be performed on the aforementioned property. In addition, I have been made aware of the potential impact of signing the waiver including: (1) the possible need for a future survey as a result of physical improvements to the property, such as a fence, addition, deck, pool, or shed, and (2) the potential inability of the ultimate user to identify the boundary of the property which could result in a boundary dispute with an adjoining property owner and/or property improvements not accurately situated on my property. The right to have corner markers set is hereby waived, and you are directed to perform the land survey without the setting of corner markers as provided by the regulation (N.J.A.C. 13:40-5.2) of the State Board of Professional Engineers and Land Surveyors. Ultimate User's Signature Chapter 40 Page 40 of 108 Last Revision Date: 11/16/2015

71 Date: Witness' Signature Date: Name of Witness (Typed or Printed) Address of Witness (Typed or Printed) I hereby certify that I have: 1. Advised the ultimate user of the impact of signing the corner marker waiver, which shall include, but not be limited to, the possible need for a future survey as a result of physical improvements to the property and the potential inability of the ultimate user to identify the boundary of the property; 2. Reviewed the waiver to ensure that it was properly signed by the ultimate user and witnessed by a person other than a land surveyor; and 3. Performed a physical measurement of the property. New Jersey Licensed Land Surveyor Date: d) Whenever a written waiver to omit corner markers is obtained, the following notation shall be included on the plat or plan of survey: "A written Waiver and Direction Not to Set Corner Markers has been obtained from the ultimate user pursuant to P.L. 2003, c.14 (N.J.S.A. 45:8-36.3) and N.J.A.C. 13:40-5.1(d)." e) The licensee shall maintain the signed corner marker waiver for a minimum of six years. Chapter 40 Page 41 of 108 Last Revision Date: 11/16/2015

72 f) The licensee shall submit documentation of any waiver to the Board upon its request. g) The Board may review the records of licensees periodically to determine compliance with this section. h) Failure to comply with the provisions of this section shall be deemed professional misconduct. Any violation of the provisions of (d) or (e) above shall subject the licensee to a penalty of not more than $2,500 per violation. SUBCHAPTER 6. FEES 13: FEE SCHEDULE a) The following fees shall be charged by the Board: 1) Application fees: i) Engineer-in-training... $30.00 ii) Professional engineer... $75.00 iii) Land surveyor-in-training... $30.00 iv) Land surveyor... $ ) Initial license fee: i) During the first year of a biennial renewal period... $80.00 ii) During the second year of a biennial renewal period... $ ) Biennial renewal fee... $ ) Retired license fee... $ ) Inactive license fee... (to be determined by the Director by rule) 6) Late renewal fee... $50.00 Chapter 40 Page 42 of 108 Last Revision Date: 11/16/2015

73 7) Reinstatement fee... $ ) Reactivation fee: i) Retired licensee... $40.00 ii) No-fee retired licensee... $80.00 iii) Inactive licensee... $ ) Duplicate certificate fee... $ ) Replacement wall certificate... $ ) Continuing competency program review fee: i) For each program provider who seeks approval... $ ii) For each course for which a licensee seeks approval... $ ) Fees shall be nonrefundable and nontransferable. 13) Any applicant who is required under N.J.A.C. 13:40-2 to have his or her degree evaluated must pay via certified check or money order the actual cost of the evaluation. b) For a Certificate of Authorization issued pursuant to P.L. 1989, c. 276, general business corporations and limited liability companies offering to provide engineering or land surveying services in New Jersey shall pay a fee of $ for a biennial period, or $60.00 per year. The late renewal fee for Certificate of Authorization is $ The reinstatement fee for Certificate of Authorization is $ SUBCHAPTER 7. PERMISSIBLE DIVISION OF RESPONSIBILITY IN SUBMISSION OF SITE PLANS AND MAJOR SUBDIVISION PLATS 13: GENERAL PROVISIONS a) Definitions: All words, terms, and phrases shall be as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. Chapter 40 Page 43 of 108 Last Revision Date: 11/16/2015

74 b) Preparation and submission of the various elements of a preliminary or final site plan or major subdivision plat shall be within the professional scope of the various professions as listed in this subchapter. 13: DEPICTION OF EXISTING CONDITIONS ON A SITE PLAN a) Survey: Showing existing conditions and exact location of physical features including metes and bounds, drainage, waterways, specific utility locations, and easements: By a land surveyor. 1) Survey information may be transferred to the site plan if duly noted as to the date of the survey, by whom, and for whom. A signed and sealed copy of the survey shall be submitted to the reviewing governmental body with the site plan submission. b) Vegetation, general flood plain determination or general location of utilities, buildings or structures: By an architect, planner, engineer, land surveyor, licensed landscape architect or other person acceptable to the reviewing governmental body. 13: PREPARATION OF SITE PLAN a) The location of proposed buildings and their relationship to the site and the immediate environs: By an architect, engineer, or licensed landscape architect. b) The locations of drives; parking layout; pedestrian circulation; and means of ingress and egress: By an architect, planner, engineer, or licensed landscape architect. c) Drainage facilities for site plans of 10 acres or more; or involving stormwater detention facilities; or traversed by a water course: By an engineer only. d) Other drainage facilities: By an architect or engineer. e) Utility connections and on tract extensions: By an engineer or architect. f) Off tract utility extensions: By an engineer only. g) On site sanitary sewage disposal or flow equalization facilities: By an engineer only. h) Preliminary floor plans and elevation views of buildings illustrating the architectural design of a project: By an architect, except when the building is part of an engineering or industrial project, floor plans and elevation views may be by an engineer. Chapter 40 Page 44 of 108 Last Revision Date: 11/16/2015

75 i) Landscaping, signs, lighting, screening or other information not specified above: By an architect, planner, engineer, licensed landscape architect or other person acceptable to the reviewing governmental body. j) The general layout of a conceptual site plan for a multiple building project, showing the development elements, including their relationship to the site and immediate environs: By an architect, planner, engineer or licensed landscape architect. k) The grading of land and water forms, natural drainage, and determination of related impacts, assessments, and problems of land disturbance including erosion and sedimentation, blight, or other hazards: By an architect, engineer, or licensed landscape architect. 13: PREPARATION OF A MAJOR SUBDIVISION PLAN a) The general location of facilities, site improvements and lot layouts: By an architect, engineer, land surveyor, planner or licensed landscape architect. b) The design and construction details of all public improvements including street pavements, curbs, sidewalks, sanitary sewage, storm drainage facilities: By an engineer only. c) Final subdivision map with metes and bounds: By a land surveyor only. 13: EFFECT OF LOCAL ORDINANCES a) Informal site plans, not required by local ordinances are excluded from this rule. b) No municipal or county ordinance, policy or action purporting to define the scope of professional activity of architects, engineers, land surveyors, planners or licensed landscape architects in the preparation of site plans or major subdivisions shall reduce or expand the scope of professional practice recognized by the boards. Chapter 40 Page 45 of 108 Last Revision Date: 11/16/2015

76 SUBCHAPTER 8. SEALING AND TITLE BLOCK REQUIREMENTS FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS 13: SIGNING AND SEALING OF DOCUMENTS a) All sealing of documents shall be done with a digital or an impression-type seal, the design of which shall be authorized by the Board and shall contain the name and license number of the professional engineer or professional land surveyor and the legend "Licensed Professional Engineer," "Licensed Land Surveyor" or "Licensed Professional Engineer and Land Surveyor," as the case may be. Alternatives, such rubber stamp facsimiles of the seal shall not be permitted. Digital seals may be used, so long as they are in compliance with N.J.A.C. 13:40-8.1A. b) The application of a signature and seal to documents relating to the practice of professional engineering and/or professional land surveying shall indicate that the licensee has provided regular and effective supervision to those individuals performing services that directly and materially affect the quality and competence of the engineering or land surveying work rendered. 1) The following documents shall be signed and sealed and shall contain the name of the professional business entity and, if appropriate, the entity's certificate of authorization number: i) Maps, plats, reports, descriptions, plans, design specifications, certifications or similar documents; and ii) Shop drawings for the construction of buildings, structures and related equipment, or for other purposes, the preparation of which requires engineering calculations and/or engineering input. Catalog information and standard product information shall be exempt from the requirements of this section. c) The signature and/or seal signifies that the licensee takes professional responsibility for the document based upon the accepted standards of practice in place at the time the documents were sealed. d) Where the document includes the work of more than one professional, each professional shall sign and seal the document with clear reference to the work that he or she has performed. See "N.J.A.C. 13: for title block requirements. Chapter 40 Page 46 of 108 Last Revision Date: 11/16/2015

77 e) A licensee shall not affix a signature and/or seal to documents constituting the practice of the profession regulated which have been prepared by another person unless such work was performed under the direction and supervision of the licensee. f) Incomplete and/or draft plans, documents and sketches, whether advanced or preliminary copies, shall be conspicuously identified and may be signed but shall not be sealed, provided that the licensee inserts the language that This is not a sealed document in place of the seal in the title block. 13:40-8.1A DIGITAL SIGNATURES AND SEALS a) A digital signature and seal shall carry the same weight, authority, and effect as a handwritten signature and impression-type seal when the following criteria are met: 1) The digital signing and sealing process satisfies the requirements of the Digital Signature Standard (DSS) established by the National Institute of Standards and Technology, FIPS PUB 186-4, Digital Signature Algorithm Validation System, (2014), which is hereby incorporated by reference, as amended and supplemented. This standard may be obtained at the following website: The digital signature and seal must be: i) Unique to the licensee; ii) Verifiable by a trusted third party or some other approved process as belonging to the licensee; iii) Under the licensee s direct and exclusive control; and iv) Linked to a document in such a manner that the digital signature and seal is invalidated if any data in the document is changed. Once the digital signature and seal are applied to the document, the document shall be available in read-only format if the document is to be digitally transmitted. b) A licensee who digitally signs and seals a document shall maintain a digital copy of the electronically transmitted document that has also been digitally signed and sealed for future verification purposes in accordance with N.J.A.C. 13:40-3.4(b). c) The pictorial representation of the digital signature and seal shall be readily available to the Board upon Board request and shall be produced in a manner acceptable to the Board. It shall contain the same words and shall have substantially the same graphic Chapter 40 Page 47 of 108 Last Revision Date: 11/16/2015

78 appearance and size as when the image of the digitally transmitted document is viewed at the same size as the document in its original form. d) Licensees are responsible for the use of their private digital keys. A lost or compromised key shall not be used and the licensee shall cause a new key pair to be generated in accordance with the criteria described in (a) above. A licensee shall take all reasonable steps to ensure that a compromised key is invalidated, and shall inform all affected clients that the digital key has been compromised. 13: TITLE BLOCK ON DRAWINGS; FORMS; REMOVAL a) Every licensee shall provide a title block on all drawings (except renderings), and similar information on the title page of all specifications and reports constituting the practice of the profession. b) The title block shall be in such form as the Board may adopt or approve. c) Such title block shall be distinct and separate from any other title block, plaque, or any similar device of illustration or lettering. d) The title block shall be lettered on the drawing in such a manner as to reproduce clearly on all prints and reproductions thereof. e) No person shall remove a title block from any manually drafted or digital drawing, or from any print or reproduction for any reason. 13: TITLE BLOCK CONTENTS a) The title block shall contain: 1) The name and location of the project; 2) The name and address of the engineering or land surveying individual firm, partnership, limited liability partnership, limited liability company, corporation, professional association or professional service corporation. The name of the firm in the case of a limited liability partnership shall be followed by the words "Limited Liability Partnership" or the abbreviation "LLP" or "L.L.P." The name of the firm in the case of a limited liability company shall be followed by the words "Limited Liability Company" or the abbreviation "LLC" or "L.L.C." 3) The full name and license number of the person(s) in responsible charge; Chapter 40 Page 48 of 108 Last Revision Date: 11/16/2015

79 4) The title "professional engineer" and/or "professional land surveyor" spelled out; 5) The signature of the person(s) in responsible charge and the date when signed; and 6) If applicable, the certificate of authorization number as required by N.J.S.A. 45:8-56 and N.J.A.C. 13: b) An appropriate title block shall be provided on a site plan, which shall be included in any set of drawings of a building project. Any plan including land surveying data must also bear the title block or identity of the professional land surveyor who performed the land surveying work. c) The title block may contain the initials of the draftsmen or checker, and dates, drawing numbers, revision numbers and such similar incidental items are as customary in practicing engineers' or land surveyors' offices, provided that the name of the person(s) in responsible charge is readily discernible from the other information on the document and contained within the heavy borderline of the title block. 13: PROPOSED TITLE BLOCK FORM Any licensee may submit a proposed form of title block to the State Board of Professional Engineers and Land Surveyors for approval. 13: TITLE BLOCK USE FOR PROFESSIONAL ENGINEER AND PROFESSIONAL LAND SURVEYOR WORK PROJECT In the event the project contains the work of both a professional engineer and a professional land surveyor, any individual licensed in both professions may use the title "professional engineer and professional land surveyor," which can be spelled out in one title block. 13: SUBTITLE BLOCK OF INDEPENDENT PROFESSIONAL If a project includes the work of any other licensed professional, not under the immediate supervision of the licensee in responsible charge and not otherwise identified in accordance with N.J.A.C. 13:40-7, a subtitle block of that professional firm or individual must appear on all plans involving that profession and each professional shall sign and seal the document with clear reference to the work that he or she has performed. Chapter 40 Page 49 of 108 Last Revision Date: 11/16/2015

80 SUBCHAPTER 9. RESPONSIBLE CHARGE OF ENGINEERING OR LAND SURVEYING WORK 13: SUPERVISION OF SUBORDINATES; MAINTAINING RECORDS OF ADEQUATE SUPERVISION; ACTS REFLECTING INADEQUATE SUPERVISION a) A licensee in responsible charge of an engineering or land surveying project shall render regular and effective supervision to those individuals performing services which directly and materially affect the quality and competence of engineering or land surveying work rendered by the licensee. b) A licensee shall maintain such records as are reasonably necessary to establish that the licensee exercised regular and effective supervision of an engineering or land surveying project of which he was in responsible charge. c) A licensee engaged in any of the following acts or practices shall be deemed not to have rendered the regular and effective supervision required herein: 1) The regular and continuous absence from principal office premises from which professional services are rendered; except for performance of field work or presence in a field office maintained exclusively for a specific project; 2) The failure to personally inspect or review the work of subordinates where necessary and appropriate; 3) The rendering of a limited, cursory or perfunctory review of plans or projects in lieu of an appropriate detailed review; 4) The failure to personally be available on a reasonable basis or with adequate advance notice for consultation and inspection where circumstances require personal availability. SUBCHAPTER 10. CERTIFICATES OF AUTHORIZATION 13: ISSUANCE OF CERTIFICATES OF AUTHORIZATION a) Upon review and approval by the Board of a completed application, the Board shall issue a certificate of authorization to a limited liability company (LLC) or a corporation, other than a professional service corporation established pursuant to the Professional Service Chapter 40 Page 50 of 108 Last Revision Date: 11/16/2015

81 Corporation Act, P.L. 1969, c. 232 (N.J.S.A. 14A: 17-1 et seq.), if the LLC or corporation meets the following requirements: 1) At least one of the LLC's or corporation's officers or full-time employees is a licensed professional engineer and/or professional land surveyor in this State who shall be in responsible charge of the professional services rendered by the LLC or corporation; or 2) The LLC or corporation has entered into a written contract with a New Jersey licensed professional engineer or professional land surveyor pursuant to N.J.A.C. 13: b) In applying for a certificate of authorization, an applicant shall submit to the Board: 1) A completed application form designated by the Board, which shall include, at a minimum, the following: i) The name and address of the LLC or corporation and its satellite offices; ii) The names, addresses, license numbers and signatures of all officers, board members, directors, principals and any licensees who shall be in responsible charge of the practice of professional engineering and/or professional land surveying through the LLC or corporation; iii) The names, addresses, license numbers, and amount and percentage of ownership interest of the LLC or corporation of persons who are licensees of the Board or who are closely allied professionals; iv) The names, addresses, and amount and percentage of ownership interest of the LLC or corporation of persons who are not licensees of the Board nor closely allied professionals; and v) The name and address of the LLC's or corporation's registered agent for service of process in New Jersey; 2) A certified copy of the Certificate of Formation or Incorporation for an LLC or corporation created in this State or, for an LLC or corporation created outside New Jersey, a certified copy of a Certificate of Authority issued by the Division of Revenue in the New Jersey Department of Treasury and a certified copy of the Certificate of Formation or Incorporation, or its equivalent, issued by the home state; Chapter 40 Page 51 of 108 Last Revision Date: 11/16/2015

82 3) A copy of the most current annual report filed with the Division of Revenue in the New Jersey Department of Treasury; 4) If appropriate, a copy of the signed contract entered into pursuant to N.J.A.C. 13: ; and 5) The certificate fee as set forth in N.J.A.C. 13: c) The certificate of authorization shall designate all New Jersey licensees who are in responsible charge of the professional engineering and/or professional land surveying activities and decisions of the LLC or corporation. All final drawings, papers and documents involving the practice of professional engineering and/or professional land surveying, when issued by the LLC or corporation or filed for public record, shall be signed and sealed by the New Jersey licensee who is in responsible charge of the work. d) The LLC or corporation that has been issued a certificate of authority and its licensees who are in responsible charge of the professional engineering and/or professional land surveying activities and decisions of the LLC or corporation have a continuing duty to inform the Board within 30 days of any change in the information that was provided to the Board as required pursuant to (b) above, including a copy of each annual report filed with the Division of Revenue. e) Misrepresentation of any information provided to the Board or failure to provide updated information as required under (d) above may result in the suspension of the certificate of authority and/or may be deemed to be professional misconduct of the licensees found to be in responsible charge of the professional engineering and/or professional land surveying activities and decisions of the LLC or corporation. f) Failure by a licensee in responsible charge to render regular and effective supervision pursuant to N.J.A.C. 13: shall constitute professional misconduct. 13: BIENNIAL RENEWAL OF CERTIFICATES OF AUTHORIZATION a) All certificates of authorization issued by the Board shall be issued for a biennial period. An LLC or corporation seeking renewal of the certificate shall submit a completed renewal application, a copy of the current annual report filed with the Division of Revenue in the New Jersey Department of Treasury and the renewal fee as set forth in N.J.A.C. 13: prior to the expiration date of the license. b) The Board shall send a notice of renewal to each certificate holder at the address registered with the Board at least 60 days prior to the expiration of the certificate. If the Chapter 40 Page 52 of 108 Last Revision Date: 11/16/2015

83 notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the certificate holder for failure to renew. c) If a certificate holder does not renew the certificate prior to its expiration date, the certificate holder may renew the certificate within 30 days of its expiration by submitting a completed renewal application, a copy of the current annual report filed with the Division of Revenue in the New Jersey Department of Treasury, and the renewal fee and late fee as set forth in N.J.A.C. 13: During this 30-day period the certificate shall be valid, and the certificate holder shall not be deemed to be engaged in unauthorized practice. d) A certificate of authorization that is not renewed within 30 days of its expiration shall be automatically suspended. An LLC or corporation, other than a professional service corporation established pursuant to the Professional Service Corporation Act, P.L. 1969, c. 232 (N.J.S.A. 14A:17-1 et seq.), that provides or advertises professional engineering and/or professional land surveying services while its certificate of authority is suspended shall be in violation of N.J.S.A. 45:8-56. e) A certificate of authorization that has been automatically suspended for non-renewal may be reinstated upon the LLC or corporation submitting a completed reinstatement application, a copy of the current annual report filed with the Division of Revenue in the New Jersey Department of Treasury, and the renewal fee and reinstatement fee as set forth in N.J.A.C. 13: : CONTRACT REQUIREMENT a) Any business corporation or limited liability company that does not have an officer or employee who is in responsible charge and is licensed as a professional engineer and/or professional land surveyor in this State and which offers or renders such services shall, prior to the offer or rendering of any such service, have a written contract with a New Jersey licensed professional engineer or licensed professional land surveyor, and have obtained a certificate of authorization pursuant to N.J.S.A. 45:8-56 and N.J.A.C. 13: Such written contract shall clearly indicate the licensee to be in responsible charge of the engineering or land surveying services. b) A licensed professional engineer or licensed professional land surveyor rendering engineering or surveying services for a business corporation or limited liability company that is required to obtain a certificate of authorization pursuant to N.J.S.A. 45:8-56 and N.J.A.C. 13: shall not perform such services unless he or she is an officer or an employee of the corporation or has a written contract with the corporation prior to rendering professional services and is listed as being in responsible charge on the corporation's certificate of authorization. Chapter 40 Page 53 of 108 Last Revision Date: 11/16/2015

84 c) A licensed professional engineer or licensed professional land surveyor rendering engineering or surveying services who is listed as being in responsible charge of the engineering or surveying work on a corporation's or limited liability company's certificate of authorization shall notify the Board in writing within 30 days of any change of status regarding the individuals in responsible charge of the corporation or limited liability company. It shall be the duty of the corporation or limited liability company and the licensed professional engineer or licensed professional land surveyor listed as being in responsible charge on the certificate of authorization to provide such notification. d) Any corporation or limited liability company that offers or renders engineering and land surveying services without a Certificate of Authorization or with a lapsed Certificate of Authorization shall be subject to civil penalties as authorized by N.J.S.A. 45:1-25. This subsection shall not apply to a professional service corporation established pursuant to the Professional Service Corporation Act, N.J.S.A. 14A:17-1 et seq. SUBCHAPTER 11. LAND SURVEYORS; CONTINUING COMPETENCY 13: CONTINUING PROFESSIONAL COMPETENCY REQUIREMENTS; FAILURE TO COMPLY Any professional land surveyor who fails to comply with the continuing professional competency requirements set forth in this subchapter shall be subject to the penalties set forth in N.J.S.A. 45: : DEFINITIONS As used in this subchapter, the following terms shall have the following meanings: "Approved course or activity" means any course or activity with a clear technical purpose and objective or whose purpose and objective is to enhance the skills and knowledge in ethical and business practices, which will maintain, improve or expand skills and knowledge and develop new and relevant technical skills and knowledge in the discipline being practiced by the licensee. "College/unit semester/unit quarter/hour" means the credit for an ABET (Accreditation Board for Engineering and Technology) approved course or other related college course approved in accordance with N.J.A.C. 13: (a)1. Chapter 40 Page 54 of 108 Last Revision Date: 11/16/2015

85 "Contact hour" means 50 minutes of in-class instruction and participation. "Continuing professional competency credit" or CPC credit means one hour of instruction. 13: CREDIT-HOUR REQUIREMENTS; DUAL LICENSEES a) Each applicant for license renewal shall be required to have completed, during the preceding biennial period, a minimum of 24 credits of continuing professional competency. b) A maximum of eight credits of continuing professional competency may be carried over into a succeeding biennial renewal period. c) Except as provided in (d) below, each person licensed as both a professional engineer and professional land surveyor shall complete at least 36 CPC credits relating to the practice of professional engineering and professional land surveying as a condition of biennial renewal. At least 12 of the required 36 credits must be completed in professional engineering, of which two, no more than eight, shall be in professional practice ethics, and at least 12 credits must be completed in professional land surveying. The remaining 12 credits may be completed in either professional engineering or professional land surveying. d) For the renewal period beginning May 1, 2012, each person who is licensed as both a professional engineer and professional land surveyor shall have completed at least 27 CPC credits relating to the practices of professional engineering and professional land surveying. At least 12 of the 27 required credits shall have been completed in professional land surveying, and at least 12 shall have been completed in professional engineering, of which two shall have been in professional practice ethics. The remaining three credits may have been completed in either professional engineering or land surveying. 13: APPROVAL OF COURSE OFFERINGS a) A continuing competency provider may receive approval for a continuing competency course or program pursuant to the provisions of N.J.A.C. 13: and Prior to the offering of the course or program, the provider may apply for approval. However, the provider may apply also after the event to eliminate the need for individual licensees to apply under (b) below. b) A licensee seeking to take a course or program which the provider has not had preapproved by the Board may apply to the Board for pre-approval or post-approval of the Chapter 40 Page 55 of 108 Last Revision Date: 11/16/2015

86 course or program offering. The licensee shall submit information similar to that which is required to be supplied by course providers pursuant to N.J.A.C. 13: (b). c) The Board shall maintain a list of all approved programs and courses at the Board offices and shall furnish this information upon request. d) An individual, group or association seeking course or program approval may impose a reasonable differential in course or program fees based upon membership within a group or association. However, in no event shall a sponsoring individual, group or association completely exclude from the course or program any licensee who is not a member of the group or association. 13: CONTINUING COMPETENCY PROGRAMS AND OTHER SOURCES OF CONTINUING COMPETENCY CREDITS a) The Board shall grant credit for successful completion of the following, provided that the course or program meets the criteria of N.J.A.C. 13: and that any other source of credit directly and materially relates to the practice of land surveying: 1) College courses; 2) Continuing education courses; 3) Correspondence, televised, videotaped and other short courses/tutorials; 4) Seminars, in-house courses, workshops and technical programs at professional meetings and conferences; 5) Teaching or instruction in (a)1, 2 and 4 above; 6) Published papers, articles or books authored by the licensee; and 7) A land surveying examination in another jurisdiction. 13: CREDIT CALCULATION a) Continuing professional competency credits will be granted as follows for each biennial renewal period: 1) Successful completion of approved college level courses. Chapter 40 Page 56 of 108 Last Revision Date: 11/16/2015

87 i) Fifteen continuing professional competency credits for each semester hour credit awarded by the college or university, or 10 continuing professional competency credits for each quarter hour credit awarded by the college or university; 2) Successful completion of approved continuing education courses: one continuing professional competency credit for each contact hour of the course. 3) Successful completion of approved correspondence, televised, videotaped and other short courses/tutorials: i) The amount of credit to be allowed for approved correspondence and individual study programs, including taped study programs, shall be recommended by the program provider based upon one-half the average completion time calculated by the provider after it has conducted appropriate "field tests." Although the program provider must make recommendations concerning the number of credit hours to be granted, the number of credit hours granted shall be determined by the Board; and ii) Credit for approved correspondence and other individual study programs will be given only in the renewal period in which the course is completed with a successful final examination; 4) Active participation in and successful completion of approved seminars, in-house courses, workshops and technical programs at professional meetings and conferences: one continuing professional competency credit for each hour of attendance at an approved course. Credit will not be granted for courses that are less than one contact hour in duration. Completion of an entire course is required in order to receive any credit; 5) Teaching or instruction in (a)1, 2 or 4 above: i) Service as an instructor or workshop leader: one continuing professional competency credit for each instructional hour; ii) The instructor or workshop leader will be given no credit for subsequent sessions in the same year involving substantially identical subject matter, except that after one year has elapsed the Board may give one additional continuing professional competency credit for each instructional hour of service as an instructor or workshop leader for the initial presentation, provided the original material has been updated; and Chapter 40 Page 57 of 108 Last Revision Date: 11/16/2015

88 iii) The maximum credit given for service as an instructor or workshop leader may not exceed 50 percent of the required continuing professional competency credits for any biennial renewal period; 6) Authoring published papers, articles or books on technical surveying subjects that contribute to the professional competence of surveyors: one continuing professional competency credit may be requested for each hour of preparation time on a selfdeclaration basis, not to exceed a total of 25 percent of the biennial requirement. A copy of the publication shall be submitted to the Board with the request for credit; and 7) Successfully passing a land surveying examination in another jurisdiction: one continuing professional competency credit for each hour of examination. All parts of the examination must be passed to receive credit for any part. The maximum credit given for successfully passing a land surveying examination in another jurisdiction may not exceed three continuing professional competency credits for each biennial renewal period. 13: REPORTING AND DOCUMENTING OF CONTINUING PROFESSIONAL COMPETENCY CREDITS a) At the time of application for biennial professional land surveyor license renewal, licensees shall provide, on forms approved by the Board, a signed statement certifying that the required number of continuing professional competency credits have been completed. The statement shall include, where applicable, the following: 1) The dates attended; 2) Continuing professional competency credits claimed; 3) The title of the course and a description of its content; 4) The school, firm, or organization providing the course; 5) The instructor; and 6) The course location. b) Licensees shall maintain all evidence, as set forth in (e) below, of completion of continuing professional competency credit requirements for two biennial periods after completion and shall submit such documentation to the Board upon request. Chapter 40 Page 58 of 108 Last Revision Date: 11/16/2015

89 c) Failure to maintain records or falsification of any information submitted with the renewal application may result in an appearance before the Board and, upon notice to the licensee and the opportunity for a hearing, penalties and/or suspension of the license. d) The Board will review the records of licensees from time to time, on a random basis, to determine compliance with continuing competency requirements. e) Documentation of continuing competency requirements shall consist of the following: 1) A log showing the type of activity claimed, providing organization, location, duration, instructor's or speaker's name and credits claimed; 2) Attendance verification records in the form of college transcripts, completion certificates, paid receipts, and any other documents supporting evidence of attendance; 3) For publications, submission of the published article; and 4) For teaching, a statement of appropriate authority verifying the activity. 13: WAIVER OF CONTINUING PROFESSIONAL COMPETENCY REQUIREMENT a) The Board may, in its discretion, waive, extend or otherwise modify continuing competency requirements on an individual basis for reasons of hardship, such as illness or disability, or other good cause. b) Any licensee seeking a waiver, extension or other modification of the continuing competency requirement shall apply to the Board in writing 90 days prior to renewal of licensure and set forth with specificity the reasons for the request. The licensee shall also provide the Board with such additional information as it may reasonably request in support of the request. c) A new licensee by way of examination shall have all continuing competency requirements waived for the first renewal period. d) A new licensee by way of comity shall be responsible at the first biennial renewal for one continuing professional competency credit for each month since the New Jersey license was issued. Chapter 40 Page 59 of 108 Last Revision Date: 11/16/2015

90 e) A licensee serving on active duty in the armed forces of the United States for a period of time exceeding 120 consecutive days in a calendar year shall have all continuing competency requirements waived for that year. 13: LICENSE RESTORATION The failure on the part of a licensee to renew his or her biennial certificate as required shall not relieve such person of the responsibility to maintain professional competence. At the time of application for restoration, the licensee shall submit satisfactory proof to the Board that he or she has successfully completed all delinquent CPC credits. If the total credits required to become current exceeds 30, then 30 shall be the maximum number required. In the case of a person licensed as both a professional engineer and professional land surveyor, if the total credits required to become current exceeds 45, then 45 shall be the maximum number required. However, an additional 24 CPC credits (or 36 CPC credits in the case of a dual licensee) will still be required at the next biennial renewal. The credits required to become current shall not be counted towards the CPC credits required for the next biennial renewal. 13: OUT-OF-JURISDICTION RESIDENT Licensees who are residents of jurisdictions other than New Jersey must meet the continuing professional competency requirements for their resident jurisdiction. The requirements for New Jersey will be deemed as satisfied when a licensee provides evidence as having met the requirements of his or her resident jurisdiction, provided the requirements are not less than 24 continuing professional competency credits per biennial renewal period. If the licensee resides in a jurisdiction that has no continuing professional competency requirements, the licensee must meet the requirements of New Jersey. 13: CRITERIA FOR CONTINUING COMPETENCY PROGRAMS a) A course of acceptable subject matter shall directly and materially relate to the practice of land surveying, shall have the purpose and objective to maintain, improve or expand skills and knowledge or enhance skills and knowledge in ethics and business practices related to the profession of land surveying, and shall be: 1) A formal course of learning which contributes directly to the maintenance of professional competence of a licensee; 2) At least one instructional hour in duration; and Chapter 40 Page 60 of 108 Last Revision Date: 11/16/2015

91 3) Conducted by a qualified instructor or workshop leader. b) A program provider or a licensee seeking Board approval for a course of acceptable subject matter shall submit the following to the Board: 1) The program provider fee (for providers) or program review fee (for licensees) as set forth in N.J.A.C. 13:40-6.1; and 2) Information to document the elements of (a) above, in writing and on a form provided by the Board, including, but not limited to: i) A detailed description of course content and estimated hours of instruction; and ii) The curriculum vitae of the lecturer, including specific background which qualifies the individual as a lecturer of repute in the area of instruction. c) Courses which meet the requirements set forth in (a) above shall be approved for continuing competency credit if taught by: 1) Undergraduate, post-graduate or adjunct instructors from accredited educational institutions with five years of experience in the lecture subject. The curriculum vitae must reflect the instructor's status and experience; 2) Recognized authorities in the specific subject areas with five years of experience in the lecture subject whose expertise is documented and approved by the Board; 3) Licensees with five years experience in specific subject areas whose expertise is documented and approved by the Board; or 4) Any of the above with less than five years experience who submit curriculum vitae, and are evaluated and approved by the Board on a case-by-case basis. 13: RESPONSIBILITIES OF PROGRAM PROVIDERS a) Program providers shall: 1) Select and assign qualified instructors for the program; 2) Assure that the number of participants and the physical facilities are consistent with the teaching methods to be utilized; Chapter 40 Page 61 of 108 Last Revision Date: 11/16/2015

92 3) Disclose in advance to prospective participants, the course objectives, prerequisites, experience level, content, required advanced preparation, teaching method and number of continuing professional competency credits or contact hours involved in the program; 4) Solicit evaluations from both the participants and the instructor at the conclusion of each program. Evaluations may take the form of pre-tests for advanced preparation, post-tests for effectiveness of the program, questionnaires completed at the end of the program or later, oral feedback from participants to the instructor or provider or such other mechanism as may be appropriate to an effective evaluation. Programs should be evaluated to determine whether: i) Objectives have been met; ii) Prerequisites were necessary or desirable; iii) Facilities were satisfactory; iv) The instructor was effective; v) Advanced preparation materials were satisfactory; and vi) The program content was timely and effective; 5) Evaluate the performance of the instructors at the conclusion of each program to determine their suitability for continuing to serve as instructors and advise instructors of their performance; 6) Systematically review the evaluation process to ensure its effectiveness; 7) Furnish to each enrollee who has successfully completed the program a verification of completion, which shall include at least the following information: i) The title, date and location of the course offering; ii) The name and license number of the attendee; iii) The number of credits awarded; and Chapter 40 Page 62 of 108 Last Revision Date: 11/16/2015

93 iv) The name and signature of officer or responsible party and seal of the organization; 8) Maintain and retain accurate records of program attendance and completion for a sixyear period; 9) Retain a written outline of course materials for a six-year period; and 10) Provide the Board with such documentation as requested by the Board. SUBCHAPTER 12. RETIRED LICENSE AND NO-FEE RETIRED LICENSE STATUS 13: ELIGIBILITY REQUIREMENTS a) A licensed professional engineer or professional land surveyor who has been licensed for a minimum of 25 years and is at least 62 years of age may apply to the Board for status as a retired licensee or a no-fee retired licensee. b) A licensee who obtains retired license status or no-fee retired license status shall not offer or practice professional engineering or professional land surveying within the State. 13: RETIRED LICENSEE: APPLICATION; ENTITLEMENT a) A licensee who seeks retired license status shall forward to the Board the following: 1) A completed application form furnished by the Board which contains the licensee's current address, telephone number, and information concerning disciplinary matters; and 2) The retired license fee pursuant to N.J.A.C. 13: b) The Board shall review the submission set forth in (a) above and if the applicant meets the requirements of N.J.A.C. 13: (a), the Board shall declare the licensee retired and place the licensee on the retired status list. c) Each retired licensee shall be entitled to the following: Chapter 40 Page 63 of 108 Last Revision Date: 11/16/2015

94 1) A retired licensee when using the title "Professional Engineer" or "Land Surveyor" or any substantial equivalent shall use the designation "Retired" following his or her name; 2) The name of each retired licensee shall appear in the roster of licensees; 3) Each retired licensee shall receive a certificate from the Board; and 4) Each retired licensee shall receive any mailings from the Board that are sent to active licensees. d) Each retired licensee who wishes to maintain retired status shall renew the license biennially and shall remit the retired license fee pursuant to N.J.A.C. 13: : NO-FEE RETIRED LICENSEE a) A licensee who seeks no-fee retired licensee status shall submit a completed application form furnished by the Board which contains the licensee's current address, telephone number, and information concerning disciplinary matters. b) The Board shall review the submission as set forth in (a) above. If the applicant meets the requirements of N.J.A.C. 13: (a), the Board shall declare the licensee retired, and shall place the licensee on the retired status list. The licensee shall not be required to renew the no-fee status biennially. 13: RESUMPTION OF PRACTICE a) A professional engineer or professional land surveyor who has been on retired license status or no-fee retired license status who wishes to resume the practice of professional engineering or professional land surveying shall forward the following to the Board: 1) A completed resumption of practice application form furnished by the Board which contains the licensee s current address, telephone number, details of any disciplinary matters, information concerning whether the licensee has signed and sealed any projects while on retired status, and proof of current competency pursuant to (a)3 below; 2) The reactivation fee for retired licensees or no-fee retired licensees pursuant to N.J.A.C. 13:40-6.1; and 3) For a professional engineer or professional land surveyor who has been on the retired status list for five or more years, satisfactory evidence of current knowledge, Chapter 40 Page 64 of 108 Last Revision Date: 11/16/2015

95 competency, and skill in the practice of professional engineering or professional land surveying as follows: i) Each retired licensee shall provide information on the resumption of practice application regarding current knowledge, competency and skill. The Board shall review the information submitted by the applicant and determine if the applicant has demonstrated the ability to practice in such a way, so as to insure the safety of life, health and property. ii) Each retired licensee seeking to resume practice shall submit satisfactory proof to the Board that he or she has successfully completed all delinquent CPC credits. If the total credits required to become current exceeds 30, then 30 shall be the maximum number required. In the case of a person licensed as both a professional engineer and professional land surveyor, if the total credits required to become current exceeds 45, then 45 shall be the maximum number required. However, an additional 24 CPC credits (or 36 CPC credits in the case of a dual licensee) will still be required at the next biennial renewal. The credits required to become current shall not be counted towards the CPC credits required for the next biennial renewal. b) For the purposes of this section, the reactivation fee shall mean the reinstatement fee provided in N.J.S.A. 45: SUBCHAPTER 13. PROFESSIONAL ENGINEERS; CONTINUING PROFESSIONAL COMPETENCY REQUIREMENT 13: CONTINUING PROFESSIONAL COMPETENCY REQUIREMENTS a) Except as provided in (b) below, each applicant for biennial license renewal shall complete, during the preceding biennial period, 24 CPC credits as specified in N.J.A.C. 13: , at least two, but no more than eight, of which shall be in professional practice ethics. Each applicant shall certify on the biennial renewal application form that he or she has completed, during the preceding biennial period, 24 CPC credits, subject to N.J.A.C. 13: (a). b) For the renewal period beginning May 1, 2012, licensees shall have completed 15 CPC credits, of which two shall have been in professional practice ethics. A licensee who has completed CPC credits in courses meeting the requirements set forth in this section between May 1, 2010 and April 30, 2012, shall be permitted to apply such credits to qualify for the renewal of his or her license for the biennial period commencing on May 1, Chapter 40 Page 65 of 108 Last Revision Date: 11/16/2015

96 13: DEFINITIONS As used in this subchapter, the following terms shall have the following meanings: Continuing professional competency credit or CPC credit means one 60-minute clock hour of an educational activity with no less than 50 minutes of instructional content within the hour relating to the practice of professional engineering in accordance with N.J.S.A. 45: (b). Educational program means any advanced course offered in an ABET, Inc. (ABET) accredited program that directly and materially relates to the practice of professional engineering with the clear purpose and objective to maintain, improve, or expand the skills and knowledge relevant to the practice of engineering. Those courses that must be completed in order to qualify for initial licensure are not considered to be advanced courses and shall not be considered qualifying courses. Equivalent educational program means a program, other than an educational program, relating to the practice of professional engineering with the clear purpose or objective to maintain, improve, or expand the skills and knowledge relevant to the practice of engineering. Equivalent educational programs include, but are not limited to: 1) Meetings of members and subgroups of professional engineering associations and other appropriate professional and technical associations when an engineering topic is presented as a principal part of the program; 2) Research and preparation of examinations, papers, or publications; 3) Presentation of technical presentations, management, leadership or ethics courses, or exhibits; 4) Management or leadership courses relating to a licensee s responsibilities pursuant to N.J.A.C, 13: or ethics courses; 5) Correspondence or distance learning courses on engineering topics where a final examination is required; 6) Teaching or instruction of a course for the first time or teaching a course previously taught if substantial time was spent updating the material; Chapter 40 Page 66 of 108 Last Revision Date: 11/16/2015

97 7) Employer sponsored in-house courses; 8) Workshops and seminars at professional meetings and conferences; and 9) Courses taken at schools, universities, and colleges that are not part of an ABET accredited program. 13: CARRY OVER OF EXCESS CPC CREDITS; DUAL LICENSEES; REINSTATEMENT OF LICENSE a) A maximum of 12 CPC credits may be carried over into the next biennial renewal period. b) Except as provided in (c) below, each person licensed as both a professional engineer and professional land surveyor shall complete at least 36 CPC credits relating to the practice of professional engineering and professional land surveying as a condition of biennial renewal. At least 12 of the required 36 credits must be completed in professional engineering, of which two, but no more than eight, shall be in professional practice ethics, and at least 12 credits must be completed in professional land surveying. The remaining 12 credits may be completed in either professional engineering or professional land surveying. c) For the renewal period beginning May 1, 2012, each person who is licensed as both a professional engineer and a professional land surveyor shall have completed at least 27 CPC credits relating to the practices of professional engineering and professional land surveying. At least 12 of the required 27 credits shall have been completed in professional land surveying and at least 12 credits shall have been completed in professional engineering, of which two shall be in professional practice ethics. The remaining three credits may have been completed in either professional engineering or professional tend surveying. d) A licensee seeking reinstatement in accordance with N.J.A.C. 13: shall submit proof of completion of all delinquent CPC credits for each biennial period for which the license was suspended or inactive. If the total credits required to become current exceeds 30, then 30 shall be the maximum number required. In the case of a person licensed as both a professional engineer and professional land surveyor, if the total credits required to become current exceeds 45, then 45 shall be the maximum number required. However, an additional 24 CPC credits (or 36 CPC credits in the case of a dual licensee) will still be required at the next biennial renewal. The credits required to become current shall not be counted towards the CPC credits required for the next biennial renewal. Chapter 40 Page 67 of 108 Last Revision Date: 11/16/2015

98 13: SOURCES OF CPC CREDITS A professional engineer may obtain the required CPC credits from educational programs or from equivalent educational programs sponsored by Board-approved providers as provided in N.J.A.C. 13: All educational programs and equivalent educational programs sponsored by Board-approved providers that directly and materially relate to the practice of professional engineering with the clear purpose to maintain, improve, or expand the skills and knowledge of the licensee relevant to the practice of professional engineering are approved for credit. Courses required for initial licensure or that primarily involve practice building, practice management, or practice marketing are not approved. The Board will post on its website at a list of CPC providers that, pursuant to N.J.A.C. 13: (a), have applied and have been approved to sponsor equivalent educational programs for the current biennial period. Regular duties are not considered qualifying activities for CPC credits. 13: APPROVAL PROCEDURES FOR CPC PROVIDERS; EXCEPTIONS a) A provider seeking Board approval to sponsor equivalent educational programs for CPC credit shall submit an application on a form prescribed by the Board, that shall include course and program descriptions, instructor qualifications, locations, dates and times of courses, and other information as required by the Board, unless the provider is exempted from this requirement pursuant to (c) below. Upon approval, the Board will issue an approved provider number, which shall be used by the provider in identifying the courses and programs to be provided. b) A licensee seeking Board approval of equivalent educational programs for CPC credit for a provider that has not been approved pursuant to (a) above or (c) below, may submit an application on a form prescribed by the Board, which shall include course and program descriptions, instructor qualifications, locations, dates and times of courses, number of CPC credits, and other information as required by the Board. The Board shall notify the licensee, in writing, of its determination. c) Accredited schools, universities, and colleges; national and state professional engineering and closely allied professional organizations; and Federal, State, and New Jersey bi-state government agencies and independent authorities that sponsor CPC courses or programs, and CPC providers registered with the National Council of Examiners for Engineering and Surveying are approved providers and are exempt from the requirement of submitting an application to the Board and obtaining a CPC provider number. Chapter 40 Page 68 of 108 Last Revision Date: 11/16/2015

99 1) For the purpose of this section, a school, university, or college shall be deemed accredited if it is: i) Accredited by the New Jersey Department of Education; ii) Approved by the New Jersey Commission on Higher Education; or iii) Approved by an agency of another state with requirements substantially similar to the requirements of the New Jersey Department of Education or New Jersey Commission on Higher Education. 13: COMPLIANCE WITH CPC CREDITS; AUDIT a) Each licensee shall be subject to audit by the Board and is responsible for maintaining records to be used to support CPC credits claimed. Records required include, but are not limited to: 1) A log showing the type of activity claimed, sponsoring organization, attendance date, location, duration, instructor or speaker s name, and the number of CPC credits claimed; 2) Attendance verification records in the form of completion certificates or other documents supporting evidence of attendance; and 3) All documentation related to the educational program, including, but not limited to, course descriptions, printed program materials, and notes. b) A licensee shall maintain records for a period of five years after completion of the CPC course or equivalent educational program and shall submit such documentation to the Board upon request. 13: CREDIT CALCULATION a) CPC credits will be granted for each biennial renewal period as follows: 1) For educational programs: i) Successful completion of approved educational program courses: 15 CPC credits for each semester-hour credit awarded by the college or university, or 10 CPC credits for each quarter-hour credit awarded by the college or university; Chapter 40 Page 69 of 108 Last Revision Date: 11/16/2015

100 2) For equivalent educational programs: i) Meetings of members and subgroups of professional engineering associations and other appropriate professional and technical associations when an engineering topic is presented as a principal part of the program: one CPC credit for each hour of instruction; ii) Research and preparation of examinations, papers or publications: one CPC credit for each hour of research or preparation, not to exceed six CPC credits per biennial renewal period; iii) Presentation of technical presentations, management, leadership or ethics courses, or exhibits: one CPC credit for each hour of preparation or presentation, not to exceed six CPC credits per biennial renewal period; iv) Management, leadership or ethics courses: one CPC credit for each hour of instruction; v) Correspondence or distance learning courses on engineering topics where a final examination is required: one CPC credit for each hour of instruction; vi) Teaching or instruction of a course for the first time or teaching a course previously taught if substantial time was spent updating material: one CPC credit for each hour of preparation or instruction, not to exceed six CPC credits per biennial renewal period; vii) Employer sponsored in-house courses: one CPC credit for each hour of instruction; and viii) Workshops and seminars at professional meetings and conferences: one CPC credit for each hour of instruction; and 3) For courses taken at schools, universities, and colleges that are not part of an ABET accredited program: 15 CPC credits for each semester-hour credit awarded by the college or university, or 10 CPC credits for each quarter-hour credit awarded by the college or university. Chapter 40 Page 70 of 108 Last Revision Date: 11/16/2015

101 13: WAIVER OF CPC REQUIREMENTS a) The Board may waive all or part of the CPC requirements on an individual basis for reasons of hardship, such as illness or disability, retirement of licensee, service in the armed forces of the United States of America, or other good cause. b) Any licensee seeking a waiver of all or part of the CPC requirements shall apply to the Board in writing at least 90 days prior to the commencement of the next biennial renewal period and set forth with specificity the reasons for requesting the waiver. The licensee shall also provide such additional information as the Board may reasonably request in support of the waiver request. c) A licensee shall not be required to obtain CPC credits during the biennial renewal period in which the licensee obtained initial licensure. d) A new licensee by way of comity shall be responsible at the first biennial renewal for one CPC credit for each full calendar month since the New Jersey license was issued. e) A licensee serving on active duty in the armed forces of the United States for a period of time exceeding 120 consecutive days in a calendar year shall have all CPC requirements waived for that year. 13: RESPONSIBILITIES OF PROGRAM PROVIDERS a) Program providers shall: 1) Select and assign qualified instructors for the program; 2) Assure that the number of participants and the physical facilities are consistent with the teaching methods to be utilized; 3) Disclose in advance to prospective participants, the course objectives, prerequisites, experience level, content, required advanced preparation, teaching method, and the number of CPC credits that may be approved in the program; 4) Solicit evaluations from both the participants and the instructor at the conclusion of each program; 5) Evaluate the performance of the instructors at the conclusion of each program to determine their suitability for continuing to serve as instructors and advise instructors of their performance; Chapter 40 Page 71 of 108 Last Revision Date: 11/16/2015

102 6) Systematically review the evaluation process to ensure its effectiveness; 7) Furnish to each enrollee who has successfully completed the program a verification of completion, which shall include at least the following information: i) The title, date, and location of the course offering; ii) The name and license number of the attendee; iii) The number of credits that may be awarded; and iv) The name and signature of an authorized representative of the provider; 8) Maintain and retain accurate records of program attendance and completion for a sixyear period; 9) Retain a written outline of course materials for a six-year period; and 10) Provide the Board with such documentation as requested by the Board. SUBCHAPTER 14. (RESERVED) SUBCHAPTER 15. HOME INSPECTION ADVISORY COMMITTEE 13: PURPOSE; SCOPE; APPLICABILITY a) The purpose of the rules in this subchapter is to implement P.L. 1997, c.323 (N.J.S.A. 45:8-61 et seq.), the Home Inspection Professional Licensing Act. b) This subchapter shall apply to all persons licensed as home inspectors by the State of New Jersey and applicants for such licensure, performing home inspections of residential buildings with four or fewer dwelling units and other related residential housing components. Chapter 40 Page 72 of 108 Last Revision Date: 11/16/2015

103 c) No person shall perform or hold oneself out as permitted to perform a home inspection nor represent or call oneself a home inspector unless licensed pursuant to N.J.A.C. 13: d) This subchapter shall not apply to: 1) Any person who is employed as a code enforcement official by the State or a political subdivision thereof when acting within the scope of that government employment; 2) Any person licensed by the State as an architect, professional engineer, electrical contractor or master plumber, who is acting within the scope of practice of his or her profession or occupation; 3) Any real estate broker, broker-salesperson, or salesperson who is licensed by the State when acting within the scope of his or her profession; 4) Any person regulated by the State as an insurance adjuster, who is acting within the scope of his or her profession; 5) Any State licensed real estate appraiser or certified general or residential real estate appraiser, who is acting within the scope of that profession; 6) Any person certified or registered as a pesticide applicator pursuant to N.J.A.C. 7:30-6 or 8, who is acting within the scope of the practice for which certification has been issued; 7) Any person performing home inspections in the presence of and under the direct supervision of a licensed home inspector for the purpose of meeting the training requirements of N.J.A.C. 13: (a)4. 13: DEFINITIONS The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. "Accessible" means available for visual inspection without requiring the moving of personal property, dismantling, destructive measures, or any action which will likely involve risk to persons or property. Chapter 40 Page 73 of 108 Last Revision Date: 11/16/2015

104 "Act" means the Home Inspection Professional Licensing Act, N.J.S.A. 45:8-61 et seq. "Acting within the scope of practice of a profession or occupation" means performing those specific duties for which certification, registration or licensure by a board, committee, commission, or agency of the State or Federal government is necessary and has in fact been granted to an individual. "Additional inspection services" does not encompass repairs or improvements. "Additional inspection services" means: 1) Tests performed by a home inspector which are not part of a home inspection but which, in the opinion of the home inspector, are warranted or which the client requests. Such tests include, but are not limited to, radon, asbestos, lead paint, carbon monoxide or urea-formaldehyde testing. Such testing may be performed providing the home inspector has the relevant experience, education, training and/or licensing and/or certification to perform such additional tests as set forth in N.J.A.C. 13: ; 2) Inspecting systems and components which the home inspector is not required to, but is not prohibited from, inspecting pursuant to the standards of practice, N.J.A.C. 13: ; 3) Inspecting systems and components which are not part of the home inspection but which the home inspector may inspect if experienced, educated, trained, certified, registered or licensed as set forth in N.J.A.C. 13: ; and 4) Engineering and architectural services which are necessitated as a result of a home inspection. "Additional inspection services" does not encompass repairs or improvements. "Board" means the State Board of Professional Engineers and Land Surveyors. "Client" means any current or prospective homeowner who engages, or seeks to engage, the services of a home inspector for the purpose of obtaining an inspection of and written report regarding the condition of a residential building. Chapter 40 Page 74 of 108 Last Revision Date: 11/16/2015

105 "Client's representative" means an attorney at law of the State of New Jersey who has been retained by the client and identified to the home inspector in writing. For the purposes of this subchapter, a real estate broker or agent is not the client's representative. "Committee" means the Home Inspection Advisory Committee established pursuant to N.J.S.A. 45:8-63. "Component" means a part which, together with other parts, make up a system. "Continuing education unit" means an hour of an educational activity in which a minimum of 50 minutes of the hour comprises active instruction or learning. "Decorative" means ornamental, and not required for the operation of the systems and components of a residential building. "Describe" means to report in writing a system or component by its type or other observed significant characteristics to distinguish it from other systems or components. "Direct supervision" means that a licensed home inspector is physically present at and monitors the entire home inspection and prepares and signs the home inspection report. "Exterior surfaces" means exterior cladding or siding, flashing, trim, eaves, soffits and/or fascia. "Functional drainage" means the drainage of a plumbing fixture sufficient to prevent fixture overflow during normal usage. "Functional water flow" means the delivery of a quantity of water at flow and pressure sufficient to use a fixture for its intended purpose. "Home inspection" means a visual, functional, non-invasive inspection conducted for a fee or any other consideration and performed without moving personal property, furniture, equipment, plants, soil, snow, ice, or debris, using the mandatory equipment and including the preparation of a home inspection report of the readily-accessible elements of the following components of a residential building: structural components, exterior components, roofing system, plumbing Chapter 40 Page 75 of 108 Last Revision Date: 11/16/2015

106 system, electrical system, heating system, cooling system, interior components, insulation components and ventilation system, fireplaces and solid fuel burning appliances, or any other related residential housing component as determined by the Board, in consultation with the Committee, by rule, but excluding recreational facilities and outbuildings other than garages or carports. "Home inspection report" means a written report prepared for a fee or any other consideration by a home inspector which: 1) Discloses those systems and components which are designated for inspection pursuant to this subchapter and are present at the time of the inspection, as well as those which are present at the time of the home inspection but are not inspected and the reason(s) they are not inspected; 2) Describes systems and components as specified in this subchapter; 3) States what material defects are found in systems or components; 4) States the significance of findings; and 5) Provides recommendations regarding the need to repair, replace or monitor a system or component, or to obtain examination and analysis by a qualified professional, tradesman or service technician. "Home inspection training report" means a written report prepared by a trainee pursuant to N.J.A.C. 13: (b), which: 1) Discloses those systems and components which are designated for inspection pursuant to this subchapter and are present at the time of the inspection, as well as those which are present at the time of the home inspection but are not inspected and the reason(s) they are not inspected; 2) Describes systems and components as specified in the rules of this subchapter; 3) States what material defects are found in systems or components; 4) States the significance of findings; and Chapter 40 Page 76 of 108 Last Revision Date: 11/16/2015

107 5) Provides recommendations as to the need to repair, replace or monitor a system or component, or to obtain examination and analysis by a qualified professional, tradesman or service technician. "Home inspector" means any person licensed as a home inspector pursuant to N.J.S.A. 45:8-62 et seq. and this subchapter who practices as a home inspector and inspects the condition of a residential building on behalf of a client for which the client is charged a fee. "Inspect" means to visually examine any readily accessible system or component of a building, including viewing the interior of readily openable access panels, and operating building systems using normal operating controls in accordance with this subchapter. "Installed" means affixed apparatus or component of a system that is permanently integrated in a residential building. "Licensee" means a home inspector licensed by the Committee and subject to this subchapter. "Material defect" means a condition, or functional aspect, of a structural component or system that is readily ascertainable during a home inspection that substantially affects the value, habitability or safety of the dwelling, but does not include decorative, stylistic, cosmetic, or aesthetic aspects of the system, structure or component. "Normal operating controls" means devices such as thermostats, switches or valves intended to be operated by the homeowner in the ordinary use of a system component or appliance. "Other related residential housing component" means an attached or detached garage or carport unless that garage or carport contains a residence separate from the primary residential building. "Person" means any natural person, limited or general partnership, association, corporation, or other legal entity, or any combination thereof. "Readily openable access panel" means a panel provided for inspection and maintenance that is within normal reach, can be removed by one person, and is not sealed in place. Chapter 40 Page 77 of 108 Last Revision Date: 11/16/2015

108 "Recreational facilities" means spas, saunas, steam baths, swimming pools, exercise, entertainment, athletic, playground or other similar equipment and associated accessories. "Residential building" means a structure consisting of from one to four family dwelling units and their garages or carports, unless such garage or carport contains a separate dwelling unit but excluding the common elements and areas in multiple unit housing such as condominiums and cooperative housing; that has been occupied as such prior to the time when a home inspection is requested or contracted for in accordance with the Act and this subchapter, but does not include any such structure newly constructed and not previously occupied. "Significance of findings" means an explanation of the reason the home inspector reported that a system or component designated for inspection pursuant to this subchapter contained a material defect, for the purpose of advising the client of the need for appropriate action. "Structural component" means an integral part of a residential building, including the masonry structure and foundation that supports non-variable forces or weights, that is, dead loads, and variable forces or weights, that is, live loads. "System" means a combination of interacting or interdependent components, assembled to carry out one or more functions. "Trainee" means any person who performs a home inspection in the presence of and under the direct supervision of a licensed home inspector pursuant to the provisions of N.J.A.C. 13: and N.J.S.A. 45:8-68c(2). "Unsafe" means a condition of a readily accessible, installed component or system caused by obsolescence, damage, deterioration, improper installation or inherent defects which presents a significant risk of injury or property damage under normal, day-to-day operation. "Under-floor crawl space" means the area within the confines of the foundation and between the ground and the underside of the floor. Chapter 40 Page 78 of 108 Last Revision Date: 11/16/2015

109 13: OFFICE OF THE COMMITTEE The office of the Committee shall be maintained with the Board at 124 Halsey Street, Newark, New Jersey. The mailing address of the Committee is PO Box 45043, Newark, New Jersey : (RESERVED) 13: (RESERVED) 13: REQUIREMENTS FOR INITIAL LICENSURE AS HOME INSPECTOR a) An applicant for licensure as a home inspector shall complete and submit to the Committee an application that will require information that the applicant: 1) Is of good moral character; 2) Has successfully completed high school or its equivalent; 3) Has successfully completed an approved course of study of 180 hours, as prescribed by the Board, after consultation with the New Jersey Department of Education, which shall include not less than 40 hours of unpaid field-based inspections in the presence of and under the direct supervision of a licensed home inspector. The inspections shall be provided by the school administering the approved course of study; or 4) Has performed at least 250 home inspections as defined in N.J.A.C. 13: for which the client was charged a fee. The inspections shall be performed in the presence of and under the direct supervision of a New Jersey licensed home inspector who possesses a current and active license, has performed at least 500 home inspections and has at least three years of experience. The inspector must oversee and take full responsibility for the inspection and any report produced by monitoring the progress of the trainee and ensuring compliance with the home inspection training reports requirements; 5) Has submitted a list of the 250 inspections performed under (a)4 above, if an applicant is seeking licensure under that paragraph; 6) Shall secure and maintain an errors and omissions insurance policy in the minimum amount of $500,000 per occurrence; 7) Has passed the Home Inspector Examination, administered by the Examination Board of Professional Home Inspectors (EBPHI); and Chapter 40 Page 79 of 108 Last Revision Date: 11/16/2015

110 8) Pay an application fee as set forth in N.J.A.C. 13: b) The Committee shall randomly audit applications to verify that applicants for licensure as a home inspector under this section performed at least 250 home inspections as required by (a)4 above. Applicants that are audited shall submit copies of home inspection reports as requested by the Committee. c) Pursuant to N.J.S.A. 45:1-21 and N.J.A.C. 13: , the Committee may deny, refuse to renew, temporarily suspend or revoke a license, or issue a civil penalty, upon proof that an applicant has obtained a license through fraud, deception or misrepresentation. 13: CREDIT TOWARDS 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: , 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 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 received in the military, together with any training, education, and experience obtained outside of the Armed Forces, is substantially equivalent in scope and character to the training, experience, and education required for licensure under N.J.A.C. 13: 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 ii) An applicant seeking credit for education courses and/or training completed while in the military that are not part of an approved course of study as described in N.J.A.C. 13: (a)3 shall submit to the Committee a Joint Services Transcript of his or her education/training for a determination that the education courses and/or training completed are substantially equivalent in level, scope, Chapter 40 Page 80 of 108 Last Revision Date: 11/16/2015

111 and intent to the course of study required for licensure under N.J.A.C. 13: (a)3. For the purpose of determining substantial equivalence of the applicant s military education and/or training, the Committee shall consider only those education courses and/or training relevant to the practice of home inspection 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 licensure, including successful completion of the Home Inspector Examination, as set forth in N.J.A.C. 13: (a)7. 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. d) If the applicant s military training, education and experience, or a portion thereof, is not deemed to be substantially equivalent to that required for licensure, the Committee shall credit whatever portion of the military training, education, and experience that is substantially equivalent towards meeting the requirements under N.J.A.C. 13: for the issuance of the license. e) Satisfactory evidence of such education, training, and experience shall be assessed on a case-by-case basis. 13: INSURANCE REQUIREMENT a) All licensed home inspectors engaged in the profession of home inspection shall maintain an errors and omissions insurance policy in the minimum amount of $500,000 per occurrence and file proof of the policy with the Committee. b) Every proof of an errors and omissions policy required to be filed with the Committee shall provide that cancellation or nonrenewal of the policy shall not be effective unless and until the Committee has received at least 10 days written notice of intention to cancel or nonrenewal. c) Both the home inspector and the insurance company shall provide written notification to the Committee at least 10 days prior to the discontinuation of the errors and omissions policy. 13: IDENTIFICATION CARDS a) All licensed home inspectors shall, during the performance of a home inspection, carry an identification card issued by the Committee. The identification card shall contain the Chapter 40 Page 81 of 108 Last Revision Date: 11/16/2015

112 name, photograph, license number and signature of the person to whom the identification card has been issued. b) Identification cards shall not be transferable. A duplicate identification card to replace one lost or destroyed may be issued upon notice to the Committee and payment of a fee as established by rule by the Division. 13: LICENSE RENEWAL a) All licenses issued by the Committee shall be issued for a two year period. A licensee who seeks renewal of the license shall submit a license renewal application and the license renewal fee set forth in N.J.A.C. 13: to the Committee prior to the expiration of the license. b) Renewal applications shall provide the applicant with the option of either active or inactive status. A licensee electing inactive status shall pay the inactive license fee as set forth in N.J.A.C. 13: and shall not engage in the practice of home inspection. c) If the licensee does not renew the license prior to its expiration date, the licensee may renew it within 30 days of its expiration by submitting a renewal application, a license renewal fee and a late fee, as set forth in N.J.A.C. 13: d) A license that is not renewed within 30 days of its expiration shall be automatically suspended. An individual who continues to practice with a suspended license shall be deemed to be engaged in unlicensed practice. 13: CHANGE OF LICENSE STATUS: INACTIVE TO ACTIVE a) A licensee, upon application to the Committee, may change from inactive to active status upon payment of the renewal fee as set forth in N.J.A.C. 13: and submission of evidence of having completed the following: 1) Forty units of Committee-approved continuing education within the two year period preceding the application for reinstatement if the license has been inactive for a period of two years or less; 2) Sixty units of Committee-approved continuing education within the three-year period immediately preceding the application for reinstatement if the license has been inactive for a period of more than two and less than five years; or 3) Twenty units of Committee-approved continuing education per year to a maximum of 120 units of Committee approved continuing education within the three-year period Chapter 40 Page 82 of 108 Last Revision Date: 11/16/2015

113 immediately preceding the application for reinstatement if the license has been inactive for a period of five or more years. 13: REINSTATEMENT OF SUSPENDED LICENSE a) An individual whose license has been suspended for nonpayment of a biennial renewal fee may be reinstated by the Committee, provided the applicant otherwise qualifies for licensure pursuant to N.J.S.A. 45:8-68 and N.J.A.C. 13: , and submits one of the following to the Board: 1) A certification or licensure in good standing from any other state or jurisdiction in which the applicant has practiced as a home inspector during the period the license was suspended in this State; 2) An affidavit by the applicant stating that he or she has practiced as a home inspector in a state or jurisdiction which does not require certification or licensure, during the period the license was suspended in this State; or 3) An affidavit stating that the applicant has not practiced as a home inspector in this or any other jurisdiction during the period the license was suspended in this State. b) An applicant who has practiced as a home inspector in the manner described in (a)1 or 2 above shall submit written verification, on a form provided by the Committee, from all of the applicant's employers. The verification shall document dates of employment from the date the New Jersey license was suspended to the date of application for reinstatement, and the name, address and telephone number of each employer. c) An applicant who has been practicing as a home inspector in any manner described in (a)1 or 2 above during the period the license was suspended in this State shall submit proof that he or she has completed a minimum of 40 Committee-approved continuing education units pursuant to N.J.A.C. 13: in the two-year period immediately prior to application for reinstatement. d) An applicant who has not practiced as a home inspector during the period the license was suspended in this State shall meet the following requirements as a condition of reinstatement: 1) An individual whose license has been suspended for a period of two years or less shall complete 40 units of Committee-approved continuing education within the two year period preceding reinstatement; Chapter 40 Page 83 of 108 Last Revision Date: 11/16/2015

114 2) An individual whose license has been suspended for a period of more than two and less than five years shall complete 60 units of Committee-approved continuing education within the three-year period immediately preceding reinstatement; or 3) An individual whose license has been suspended for a period of five or more years shall complete 20 units of Committee-approved continuing education per year to a maximum of 120 units of Committee-approved continuing education within the threeyear period immediately preceding reinstatement and take and pass the Home Inspector Examination administered by the Examination Board of Professional Home Inspectors (EBPHI) prior to reinstatement. e) Prior to reinstatement, an applicant shall pay a reinstatement fee and all past delinquent biennial renewal fees pursuant to N.J.A.C. 13: : CHANGE OF ADDRESS PROVISION; SERVICE OF PROCESS a) A licensed home inspector shall notify the Committee in writing of any change of address from that registered with the Committee and shown on the most recently issued certificate. Such notice shall be sent to the Committee by certified mail, return receipt requested, not later than 30 days following the change of address. Failure to notify the Board of any change of address may result in disciplinary action in accordance with N.J.S.A. 45:1-21(h). b) Service of an administrative complaint or other Committee-initiated action at a licensee's address which is on file with the Committee shall be deemed adequate notice for the purposes of N.J.A.C. 1:1-7.1 and the commencement of any disciplinary proceedings. c) A license shall, within 30 days of receiving notice of disciplinary action taken against the licensee in any state, territory or jurisdiction, report to the Committee in writing of such notification and provide a copy of the notification and the underlying documentation of the disciplinary action. 13: CONTINUING EDUCATION REQUIREMENTS a) The Committee shall not issue a license renewal unless the applicant attests, when submitting the renewal application sent by the Committee, that he or she has completed courses of continuing professional education of the types and number of units specified in (b), (c) and (d) below. Falsification of any information submitted with the renewal application may result in penalties and/or suspension of the license pursuant to N.J.S.A. 45:1-21 through 25 and N.J.A.C. 13: b) Continuing education unit requirements for biennial license renewal are as follows: Chapter 40 Page 84 of 108 Last Revision Date: 11/16/2015

115 1) Each home inspector shall be required to complete during the preceding biennial period a minimum of 40 units of continuing education in courses and programs as provided in (c) and (d) below. Beginning with the 2011 biennial period, each home inspector shall complete a minimum of three units on report writing, three units on ethics and three units on the rules governing the practice of home inspection, as part of the required 40 units of continuing education. 2) Persons receiving initial licensure as home inspectors shall complete continuing education requirements prorated as follows: i) Any person receiving initial licensure as a home inspector in the first year of a biennial registration period shall complete a minimum of 40 continuing education units before the end of that biennial registration period; and ii) Any person receiving initial licensure as a home inspector in the second year of a biennial registration period shall complete a minimum of 20 continuing education units before the end of that biennial registration period. 3) A licensee who completes more than the minimum continuing education units, as set forth in (b)1 above, in any biennial registration period may carry over no more than 10 of the additional units into the succeeding biennial period, but only if the units were earned in the last six months of the preceding biennial period. 4) Any continuing education units completed by the licensee in compliance with an order or directive from the Committee as set forth in (h) below may not be used to satisfy the minimum continuing education requirements as set forth in this section. 5) A licensee on inactive status who seeks to reactivate his or her license shall submit to the Committee proof of successful completion of continuing education units as set forth in N.J.A.C. 13: (a), (b) and (c) above, as applicable. c) A licensee may obtain continuing education units from the following: 1) Successful completion of continuing education courses or programs approved by the Committee pursuant to (g) below. The Committee shall maintain a list of all approved programs, courses and lecturers at the Board office and shall furnish this information to licensees upon request; 2) Participation in instructional activities such as developing curriculum for a new program or course and/or teaching a new program or course, provided the program or course is directly related to the practice of home inspection in the State of New Chapter 40 Page 85 of 108 Last Revision Date: 11/16/2015

116 Jersey. "New" means that the licensee has never taught or developed curriculum for that course or program in any educational setting; 3) Authorship of a textbook or manual directly related to the practice of home inspection in the State of New Jersey, provided the textbook or manual, as published, is at least 7,500 words in length; 4) Authorship of a published article related to the practice of home inspection in the State of New Jersey, provided the article, as published, is at least 250 words in length; and 5) Direct supervision of trainees during home inspections used for training purposes. To qualify for continuing education credit, a home inspection used for training purposes shall require at least one hour to complete and shall not be attended by more than one trainee. d) Credit for continuing education shall be granted as follows for each biennial registration period: 1) Attendance at continuing education programs approved by the Committee: one unit for each hour of attendance at an approved course. Credit shall not be granted for courses that are less than one instructional hour long. Completion of an entire course or segment of course instruction shall be required in order to receive any continuing education units; 2) Attendance at courses approved by the Committee: one unit for each hour of attendance at an approved course. Credit shall not be granted for courses that are less than one instructional hour long. Completion of an entire course or segment of course instruction is required in order to receive any continuing education units; 3) Successful completion of correspondence, Internet or other distance learning courses approved by the Committee: one continuing education unit per hour of course instruction as determined by the Committee to a maximum of 20 units per biennial registration period; 4) Participation in instructional activities pursuant to (c)2 above: one continuing education unit per hour of program or course instruction to a maximum of 16 units per biennial registration period; Chapter 40 Page 86 of 108 Last Revision Date: 11/16/2015

117 5) Authorship of a textbook or manual pursuant to (c)3 above: 10 continuing education units per textbook or manual to a maximum of 10 units per biennial registration period; 6) Authorship of a published article pursuant to (c)4 above: one continuing education unit per published article to a maximum of 10 units per biennial registration period; and 7) Direct supervision of trainees during training home inspections pursuant to (c)5 above: one continuing education unit per home inspection used for training purposes to a maximum of 16 units per biennial registration period. e) The Committee shall perform audits of randomly selected licensees to determine compliance with continuing education requirements. A licensee shall maintain the following documentation for a period of five years after completion of the continuing education units and shall submit such documentation to the Committee upon request: 1) Certificate of completion from sponsor for attendance at courses or programs approved by the Committee; 2) The published item for publication of manual, textbook, or article; 3) Documentation, including copy of curriculum, location, date and time of course, duration of course by hour, and letter from sponsor, confirming that the licensee developed or taught the course or program for developing curriculum or teaching a course or program, including those for realtors and/or civic groups; and 4) Documentation, including the location, date and time, duration, a list of participants, and copies of all completed home inspection training reports for each training home inspection directly supervised by the licensee. f) Waiver, extension or other modification of the continuing education requirements may be granted as follows: 1) The Committee upon receipt of a request for waiver, extension or other modification received at least 90 days prior to license renewal, may waive, extend or otherwise modify the continuing education requirements of this section on an individual basis for reasons of hardship, such as severe illness, disability, or military service; and 2) A licensee seeking a waiver, extension or other modification of the continuing education requirements shall apply to the Committee in writing which must be Chapter 40 Page 87 of 108 Last Revision Date: 11/16/2015

118 received at least 90 days prior to license renewal and set forth in specific detail the reasons for the request. The licensee shall provide the Committee with such supplemental materials as will support the request. g) All sponsors of continuing education courses or programs shall: 1) Obtain Committee approval prior to representing that any course, seminar, or program fulfills the requirements of this section; 2) Submit for evaluation by the Committee, the following for each course, seminar or program offered: i) A detailed description of course content and estimated hours of instruction; and ii) The curriculum vitae of each lecturer, including specific background which qualifies the individual as a lecturer of repute in the area of instruction; 3) Monitor the attendance at each approved course, seminar or program and furnish to each enrollee a verification of attendance, which shall include at least the following information: i) The title, date and location of course, seminar or program offering; ii) The name and license number of attendee; iii) The number of hours attended; and iv) The name and signature of officer or responsible party; 4) Solicit course, seminar or program evaluations from both the participants and the instructors; and 5) Submit a fee pursuant to N.J.A.C. 13: for each biennial period during which a course(s), seminar(s) or programs is offered. h) The Committee shall approve only such continuing education courses and programs as are available and advertised on a reasonable nondiscriminatory basis to all persons practicing home inspecting in the State and are directly related to the practice of home inspection in the State of New Jersey. Chapter 40 Page 88 of 108 Last Revision Date: 11/16/2015

119 i) The Committee may direct or order a licensee to complete continuing education units: 1) As part of a disciplinary or remedial measure; or 2) To correct a deficiency in the licensee's continuing education requirements. 13: PRE-INSPECTION AGREEMENTS a) A home inspector shall send a pre-inspection agreement to a client or client's representative, by mail, facsimile, or other means of delivery, no later than one business day after the appointment for the home inspection is made. The pre-inspection agreement shall be executed prior to the start of the home inspection. The pre-inspection agreement shall contain, at a minimum, the following information: 1) The price of the home inspection; 2) A description of the systems and components which will be inspected as part of the home inspection as required pursuant to N.J.A.C. 13: ; 3) A description of that which is not required as part of the home inspection pursuant to this subchapter; 4) The full name and address of the client; 5) The address of the home to be inspected; 6) The date and time of the home inspection; 7) A statement that home inspectors are governed by the rules in the New Jersey Administrative Code contained at N.J.A.C. 13:40-15 and that the licensee shall comply with these rules and failure to comply with the rules may subject the licensee to discipline; and 8) A description of any additional inspection service(s), as defined in N.J.A.C. 13: , for which the client is charged an additional fee(s) which are not part of the home inspection but may be performed pursuant to this subchapter. b) The pre-inspection agreement shall indicate whether any systems or components are excluded from the home inspection at the request of the client. Chapter 40 Page 89 of 108 Last Revision Date: 11/16/2015

120 c) The pre-inspection agreement shall indicate whether the home inspector will return at a later date to inspect any systems or components that are not inspected because of unforeseen circumstances or weather conditions at the initial home inspection and whether any additional fee will be charged for such subsequent inspection, and the amount of such fee, if any. d) A pre-inspection agreement shall be retained for a period of five years following the completion of the pre-inspection agreement. 13: STANDARDS OF PRACTICE a) All home inspectors shall comply with the standards of practice contained in this section when conducting home inspections. The scope of home inspection services performed in compliance with the requirements set forth in this section shall provide the client with objective information regarding the condition of the systems and components of the home as determined at the time of the home inspection. b) Nothing in this section shall be construed to require a home inspector to: 1) Enter any area or perform any procedure which is, in the opinion of the home inspector, unsafe and likely to be dangerous to the inspector or other persons; 2) Enter any area or perform any procedure which will, in the opinion of the home inspector, likely damage the property or its systems or components; 3) Enter any area which does not have at least 24 inches of unobstructed vertical clearance and at least 30 inches of unobstructed horizontal clearance; 4) Identify concealed conditions and latent defects; 5) Determine life expectancy of any system or component; 6) Determine the cause of any condition or deficiency; 7) Determine future conditions that may occur including the failure of systems and components including consequential damage; 8) Determine the operating costs of systems or components; 9) Determine the suitability of the property for any specialized use; Chapter 40 Page 90 of 108 Last Revision Date: 11/16/2015

121 10) Determine compliance with codes, regulations and/ or ordinances; 11) Determine market value of the property or its marketability; 12) Determine advisability of purchase of the property; 13) Determine the presence of any potentially hazardous plants, animals or diseases or the presence of any suspected hazardous substances or adverse conditions such as mold, fungus, toxins, carcinogens, noise, and contaminants in soil, water, and air; 14) Determine the effectiveness of any system installed or method utilized to control or remove suspected hazardous substances; 15) Operate any system or component which is shut down or otherwise inoperable; 16) Operate any system or component which does not respond to normal operating controls; 17) Operate shut-off valves; 18) Determine whether water supply and waste disposal systems are public or private; 19) Insert any tool, probe or testing device inside electrical panels; 20) Dismantle any electrical device or control other than to remove the covers of main and sub panels; 21) Walk on unfloored sections of attics; and 22) Light pilot flames or ignite or extinguish fires. c) Home inspectors shall: 1) Inspect the following systems and components in residential buildings and other related residential housing components: i) Structural components as required by (e) below; Chapter 40 Page 91 of 108 Last Revision Date: 11/16/2015

122 ii) Exterior components as required by (f) below; iii) Roofing system components as required by (g) below; iv) Plumbing system components as required by (h) below; v) Electrical system components as required by (i) below; vi) Heating system components as required by (j) below; vii) Cooling system components as required by (k) below; viii) Interior components as required by (l) below; ix) Insulation components and ventilation system as required by (m) below; and x) Fireplaces and solid fuel burning appliances as required by (n) below; 2) Prepare a home inspection report which shall: i) Disclose those systems and components as set forth in (c)1 above which were present at the time of inspection; ii) Disclose systems and components as set forth in (c)1 above which were present at the time of the home inspection but were not inspected, and the reason(s) they were not inspected; iii) Describe the systems and components specified in these standards of practice; iv) State material defects found in systems or components; v) State the significance of findings where any material defects in the systems and components of (c)1 above were found; and vi) Provide recommendations where material defects were found to repair, replace or monitor a system or component or to obtain examination and analysis by a qualified professional, tradesman, or service technician without determining the methods, materials or cost of corrections; and Chapter 40 Page 92 of 108 Last Revision Date: 11/16/2015

123 3) Retain copies of all home inspection reports prepared pursuant to (c)2 above, for a period of five years upon completion of the report; d) Subsection (c) above is not intended to limit home inspectors from: 1) Inspecting or reporting observations and conditions observed in systems and components in addition to those required in (c)1 above and inspecting systems and components other than those mandated for inspection in (c)1 above as long as the inspection and reporting is based on the licensee's professional opinion, prior work experience, education and training, unless these standards of practice prohibit the home inspector from inspecting such system or component; 2) Contracting with the client to provide, for an additional fee additional inspection services provided the home inspector is educated, trained, certified, registered or licensed, pursuant to the provisions of N.J.A.C. 13: and other applicable statutes and rules; and 3) Excluding systems and components from the inspection if requested in writing by the client. e) When conducting the inspection of the structural components, the home inspector shall: 1) Inspect: i) Foundation; ii) Floors; iii) Walls; iv) Ceilings; and v) Roof; 2) Describe: i) Foundation construction type and material; ii) Floor construction type and material; Chapter 40 Page 93 of 108 Last Revision Date: 11/16/2015

124 iii) Wall construction type and material; iv) Ceiling construction type and material; and v) Roof construction type and material; 3) Probe structural components where deterioration is suspected unless such probing would damage any finished surface; and 4) Describe in the home inspection report the methods used to inspect under-floor crawl spaces and attics. f) When conducting the inspection of the exterior components, a home inspector shall: 1) Inspect: i) Exterior surfaces, excluding shutters, and screening, awnings, and other similar seasonal accessories; ii) Exterior doors excluding storm doors or safety glazing; iii) Windows excluding storm windows and safety glazing; iv) Attached or adjacent decks, balconies, stoops, steps, porches, and their railings; v) Vegetation, grading, drainage, and retaining walls with respect to their immediate detrimental effect on the condition of the residential building, excluding fences, geological and/or soil conditions, sea walls, break-walls, bulkheads and docks, or erosion control and earth stabilization; vi) Attached or adjacent walkways, patios, and driveways; and vii) Garage doors including automatic door openers and entrapment protection mechanisms, excluding remote control devices; and 2) Describe exterior wall surface type and material. g) When inspecting the roof of a residential building, the home inspector shall: Chapter 40 Page 94 of 108 Last Revision Date: 11/16/2015

125 1) Inspect: i) Roofing surface, excluding antennae and other installed accessories such as solar heating systems, lightning arresters, and satellite dishes; ii) Roof drainage systems; iii) Flashing; iv) Skylights; and v) Exterior of chimneys; 2) Describe: i) Roof surface; ii) Roof drainage systems; iii) Flashing; iv) Skylights; and v) Chimneys; 3) Employ reasonable, practicable and safe methods to inspect the roof such as: i) Walking on the roof; ii) Observation from a ladder at roof level; or iii) Visual examination with binoculars from ground level; and 4) Describe the methods used to inspect the roof. h) When inspecting the plumbing system, a home inspector shall: 1) Inspect: Chapter 40 Page 95 of 108 Last Revision Date: 11/16/2015

126 i) Interior water supply and distribution systems including functional water flow and functional drainage, excluding wells, well pumps, well water sampling or water storage related equipment, determination of water supply quantity or quality and water conditioning systems and lawn irrigation systems; ii) All interior fixtures and faucets, excluding shut off valves, wells, well pumps, well water sampling and water storage related equipment; iii) Drain, waste and vent systems; iv) Domestic water heating systems, without operating safety valves or automatic safety controls, and excluding solar water heating systems; v) Combustion vent systems excluding interiors of flues and chimneys; vi) Fuel distribution systems; and vii) Drainage sumps, sump pumps and related piping; and 2) Describe: i) Predominant interior water supply and distribution piping materials; ii) Predominant drain, waste and vent piping materials; and iii) Water heating equipment including energy sources. i) When inspecting the electrical system, a home inspector shall: 1) Inspect: i) Service entrance system; ii) Main disconnects, main panel and sub panels, including interior components of main panel and sub panels; iii) Service grounding; Chapter 40 Page 96 of 108 Last Revision Date: 11/16/2015

127 iv) Wiring, without measuring amperage, voltage or impedance, excluding any wiring not a part of the primary electrical power distribution system, such as central vacuum systems, remote control devices, telephone or cable system wiring, intercom systems, security systems and low voltage wiring systems; v) Over-current protection devices and the compatibility of their ampacity with that of the connected wiring; vi) At least one of each interior installed lighting fixture, switch, and receptacle per room and at least one exterior installed lighting fixture, switch, and receptacle per side of house; and vii) Ground fault circuit interrupters; and 2) Describe: i) Amperage and voltage rating of the service; ii) Location of main disconnect, main panels, and sub-panels; iii) Type of over-current protection devices; iv) Predominant type of wiring; v) Presence of knob and tube branch circuit wiring; and vi) Presence of solid conductor aluminum branch circuit wiring. j) When inspecting the heating system, a home inspector shall: 1) Inspect: i) Installed heating equipment and energy sources, without determining heat supply adequacy or distribution balance, and without operating automatic safety controls or operating heat pumps when weather conditions or other circumstances may cause damage to the pumps, and excluding humidifiers, electronic air filters and solar heating systems; ii) Combustion vent systems and chimneys, excluding interiors of flues or chimneys; Chapter 40 Page 97 of 108 Last Revision Date: 11/16/2015

128 iii) Fuel storage tanks, excluding propane and underground storage tanks; and iv) Visible and accessible portions of the heat exchanger; and 2) Describe: i) Heating equipment and distribution type; and ii) Energy sources. k) When inspecting the cooling system, a home inspector shall: 1) Inspect: i) Central cooling system, excluding electronic air filters and excluding determination of cooling supply adequacy or distribution balance and without operating central cooling equipment when weather conditions or other circumstances may cause damage to the cooling equipment; ii) Permanently installed hard-wired, through-wall individual cooling systems; and iii) Energy sources; and 2) Describe: i) Cooling equipment and distribution type; and ii) Energy sources. l) When inspecting the interior of a residential building, a home inspector shall: 1) Inspect: i) Walls, ceilings, and floors excluding paint, wallpaper and other finish treatments, carpeting and other non-permanent floor coverings; ii) Steps, stairways, and railings; Chapter 40 Page 98 of 108 Last Revision Date: 11/16/2015

129 iii) Installed kitchen wall cabinets to determine if secure; iv) At least one interior passage door and operate one window per room excluding window treatments; and v) Household appliances limited to: (1) The kitchen range and oven to determine operation of burners or heating elements excluding microwave ovens and the operation of self-cleaning cycles and appliance timers and thermostats; (2) Dishwasher to determine water supply and drainage; and (3) Garbage disposer. m) When inspecting the insulation components and ventilation system of a residential building, the home inspector shall: 1) Inspect: i) Insulation in unfinished spaces without disturbing insulation; ii) Ventilation of attics and crawlspaces; and iii) Mechanical ventilation systems; and 2) Describe: i) Insulation in unfinished spaces adjacent to heated areas; and ii) Evidence of inadequate attic and crawlspace ventilation. n) When inspecting fireplaces and solid fuel burning appliances, a home inspector shall: 1) Inspect: i) Fireplaces and solid fuel burning appliances, without testing draft characteristics, excluding fire screens and doors, seals and gaskets, automatic fuel feed devices, Chapter 40 Page 99 of 108 Last Revision Date: 11/16/2015

130 mantles and non-structural fireplace surrounds, combustion make-up air devices, or gravity fed and fan assisted heat distribution systems; and ii) Chimneys and combustion vents excluding interiors of flues and chimneys; and 2) Describe: i) Type of fireplaces and/or solid fuel burning appliances; ii) Energy source; and iii) Visible evidence of improper draft characteristics. 13: MANDATORY TOOLS AND EQUIPMENT a) All home inspectors shall, during the performance of a home inspection, be equipped with the following minimum tools and equipment: 1) A ladder, minimum 11 feet in length; 2) A flashlight, or another equivalent light source, with a minimum 15,000 candlepower illumination; 3) A flame inspection mirror; 4) An electrical outlet tester with Ground Fault Circuit Interrupter (GFCI) test ability; 5) Tools necessary to remove common fasteners on covers or panels which are required to be removed pursuant to this subchapter. 6) A measuring tape; 7) A probe; 8) Thermometers for testing air conditioning; 9) Binoculars with a magnification between 8X42 and 10X50; 10) A moisture meter; Chapter 40 Page 100 of 108 Last Revision Date: 11/16/2015

131 11) Combustible gas leak detection equipment; and 12) A voltage detector. b) This section is not intended to establish an exclusive list of tools and equipment to be used during the performance of a home inspection. A home inspector may utilize any other tools or equipment which in the licensee's professional judgment believes is necessary to adequately perform a home inspection. 13: ADVERTISING; IDENTIFICATION OF LICENSEE a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise: "Advertisement" or "advertising" means an attempt, either directly or indirectly, by publication, dissemination, solicitation, endorsement or circulation in print or electronic media to induce a person to enter into an agreement to accept home inspection services. "Electronic media" includes, but is not limited to, radio, television, telephone, facsimile machine, computer, and the Internet. "Print media" means newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, fliers or other publications, the content of which is disseminated by means of the printed word. b) All radio and television advertising by a home inspector shall include the name and license number of the home inspector. c) All advertising by a home inspector, other than the advertising referred to in (b) above, shall include: 1) The name of the home inspector; 2) The words "Home Inspector License Number" or "Home Inspector Lic. #," followed by the license number of the home inspector, which may be either the entire "GI" number (for example, 24GI000xxx00 or 24GI00XXXX00) or "GI" followed by the licensee's three- or four-digit license number (for example, GIxxx or GIxxxx); and 3) The business address of the home inspector, including the street name and number. Post office box numbers shall not be used as a form of business address. Chapter 40 Page 101 of 108 Last Revision Date: 11/16/2015

132 d) All advertising records shall be retained for a period of one year from the date of the advertisement. e) A home inspector whose name, business address, or license number appears or is mentioned in any advertisement shall be presumed to have caused, permitted or approved the advertising and shall be personally responsible for its content. f) All commercial vehicles used by a home inspector shall be marked on both sides with the following information: 1) The name of the home inspector in lettering at least one inch in height; 2) The words "Home Inspector License Number" or "Home Inspector Lic. #," followed by the license number of the home inspector, which may be either the entire "GI" number (for example, 24GI000xxx00 or 24GI00XXXX00) or "GI" followed by the licensee's three- or four-digit license number (for example, GIxxx or GIxxxx) in lettering at least one inch in height; and 3) The name of the owner or the lessee of the vehicle and the municipality from which the licensee practices or where the licensee has a principal office in lettering at least three inches in height. i) Where available space for lettering is limited, either by design of the vehicle or by the presence of other legally specified identification markings, making strict compliance with (f)3 above impractical, the size of the lettering shall be as close to three inches high as is possible within the limited space, provided the information required is clearly visible and readily identifiable. g) All business correspondence and stationery, such as letterhead, business cards, preinspection agreements and home inspection reports, of a home inspector shall display: 1) The name of the home inspector; 2) The words "Home Inspector License Number" or "Home Inspector Lic. #," followed by the license number of the home inspector, which may be either the entire "GI" number (for example, 24GI000xxx00 or 24GI00XXXX00) or "GI" followed by the licensee's three- or four-digit license number (for example, GIxxx or GIxxxx); and 3) The business address of the home inspector, including the street name and number, of the home inspector. Post office box numbers shall not be used as a form of business address. Chapter 40 Page 102 of 108 Last Revision Date: 11/16/2015

133 13: PROHIBITED PRACTICES a) It is a prohibited practice for a home inspector to do any of the following: 1) Perform or offer to perform, for an additional fee, any repairs to a structure on which the licensee or the licensee's company, has prepared a home inspection report; 2) Inspect for a fee any property in which the licensee, or the licensee's company, has any financial interest or any interest in the transfer of the property; 3) Offer or deliver any compensation, inducement, or reward to the owner of the inspected property, the broker, the agent or the client's representative, for the referral of any business to the licensee or the licensee's company; 4) Offer or deliver any compensation, inducement, or reward to the client, the broker, the agent or the client's representative or homeowner, on behalf of a person or business entity; 5) Accept an engagement to perform an inspection or prepare a home inspection report in which the employment itself or the fee payable for the inspection is contingent upon the conclusions of the report, pre-established findings, or the close of title; 6) Provide a copy of the home inspection report or disclose any information concerning the results of the inspection without the written approval of the client or the client's representative except when the home inspector discovers a health or safety condition that would not be readily detectable by the occupant or homeowner and which poses an imminent risk of injury; 7) Accept compensation, financial or otherwise, from more than one interested party for the same home inspection; 8) Accept or offer commissions or allowances, directly or indirectly, from other parties dealing with the client in connection with work for which the licensee is responsible; 9) Accept commissions from any other trade or profession for information concerning the condition of the property which is the subject of the home inspection; 10) Fail to promptly disclose to the client information about any business interest of the licensee which may affect the client in connection with the home inspection; Chapter 40 Page 103 of 108 Last Revision Date: 11/16/2015

134 11) Allow an interest the licensee may have in any business to affect the quality of a home inspection; 12) Use a home inspection as a means to obtain work in another field which is not an additional inspection service as defined by N.J.A.C. 13: ; 13) Engage in the use of advertising which contains any statement, claim or format which is false, fraudulent, misleading or deceptive; 14) Engage in advertising which promotes a professional service which is beyond the licensee's ability or authority to perform; 15) Perform or represent that a licensee can perform a professional service which is beyond the licensee's ability or authority to perform; 16) Perform, or offer to perform engineering or architectural services unless appropriately qualified pursuant to N.J.S.A. 45:3-1 et seq., N.J.S.A. 45:8-27 et seq., and other applicable laws and rules; 17) Fail to inspect the systems and components required by the standards of practice as set forth in N.J.A.C. 13: without the written consent of the client; 18) Employ any person as a home inspector who is not licensed as a home inspector; 19) Practice as a home inspector without a license, with a suspended license or during inactive status; 20) Perform any act or omission involving dishonesty, fraud, or misrepresentation with the intent to benefit a licensee or other person or with the intent to substantially injure another person; 21) Perform any act or omission involving dishonesty, fraud, or misrepresentation in the performance of a home inspection or preparation of a home inspection report; 22) Pay a finder's fee or referral fee to any person in connection with a home inspection; or 23) Fail or refuse, without good cause, to exercise diligence in preparing a home inspection report, delivering a report to the client, or responding to an inquiry from the client. Chapter 40 Page 104 of 108 Last Revision Date: 11/16/2015

135 b) Engaging in any of the prohibited practices delineated in (a) above shall be considered professional or occupational misconduct within the meaning of N.J.S.A. 45:1-21(e) and may subject the licensee to the disciplinary provisions of N.J.A.C. 13: : SUSPENSION, REVOCATION OR REFUSAL TO RENEW LICENSE a) The Committee may, pursuant to N.J.S.A. 45:1-21 and this subchapter, deny, refuse to renew, or temporarily suspend or revoke a license, or issue a civil penalty, upon proof that an applicant or licensee: 1) Has obtained a license or license renewal through fraud, deception, or misrepresentation; 2) Has engaged in dishonesty, fraud, deception, misrepresentation, false promise, or false pretense; 3) Has engaged in gross negligence, gross malpractice or gross incompetence which damaged or endangered the life, health, welfare, safety or property of any person; 4) Has engaged in repeated acts of negligence, malpractice or incompetence; 5) Has engaged in professional or occupational misconduct as outlined in N.J.A.C. 13: and 15.19; 6) Has been convicted of, or engaged in acts constituting, any crime or offense involving moral turpitude or relating adversely to the activity regulated by the home inspection Committee. For the purpose of this subsection a judgment of conviction or a plea of guilty, non vult, nolo contendere or any other such disposition of alleged criminal activity shall be deemed a conviction; 7) Has had the authority to engage in home inspections revoked or suspended by any other state, agency or authority for reasons consistent with this section; 8) Has violated or failed to comply with the provisions of any law or regulation administered by the Committee; 9) Has permitted an unlicensed person or entity to perform an act for which a license or certificate of registration or certification is required by the board, or aided and abetted an unlicensed person or entity in performing such an act; Chapter 40 Page 105 of 108 Last Revision Date: 11/16/2015

136 10) Has failed to report any violations of the Act and this subchapter by other licensees to the Committee; 11) Is incapable, for medical or other good cause, of discharging the functions of a licensee in a manner consistent with the public's health, safety and welfare; 12) Has violated any insurance fraud prevention law or act of another jurisdiction or has been adjudicated, in civil or administrative proceedings, of a violation of the law as set forth in this section, or has been subject to a final order, entered in civil or administrative proceedings, that imposed civil penalties under that act against the applicant or holder; 13) Is presently engaged in drug or alcohol use that is likely to impair the ability to practice the profession or occupation with reasonable skill and safety. For purposes of this subsection, the term "presently" means at this time or any time within the previous 365 days; or 14) Advertised fraudulently in any manner. b) In addition to the actions listed in (a) above, the Committee may impose additional or alternative penalties pursuant to N.J.S.A. 45:1-22 and 25 for violations of any provision of this subchapter. c) The Committee may order a licensed home inspector to complete continuing education units as all or part of the civil penalty imposed for disciplinary measures. d) The denial, refusal to renew, or temporary suspension or revocation of a license, and/or the issuance of a civil penalty under this section, may be ordered by a decision of a majority of the Committee after an opportunity to be heard. e) The licensee may apply to the Committee for reinstatement of a revoked license after the revocation has been in effect for at least one year. The reinstatement shall be granted upon an affirmative vote by a majority of the Committee. 13: REQUIREMENTS FOR LICENSURE AS A HOME INSPECTOR BY COMITY a) Any person with a valid registration, certification, or license issued by another state or possession of the United States or the District of Columbia may, upon the submission of an application provided by the Committee and payment of the fee in N.J.A.C. 13: , be issued a license as a home inspector, provided that: Chapter 40 Page 106 of 108 Last Revision Date: 11/16/2015

137 1) The education, training, and examination requirements in such other jurisdiction are substantially equivalent to those required by the Committee at the time of application; 2) The prior State licenses relied upon must be current, active, and in good standing; and 3) The person secures and maintains an errors and omissions insurance policy, in the minimum amount of $500,000 per occurrence. 13: INSPECTION SERVICES REQUIRING ADDITIONAL EXPERIENCE, EDUCATION, TRAINING, OR LICENSE OR CERTIFICATION a) A licensed home inspector may perform the following additional inspection services if the licensee has the experience, education, training, license or certification indicated: 1) Wells, well pumps, well water sampling or water storage related equipment: experience, education, training; 2) Private waste disposal systems including on-site individual waste disposal systems septic systems and/or cesspools: license from Board of Professional Engineers or registered as an environmental health specialist; 3) Installed or free-standing warning devices including, carbon monoxide detectors, flue gas and other spillage detectors: experience, education, training; 4) Fire alarm systems, smoke detection systems, burglar alarm and security equipment: license from the Fire Alarm, Burglar Alarm and Locksmith Committee; 5) Presence of rodents, pests and/or insects of any kind: experience, education, training; 6) Presence of asbestos: license from Environmental Protection Agency; 7) Presence of lead paint: license from the Department of Health and Senior Services; 8) Presence of radon: license from the Department of Environmental Protection; 9) Presence of hazardous waste: experience, education, training; or Chapter 40 Page 107 of 108 Last Revision Date: 11/16/2015

138 10) Inspections requiring specialized training or certification by a board, committee, commission or other agency of the State. 13: FEE SCHEDULE a) The Committee shall charge the following fees: 1) Application fee: i) Home inspector... $ ) Initial license fee: i) Home inspector ii) Issued during the second year of a biennial renewal period ) Renewal license fee i) Home inspector ii) Inactive status... (to be established by rule by the Director) 4) Late renewal fee ) Reinstatement fee ) Duplicate certificate fee ) Duplicate placard fee ) Duplicate identification card fee ) Continuing education program sponsor review fee : (RESERVED) Chapter 40 Page 108 of 108 Last Revision Date: 11/16/2015

139 PLEASE READ The official text of New Jersey Statutes can be found through the home page of the New Jersey Legislature New Jersey Statutes Annotated (N.J.S.A.), published by Thomson West, provides the official annotated statutes for New Jersey. The statutes in PDF form provided on this website by the Division of Consumer Affairs are unofficial courtesy copies, which may differ from the official text. Although every effort is made to ensure that the text of the courtesy copies is identical to the official version, if any discrepancies exit between the text on this website and the official version, the official version will govern.

140 Building Design Law Table of Contents 45:4B-1. Short title :4B-2. Findings, declarations :4B-3 Definitions :4B-4 Joint Committee of Architects and Engineers :4B-5. Powers, duties of joint committee :4B-6. Referral of complaint, question, controversy to joint committee :4B-7. Classification of buildings, structures :4B-8. Licensed architect; contracts for services; conditions :4B-9. Professional engineer; contracts for services; conditions :4B-10. Architect to design engineering systems; conditions :4B-11. Licensee to maintain records :4B-12. Engineers may perform building design services, not architectural services :4B-13. Architects may perform works facilities design, not engineering services :4B-14. Violation of act deemed professional misconduct... 8

141 Building Design Law 45:4B-1. Short title This act shall be known and may be cited as the "Building Design Services Act." L.1989, c.277, s.1. 45:4B-2. Findings, declarations The Legislature finds and declares that there is an area of concurrent practice between the practice of architecture and the practice of engineering, specifically in the area of building design. In order to eliminate uncertainty and provide for the resolution of future disputes in the area of concurrence, the Legislature declares that it is in the public interest to create a Joint Committee of Architects and Engineers to receive referrals from the New Jersey State Board of Architects and the State Board of Professional Engineers and Land Surveyors; conduct investigations to determine violations of this act; conduct, at its discretion, hearings; communicate its findings in writing; and issue declaratory rulings on the use group classifications contained in section 7 of this act. Nothing herein, except as provided in section 5 of this act, shall be deemed to preempt the ultimate decision making authority of the boards. It is also the Legislature's intent to provide for contracting between architects and engineers without compromising the integrity of either profession. This act is declared remedial except that the powers and duties of the committee shall be limited to those contained in section 5 of this act. L.1989, c.277, s.2. 45:4B-3 Definitions. 3. For the purposes of this act: a. "Architectural project" means any building or structure the plans for which may be prepared, designed, signed, and sealed by a licensed architect pursuant to section 7 of this act. b. "Boards" means the New Jersey State Board of Architects and the State Board of Professional Engineers and Land Surveyors. c. "Closely allied professional" means and is limited to licensed architects, professional engineers, land surveyors, professional planners, and certified landscape architects. d. "Engineering project" means a building or structure the plans for which may be prepared, designed, signed, and sealed by a professional engineer pursuant to section 7 of this act. e. "Engineering systems" means those systems necessary for the proper function of a building and surrounding site, the proper design of which requires engineering knowledge acquired through engineering or architectural training and experience. These systems include but are not limited to structural, electrical, heating, lighting, acoustical, ventilation, air conditioning, grading, plumbing and drainage. Drainage facilities for sites of 10 acres or more or involving storm water detention facilities or traversed by a water course shall only be designed by a professional engineer. Revised 2/21/13 Page 1

142 Building Design Law f. "Joint committee" means the Joint Committee of Architects and Engineers created pursuant to section 4 of this act. g. "Owner" means any person, agent, firm, partnership or corporation having a legal or equitable interest in the property or any agent acting on behalf of such individuals or entities. h. "Practice of architecture" or "architectural services" means the rendering of services in connection with the design, construction, enlargement, or alteration of a building or a group of buildings and the space within or surrounding those buildings, which have as their principal purpose human use or habitation. These services include site planning, providing preliminary studies, architectural designs, drawings, specifications, other technical documentation, and administration of construction for the purpose of determining compliance with drawings and specifications. i. "Practice of engineering" or "engineering services" means any service or creative work the adequate performance of which requires engineering education, training, and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems, planning the use of land and water, engineering studies, and the administration of construction for the purpose of determining compliance with drawings and specifications; any of which embraces such services or work, either public or private, in connection with any engineering project including: utilities, structures, buildings, machines, equipment, processes, work systems, projects, telecommunications, and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the planning, progress and completion of any engineering services. The design of buildings by professional engineers shall be consistent with section 7 of this act. The practice of professional engineering shall not include the work ordinarily performed by persons who operate or maintain machinery or equipment. j. "Responsible charge" means the rendering of regular and effective supervision by a competent licensed architect or professional engineer as appropriate to those individuals performing services which directly and materially affect the quality and competence of professional work rendered by the licensee. A licensee engaged in any of the following acts or practices shall be deemed not to have rendered regular and effective supervision: (1) The regular and continuous absence from principal office premises from which professional services are rendered, except for the performance of field work or presence in a field office maintained exclusively for a specific project; (2) The failure to personally inspect or review the work of subordinates where necessary and appropriate; (3) The rendering of a limited, cursory or perfunctory review of plans for a building or structure in lieu of an appropriate detailed review; and (4) The failure to personally be available on a reasonable basis or with adequate advanced notice for consultation and inspection where circumstances require availability. L.1989,c.277,s.3; amended 2001, c.378, s.2. Revised 2/21/13 Page 2

143 Building Design Law 45:4B-4 Joint Committee of Architects and Engineers. 4. There is created in the Division of Consumer Affairs in the Department of Law and Public Safety a Joint Committee of Architects and Engineers which shall consist of five members, two of whom shall be licensed architect members of the New Jersey State Board of Architects, two of whom shall be professional engineer members of the State Board of Professional Engineers and Land Surveyors and one of whom shall be appointed by the Governor. The professional members shall be appointed by their respective board presidents with the advice and consent of a majority of their respective boards. They shall serve at the discretion of their respective boards during their terms of office. The gubernatorial appointment shall be a resident of this State with experience as an arbitrator and shall not be a licensed architect, professional engineer, or a closely allied professional. The gubernatorial appointment shall serve from the date of appointment for a term of five years and shall not serve for more than two consecutive terms. The gubernatorial appointment may be removed for cause by the Governor. An alternate member shall be chosen from each board in the same manner as the professional members. An alternate member may represent the appointing board when a professional member is absent from a joint committee meeting. While acting in this capacity the alternate member shall enjoy all the rights and privileges of a voting professional member. The gubernatorial appointment with an equal number of architect and engineer professional members present shall constitute a quorum. No joint committee business shall be conducted without a quorum. The joint committee shall meet at least six times a year, except that it shall meet no less than once every two months. The joint committee members shall be entitled to receive per diem fees and expenses equivalent to fees paid to members of the professional and occupational licensing boards pursuant to section 2 of P.L.1977, c.285 (C.45:1-2.5). The cost of operation of the joint committee shall be borne equally by the boards which shall adopt such fees by regulation as are necessary to fund such operation. L.1989,c.277,s.4; amended 2001, c.378, s.3. 45:4B-5. Powers, duties of joint committee The joint committee shall have the following powers and duties: a. To investigate, within a reasonable period of time, any alleged violation of this act referred by the boards. b. To conduct, at its discretion, investigative hearings on any alleged violation of this act referred by the boards. Revised 2/21/13 Page 3

144 Building Design Law c. To notify the boards, in writing, if in a particular matter, it finds that no violation of this act has occurred. In the event such a finding is made, no further action shall be taken with respect to that particular matter by either board or the joint committee. d. To notify the boards, in writing, if in a particular matter, it finds that a violation of this act has occurred. In the event of such a finding the board possessing authority to discipline the licensee or other regulated entity found to have violated this act shall either initiate disciplinary action, or where in its determination the basis for the joint committee's finding is insufficient, refer the matter back to the joint committee for further investigation and evaluation. e. To determine, by regulation, the assignment of use group classification established pursuant to section 7 of this act for any building or structure not contemplated within the use groups or whose classification is not reasonably ascertainable. f. To issue declaratory rulings with regard to determining a building or structure's primary use group classification for the purpose of determining if such building or structure is an architectural or engineering project, or both. Requests for declaratory rulings shall be submitted to the joint committee by either of the boards. The joint committee may issue a declaratory ruling which shall bind the boards and all parties to the proceeding on the state of the facts alleged. That ruling shall be deemed a final decision or action subject to review in the Appellate Division of the Superior Court. g. To promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this act. L.1989, c.277, s.5. 45:4B-6. Referral of complaint, question, controversy to joint committee Any complaint, question, or controversy involving the application of this act may be referred to the joint committee for evaluation and such action as may be authorized herein. The boards shall provide any and all documents in their possession regarding any matter referred to the joint committee and shall, where necessary and appropriate, exercise the investigation or enforcement power conferred by law in order to aid and assist the joint committee in its functions. No joint committee member shall be disqualified from any board deliberation or action solely by reason of that member's having participated in joint committee activity. L.1989, c.277, s.6. 45:4B-7. Classification of buildings, structures a. For the purposes of this act, buildings and structures are classified by their use into use groups as determined by the BOCA National Building Code. The following chart based on the BOCA National Building Code/1987, tenth edition, designates projects by use groups and sets forth those which may be designed, prepared, signed, and sealed by licensed architects and professional engineers, or both, as indicated. In the event that the BOCA National Building Code's provisions are altered in subsequent editions nothing herein contained shall be deemed to be altered. Revised 2/21/13 Page 4

145 Building Design Law BUILDING DESIGN CATEGORIES BOCA Use Group Architects Engineers Classification May Design May Design -Assembly All A-5 Outdoor Assembly use or as an incidental use. B-Business All None other than Note 1 or as an incidental use. -Educational All None except for an incidental use. -Factory and Industrial All All H-High Hazard All All -Institutional All None except for an incidental use. M-Mercantile All None except for an incidental use. R-Residential All None except for an incidental use. S-Storage All All U-Utility All All Except an Engineering Work Note 1. Professional engineers may design the following projects within the B Use group: (a) Car wash facilities; (b) Materials testing laboratories; and, (c) Telephone exchanges and data processing relay or equipment facilities. b. An engineering work such as a sewage or water treatment plant, power plant, or transportation system, shall be prepared, designed, signed, and sealed by a professional engineer only. c. Professional engineers may prepare, design, sign and seal buildings or portions of buildings in a non-permitted use group classification only as an incidental use. A portion of a building shall be deemed to be an incidental use where the portion is an ancillary part of an engineering project and the building or portion is of a building design category prohibited to engineers. The area of the incidental use shall not constitute more than 10% of the building's total floor area or 2000 square feet whichever is greater. Revised 2/21/13 Page 5

146 Building Design Law In the design of traditional engineering works projects such as sewage or water treatment plants, power plants or transportation systems, the area of the incidental use shall not constitute more than 10% of the total square footage of all structures in the project, or 2000 square feet, whichever is greater. Where public access is a primary consideration in buildings such as transportation terminals, railroad stations, or administration buildings, those buildings shall be designed by architects only. L.1989, c.277, s.7. 45:4B-8. Licensed architect; contracts for services; conditions A sole proprietor or business association, which may by law render or offer to render engineering services shall enter into a contract with an owner to provide architectural and engineering services under the following conditions: a. The contract with the owner is in writing and provides for a coordinated rendering of architectural and engineering services. b. Architectural services shall be provided pursuant to a separate, written, independent subcontract which clearly delineates the responsibility of the licensed architect or business association and the contracting entity. c. Any subcontract for the providing of architectural services pursuant to this act shall provide that: (1) The licensed architect or business association shall render such services as an independent professional and not as an employee of a sole proprietor or business association which may by law provide or offer to provide engineering services. (2) The licensed architect shall exercise independent professional judgment consistent with accepted standards of the practice of architecture with regard to the project as its circumstances may dictate. d. A professional engineer may design any engineering additions to an architectural project. e. Corporations subject to the requirements of subsection a. of section 7 of P.L.1989, c.276 (C.45:8-56) shall, in addition to the requirements provided therein, be subject to the following: (1) At least two thirds of the directors shall be professional engineers; and (2) A minimum of 20% of the shares shall be owned by professional engineers. L.1989, c.277, s.8. 45:4B-9. Professional engineer; contracts for services; conditions A sole proprietor or business association, which may by law render or offer to render architectural services, shall enter into a contract with an owner to provide architectural and engineering services under the following conditions: a. The contract with the owner is in writing and provides for a coordinated rendering of architectural and engineering services. Revised 2/21/13 Page 6

147 Building Design Law b. Engineering services shall be provided pursuant to a separate, written, independent subcontract which clearly delineates the responsibility of the professional engineer or business association and the contracting entity. c. Any subcontract for the providing of engineering services pursuant to this act shall provide that: (1) The professional engineer or business association shall render services contracted for as an independent professional and not as an employee of a sole proprietor or business association which may by law provide or offer to provide architectural services. (2) The professional engineer shall exercise independent professional judgment consistent with accepted standards of the practice of engineering with regard to the project as its circumstances may dictate. d. A licensed architect may design any architectural additions to an engineering work. L.1989, c.277, s.9. 45:4B-10. Architect to design engineering systems; conditions A licensed architect shall provide the design of engineering systems in connection with an architectural project under either of the following conditions: a. The engineering systems are designed within the architect's office and the work is done under the responsible charge of a licensed architect or a professional engineer. Where such work is done under the responsible charge of a licensed architect, the architect shall sign and seal all plans and specifications. If the architect designates a professional engineer to be in responsible charge of all or a portion of the design of the engineering systems, the professional engineer shall sign and seal all such engineering designs; or b. All or a portion of the engineering systems are designed outside the architect's office under a subcontract with a professional engineer who is in responsible charge of the work. The contract shall be in writing and provide that the professional engineer shall exercise independent professional judgment consistent with accepted standards of engineering with regard to the project as its circumstances may dictate. This work product shall be submitted by said engineer: (1) On drawings with the engineer's title block, properly signed and sealed; (2) In report or specification form, appropriately identified, signed, and sealed; (3) In letter form properly signed; (4) In any other form as is consistent with the assignment. L.1989, c.277, s :4B-11. Licensee to maintain records A licensee shall maintain such records as are reasonably necessary to establish that the licensee exercised regular and effective supervision of any professional services of which he or she was in responsible charge. Revised 2/21/13 Page 7

148 Building Design Law L.1989, c.277, s :4B-12. Engineers may perform building design services, not architectural services Notwithstanding the provisions of this act, an individual or business association, which may by law practice engineering, but not architecture, shall not use the title architect or advertise or use any title, sign, card or device to indicate that that sole proprietor or business association may perform architectural services. A sole proprietor or business association in advertising or offering to perform services pursuant to section 7 or 8 of this act, shall designate or describe those services as "building design services" or the substantial equivalent but shall not utilize the term "architectural services" or its substantial equivalent. L.1989, c.277, s :4B-13. Architects may perform works facilities design, not engineering services Notwithstanding the provisions of this act, a sole proprietor or business association, which may by law practice architecture, but not engineering, shall not use the title engineer or advertise or use any title, sign, card or device to indicate that that sole proprietor or business association may perform engineering services. That sole proprietor or business association in advertising or offering to perform services pursuant to section 7 or 9 of this act, shall designate or describe such services as "works facilities design" or the substantial equivalent but shall not utilize the term "engineering services" or its substantial equivalent. L.1989, c.277, s :4B-14. Violation of act deemed professional misconduct a. Consistent with section 5 of this act, any licensed architect who, or business association authorized to offer architectural services which, violates this act shall be disciplined by the New Jersey State Board of Architects. Such a violation shall be deemed professional misconduct. Any professional engineer who, or business association authorized to offer engineering services which, violates this act shall be disciplined by the State Board of Professional Engineers and Land Surveyors. Such a violation shall be deemed professional misconduct. b. Any violation of this act by an unlicensed individual or unauthorized business association shall be disciplined by the New Jersey State Board of Architects pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.). Such a violation shall be deemed the unlicensed practice of architecture. However, the design of an engineering work by an unlicensed individual or unauthorized business association shall be disciplined by the State Board of Engineers and Land Surveyors pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.). Such a violation shall be deemed the unlicensed practice of engineering. L.1989, c.277, s.14. Revised 2/21/13 Page 8

149 UNIFORM REGULATIONS 13:45C-1.3 CHAPTER45C UNIFORM REGULATIONS Authority N.J.S.A. 5:8-30.2, 45:1-1 7(b) and 52: I 7B-I 22. Source and Effective Date R.2006 d.8 I, effective January 26, See: 37 N.J.R. 3268(a), 38 N.J.R. 1215(b). Chapter Expiration Date Chapter 45C, Uniform Regulations, expires on January 26,201!. Chapter Historical Note Chapter 45C, Uniform Regulations, was adopted as R.I995 d.414, effective August 7, See: 26 N.J.R. 3128(a), 27 N.J.R. 2962(a). Pursuant to Executive Order No. 66(1978), Chapter 45C, Uniform Regulations, was readopted as R.2000 d.356, effective August 2, See: 32 N.J.R. 221 l(a), 32 N.J.R. 3328(b). Chapter 45C, Uniform Regulations, was readopted by R.2006 d.81, effective January 26, See: Source and Effective Date. See, also, section annotations. CHAPTER TABLE OF CONTENTS SUBCHAPTER 1. LICENSEE DUTY TO COOPERATE AND TO COMPLY WITH BOARD ORDERS l3:45c-l.i 13:45C :45C :45C :45C :45C-1.6 Applicability, scope and definitions Licensee's duty to cooperate in investigative inquiries Specific conduct deemed failure to cooperate Failure to comply with Board orders as professional or occupational misconduct Unavailability of privileges in investigative or disciplinary proceedings Maintenance of and access to statements, records or other information that is subject to a privilege declared unavailable SUBCHAPTER 1. LICENSEE DUTY TO COOPERATE AND TO COMPLY WITH BOARD ORDERS 13:45C-1.1 Applicability, scope and definitions (a) This subchapter shall apply to all licensees of any board, committee or sub-unit within the Division of Consumer Affairs. (b) For the purpose of this subchapter, "licensee" shall mean any licensee, permittee, certificate holder or registrant of: I. The Division of Consumer Affairs; 2. Any professional or occupational licensing board, committee, or other subunit of a board or committee located within the Division; or 3. The Legalized Games of Chance Control Comnusswn. Amended by R.2000 d.356, effective September 5, See: 32 N.J.R. 221!(a), 32 N.J.R. 3328(b). Rewrote the section. Amended by R.2006 d.8 I, effective February 2 I, See: 37 N.J.R. 3268(a), 38 N.J.R. 1215(b). In (b )2, deleted reference to "Office of ProfessionaVOccupational Boards"; deleted former (b )3; recodified former (b )4 as (b )3. 13:45C-1.2 Licensee's duty to cooperate in investigative inquiries (a) A licensee shall cooperate in any inquiry, inspection or investigation conducted by, or on behalf of, a board, the Director or the licensee's licensing agency into a licensee's conduct, fitness or capacity to engage in a licensed profession or occupation where said inquiry is intended to evaluate such conduct, fitness or capacity for compliance with applicable statutory or regulatory provisions. (b) A licensee's failure to cooperate, absent good cause or bona fide claim of a privilege not identified in N.J.A.C. 13 :45C-1.5 as unavailable, may be deemed by the board, the Director, or the licensing agency to constitute professional or occupational misconduct within the meaning of N.J.S.A. 45:I-2l(e) or the agency's enabling act and thus subject a licensee to disciplinary action pursuant to N.J.S.A. 45:1-21 (h) or the agency's enabling act. Amended by R.2000 d.356, effective September 5, See: 32 N.J.R. 221 l(a), 32 N.J.R. 3328(b). Inserted (a) and (b) designations. 13:45C-1.3 Specific conduct deemed failure to cooperate (a) The following conduct by a licensee may be deemed a failure to cooperate and, therefore, professional or occupational misconduct and grounds for disciplinary action including, but not limited to, suspension or revocation of licensure: 1. The failure to timely respond to an inquiry to provide information in response to a complaint received concerning licensee conduct; 2. The failure to timely provide records related to licensee conduct; 3. The failure to attend any scheduled proceeding at which the licensee's appearance is directed. In the event that a licensee elects to retain counsel for the purpose of representation in any such proceeding, it shall be the licensee's responsibility to do so in a timely fashion. The failure of a licensee to retain counsel, absent a showing of good cause therefor, shall not cause an adjournment of the proceeding; 4. The failure to timely respond or to provide information requested pursuant to a demand under N.J.S.A. 45C-l Supp

150 13:45C :1-18 or other applicable law or to provide access to any premises from which a licensed profession or occupation is conducted. Included within this paragraph shall be the failure to respond to any demand for statement or report under oath, the failure to permit the examination of any goods, ware or item used in the rendition of the professional or occupational service and the failure to grant access to records, books or other documents utilized in the practice of the occupation or profession; 5. The failure to answer any question pertinent to inquiry made pursuant to N.J.S.A. 45:1-18 or other applicable law unless the response to said question is subject to a bonafide claim of privilege; 6. The failure to make proper and timely response by way of appearance or production of documents to any subpoena issued pursuant to N.J.S.A. 45:1-18 or as may otherwise be provided by law; or 7. The failure to provide to the Board, the Director or the licensing agency timely notice of any change of address from that which appears on the licensee's most recent license renewal or application. Amended by R.2000 d.356, effective September 5, See: 32 N.J.R. 22ll(a), 32 N.J.R. 3328(b). In (a), substituted "and" for "or other good cause or" following "misconduct". Amended by R.2006 d.81, effective February 21,2006. See: 37 N.J.R. 3268(a), 38 N.J.R. 1215(b). In introductory paragraph (a), added "disciplinary action including, but not limited to,". Law Reviews and Journal Commentaries Constitutionality of Doctors' Office Searches Tested. Henry Gottlieb, 155 N.J.L.J. 69 (1999). 13:45C-1.4 Failure to comply with Board orders as professional or occupational misconduct The failure of a licensee to comply with an order duly entered and served upon the licensee or of which the licensee has knowledge shall be deemed professional or occupational misconduct. 13:45C-1.5 Unavailability of privileges in investigative or disciplinary proceedings (a) In any investigative inquiry conducted pursuant to N.J.S.A. 45:1-18 or in any disciplinary proceeding conducted pursuant to N.J.S.A. 45:1-21, or as may otherwise be authorized by law, the physician-patient privilege, psychologistpatient privilege, marriage and family therapist-client privilege, professional counselor-client privilege, associate counselor-client privilege, social worker-client privilege and the alcohol and drug counselor-client privilege shall be unavailable. (b) Any statements or records otherwise subject to a claim of the stated privileges which may be obtained by the Board, DEPT. OF its agent or the Attorney General pursuant to N.J.S.A. 45:1-18 shall remain confidential and shall not be disclosed unless so ordered by a court of competent jurisdiction, the appropriate licensing board or the Office of Administrative Law in a contested case. Administrative change. See: 31 N.J.R. 547(b ). Amended by R.2000 d.356, effective September 5, See: 32 N.J.R. 22ll(a), 32 N.J.R. 3328(b). Inserted (a) and (b) designations; and in (a), inserted a reference to the alcohol and drug counselor-client privilege. 13:45C-1.6 Maintenance of and access to statements, records or other information that is subject to a privilege declared unavailable (a) Any statements, records or other information which may be subject to any privilege declared unavailable in this subchapter shall be maintained in a secure place and manner by: 1. The evidence custodian within the Division of Consumer Affairs, Enforcement Bureau; 2. The professional or occupational licensing board and the committee or other subunit of a board or committee located within the Division which has a direct connection with, or a need for access to, the matter to which the statements, records or other information pertain; or 3. A Deputy Attorney General. (b) Except as may be otherwise ordered as provided in the subchapter, access to statements, records or other information shall be afforded only to employees and agents of, and experts or other consultants retained by, the Attorney General, the Enforcement Bureau, or the Board or other subunit of the Division having a direct connection with, or a need for access to, the matter to which the statement, records or other information pertain. (c) The statements, records or other information may be retained for the period of time during which an investigation remains open or until the completion of all administrative or judicial proceedings relating thereto, at which time they may be returned to the licensee or other person from whom they were obtained. In the absence of such licensee or other person, the statements, records or other information may be returned to the patient, where appropriate. Amended by R.2000 d.356, effective September 5, See: 32 N.J.R. 22ll(a), 32 N.J.R. 3328(b). 1n (a), deleted "acquired" following "information" in the introductory paragraph, and substituted a reference to subunits of boards and committees located within the Division for a reference to sub-agencies of the Division in 2; and in (b), substituted a reference to subunits of the Division for a reference to sub-agencies of the Division. Amended by R.2006 d.81, effective February 21, See: 37 N.J.R. 3268(a), 38 N.J.R. 1215(b). In (b), added "and agents" and ", and experts or other consultants retained by,''; in (c), substituted "may" for "shall" throughout and deleted "only" following "retained." Supp C-2

151 PLEASE READ The official text of New Jersey Statutes can be found through the home page of the New Jersey Legislature New Jersey Statutes Annotated (N.J.S.A.), published by Thomson West, provides the official annotated statutes for New Jersey. The statutes in PDF form provided on this website by the Division of Consumer Affairs are unofficial courtesy copies, which may differ from the official text. Although every effort is made to ensure that the text of the courtesy copies is identical to the official version, if any discrepancies exit between the text on this website and the official version, the official version will govern.

152 Uniform Enforcement Act Table of Contents TITLE 45 GENERAL PROVISIONS - PROFESSIONS AND OCCUPATIONS :1-1. Persons entitled to practice, etc. under former laws unaffected :1-2.1 Applicability of act :1-2.2 membership of certain boards and commissions; appointment, removal, quorum : Qualifications; rights and duties : Effect of act on term of member in office : Compensation and reimbursement of expenses of members; executive secretaries; compensation and terms; office and meeting places : Inapplicability of act to rights under civil service or any pension law or retirement system :1-3. Expenses of boards paid from income; surplus paid to state treasurer; accounts :1-3.1 Applicability of act : Charges for examinations, licensures and other services; establishment or change by rule; standards : Administrative fees :1-4. Salary of secretary :1-7 Issuance of certain licenses or certificates of registration : Applicability of act; renewals; reinstatements : Reinstatement of license, registration, certification :1-7.3 Active, inactive options on renewal applications :1-8. Contractors; application of s. 45: :1-9 Indication of license, certificate number :1-10 Agreement by practitioner for payments to laboratory for tests without disclosure to patient, third party payor; prohibited : Responsibility of health care professionals for filing claims :1-11. Violations; penalty :1-12 Extra fee for completion of medical claim form, certain practitioners, penalty UNIFORM ENFORCEMENT ACT :1-14. Legislative findings and declarations; liberal construction of act :1-15 Application of act

153 45: Rules, regulations : Professional, occupational licenses, registrations, expiration date for individuals with certain types of military service; delayed :1-16. Definitions :1-17. Powers of Attorney General to implement act and administer law enforcement activities of boards :1-18 Investigative powers of board, director, or attorney general : Findings, declarations relative to unauthorized practice of certain occupations, professions : Exercise of investigative power : Regulations :1-19. Failure or refusal to file statement or report, refuse access to premises or failure to obey subpena; penalty :1-20. Compelling testimony or production of book, paper or document; immunity from prosecution :1-21 Refusal to license or renew, grounds : Information on DEP application compliance, seminar attendance : Suspension of certain licenses, registrations, certifications for failure to repay student loans : Violation of the responsibility to make 911 call, forfeiture of license, authorization to practice : Certain information relative to address of certain applicants, licensees; nondisclosure :1-22 Additional, alternative penalties :1-23. Summary proceeding in Superior Court; injunction; orders necessary to prevent unlawful practice or remedy past unlawful activity :1-24. Failure to pay penalties; enforcement :1-25 Violations, penalties :1-26. Repeal of inconsistent acts and parts of acts :1-27. Severability Background Checks for Health Care Professionals :1-28 Definitions relative to criminal history background checks for health care professionals :1-29 Criminal history record background check required for licensure of health care professional :1-30 Submission of information by applicant or licensee :1-31 Applicant or licensee to assume cost :1-32. Rules, regulations Health Care Professional Responsibility and Reporting Enhancement Act :1-33 Short title

154 45:1-34 Definitions relative to healthcare professionals :1-35 Immunity from civil liability :1-36 Confidentiality of information :1-37 Notification to division of impairment of health care professional :1-38 Notification to board relative to impairment, misconduct of health care professional :1-39 Fraud, misrepresentation, deception; disciplinary proceedings :1-40 Health Care Professional Information Clearinghouse Coordinator :1-41 Rules, regulations :1-42 Definitions relative to establishment of alternate testing dates for certain license applicants :1-43 Offering of alternate testing dates for examination Prescription Monitoring Program :1-44 Definitions :1-45 Prescription monitoring program; requirements : Information required for monitoring; rules, regulations :1-46 Access to prescription information :1-47 Prescription monitoring program; provisions for expansion :1-48 Immunity from liability :1-49 Penalties :1-50 Authority to contract :1-51 Rules, regulations :1-52 Continuation of regulations :1-53 Submission of bill to Medicare beneficiary by health care professional; reporting of nonpayment

155 Uniform Enforcement Act TITLE 45 GENERAL PROVISIONS - PROFESSIONS AND OCCUPATIONS 45:1-1. Persons entitled to practice, etc. under former laws unaffected Any person now entitled to practice any profession or to engage in any occupation, governed or regulated by the provisions of this title by virtue of any prior law, shall continue to be entitled to practice or engage in the same, notwithstanding the enactment of this title, and the validity of any license or other authorization to practice any such profession or to engage in any such occupation, heretofore issued to any person under any prior law, or of any proceeding pending to obtain such a license or authorization shall not be affected by the enactment of this title but all such persons shall in all other respects be subject to the provisions of this title. 45:1-2.1 Applicability of act. 1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the New Jersey Real Estate Commission, the State Board of Court Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of Social Work Examiners, the State Board of Examiners of Heating, Ventilation, Air Conditioning and Refrigeration Contractors, the Elevator, Escalator, and Moving Walkway Mechanics Licensing Board, the State Board of Physical Therapy Examiners, the Orthotics and Prosthetics Board of Examiners, the New Jersey Cemetery Board, the State Board of Polysomnography, the New Jersey Board of Massage and Bodywork Therapy, the Genetic Counseling Advisory Committee and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation. L.1971, c.60, s.1; amended 1983, c.7, s.19; 1984, c.205, s.40; 1989, c.153, s.22; 1991, c.31, s.16; 1991, c.68, s.27; 1991, c.134, s.15; 1993, c.365, s.18; 1995, c.366, s.20; 2003, c.18, s.18; 2005, c.244, s.14; 2005, c.308, s.8; 2007, c.211, s.29; 2007, c.337, s.10; 2009, c.41, s.11; 2012, c.71, s :1-2.2 membership of certain boards and commissions; appointment, removal, quorum. 2. a. All members of the several professional boards and commissions shall be appointed by the Governor in the manner prescribed by law; except in appointing members other than those appointed pursuant to subsection b. or subsection c., the Governor shall give due consideration to, but shall not be bound by, recommendations submitted by the appropriate professional organizations of this State. Revised 2/21/13 Page 1

156 Uniform Enforcement Act b. In addition to the membership otherwise prescribed by law, the Governor shall appoint in the same manner as presently prescribed by law for the appointment of members, two additional members to represent the interests of the public, to be known as public members, to each of the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the New Jersey Real Estate Commission, the State Board of Court Reporting, the State Board of Social Work Examiners, the Elevator, Escalator, and Moving Walkway Mechanics Licensing Board, and the State Board of Veterinary Medical Examiners, and one additional public member to each of the following boards: the Board of Examiners of Electrical Contractors, the State Board of Marriage and Family Therapy Examiners, the State Board of Examiners of Master Plumbers, and the State Real Estate Appraiser Board. Each public member shall be appointed for the term prescribed for the other members of the board or commission and until the appointment of his successor. Vacancies shall be filled for the unexpired term only. The Governor may remove any such public member after hearing, for misconduct, incompetency, neglect of duty or for any other sufficient cause. No public member appointed pursuant to this section shall have any association or relationship with the profession or a member thereof regulated by the board of which he is a member, where such association or relationship would prevent such public member from representing the interest of the public. Such a relationship includes a relationship with members of one's immediate family; and such association includes membership in the profession regulated by the board. To receive services rendered in a customary client relationship will not preclude a prospective public member from appointment. This paragraph shall not apply to individuals who are public members of boards on the effective date of this act. It shall be the responsibility of the Attorney General to insure that no person with the aforementioned association or relationship or any other questionable or potential conflict of interest shall be appointed to serve as a public member of any board regulated by this section. Where a board is required to examine the academic and professional credentials of an applicant for licensure or to test such applicant orally, no public member appointed pursuant to this section shall participate in such examination process; provided, however, that public members shall be given notice of and may be present at all such examination processes and deliberations concerning the results thereof, and, provided further, that public members may participate in the development and establishment of the procedures and criteria for such examination processes. c. The Governor shall designate a department in the Executive Branch of the State Government which is closely related to the profession or occupation regulated by each of the boards or commissions designated in section 1 of P.L.1971, c.60 (C.45:1-2.1) and shall appoint the head of such department, or the holder of a designated office or position in such department, to serve without compensation at the pleasure of the Governor as a member of such board or commission. d. A majority of the voting members of such boards or commissions shall constitute a quorum thereof and no action of any such board or commission shall be taken except upon the affirmative vote of a majority of the members of the entire board or commission. Revised 2/21/13 Page 2

157 Uniform Enforcement Act L.1971, c.60, s.2; amended 1977, c.285, s.1; 1981, c.295, s.14; 1984, c.205, s.41; 1991, c.68, s.28; 1991, c.134, s.16; 1995, c.366, s.21; 2005, c. 308, s.9; 2012, c.71, s : Qualifications; rights and duties Such additional members: a. Need not meet the educational and professional requirements for membership on such boards or commissions as provided in the several statutes establishing such boards and commissions; and b. Shall be voting members subject to the same rights, obligations and duties as other members of their respective boards or commissions. L.1971, c. 60, s. 3, eff. March 25, : Effect of act on term of member in office Nothing in this act shall affect the right of a board or commission member in office on the effective date of this act to continue to serve for the term for which he was appointed. L.1971, c. 60, s. 4, eff. March 25, : Compensation and reimbursement of expenses of members; executive secretaries; compensation and terms; office and meeting places With respect to the boards or commissions designated in section 1 of P.L.1971, c.60 (C.45:1-2.1), except as otherwise provided in subsection d. of this section, and notwithstanding the provisions of any other law: a. The officers and members shall be compensated on a per diem basis in the amount of $25.00 or an amount to be determined by the Attorney General, with the approval of the State Treasurer, but not to exceed $ per diem or $2, annually, and shall be reimbursed for actual expenses reasonably incurred in the performance of their official duties. Such moneys shall be paid according to rules and regulations promulgated by the Attorney General. b. The executive secretary shall receive such salary as shall be determined by the appointing authority within the limits of available appropriations and shall serve at its pleasure. Any such executive secretary who holds a certificate, license or registration issued by the board or commission by which he is employed shall not during such employment be permitted to engage in any profession or occupation regulated by the board or commission. c. The head of the department to which such board or commission is assigned shall maintain within any public building, whether owned or leased by the State, suitable quarters for the board's or commission's office and meeting place, provided that no such office or meeting place shall be within premises owned or occupied by an officer or member of such board or commission. Revised 2/21/13 Page 3

158 Uniform Enforcement Act d. The compensation schedule for members of boards and commissions provided in subsection a. of this section shall not apply to the members of the New Jersey Real Estate Commission, who shall be compensated pursuant to R.S.45:15-6 or to members of the State Board of Medical Examiners who shall receive compensation of $150 per diem. L.1977, c.285, s.2; amended 1981,c.91,s.1; 1985,c.137,s.2; 1989,c.300,s : Inapplicability of act to rights under civil service or any pension law or retirement system Nothing in this act shall deprive any person of any tenure rights or of any right or protection provided him by Title 11 of the Revised Statutes, Civil Service, or any pension law or retirement system. L.1977, c. 285, s. 3, eff. Nov. 12, :1-3. Expenses of boards paid from income; surplus paid to state treasurer; accounts Each member of the boards mentioned in section 45:1-2 of this title shall be entitled to his actual traveling and other expenses incurred in the performance of his duties, which sum shall be paid from the license fees and other sources of income of such boards. Such boards shall also be entitled to expend from their income such sums as shall be necessary to defray all proper expenses incurred by them in the performance of their duties, including the compensation of any of their officers or agents whom they are authorized to compensate. Such boards, if authorized to collect an annual registration or license fee from persons licensed by them, may retain in their treasuries the fees so collected and use the same for the purpose of defraying the expenses of securing evidence against and prosecuting persons violating the provisions of the laws with the enforcement of which they are charged, or, in case the revenue of the boards from other sources shall be insufficient to pay the salary of their secretaries and their other expenses, such fees may be expended for such purposes. Such boards shall be entitled to retain, in addition to the above, at least one hundred dollars in their treasuries for the purpose of preparing and holding their examinations. On or before October thirty-first in each year such boards shall pay to the state treasurer all moneys remaining in their treasuries, except as above stated, which sum, when so paid, shall form a part of the state fund. Such boards shall keep accurate accounts of their receipts and expenditures, which accounts shall be subject to audit by the state comptroller. 45:1-3.1 Applicability of act. 1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Court Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Revised 2/21/13 Page 4

159 Uniform Enforcement Act Care, the State Real Estate Appraiser Board, the New Jersey Cemetery Board, the State Board of Social Work Examiners, the State Board of Examiners of Heating, Ventilating, Air Conditioning and Refrigeration Contractors, the Elevator, Escalator, and Moving Walkway Mechanics Licensing Board, the State Board of Physical Therapy Examiners, the State Board of Polysomnography, the Orthotics and Prosthetics Board of Examiners, the New Jersey Board of Massage and Bodywork Therapy, the Genetic Counseling Advisory Committee and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation. L.1974, c.46, s.1; amended 1983, c.7, s.20; 1984, c.205, s.42; 1989, c.153, s.23; 1991, c.31, s.17; 1991, c.68, s.29; 1991, c.134, s.17; 1995, c.366, s.22; 2003, c.18, s.19; 2003, c.261, s.39; 2005, c.244, s.15; 2005, c.308, s.10; 2007, c.211, s.30; 2007, c.337, s.11; 2009, c.41, s.12; 2012, c.71, s : Charges for examinations, licensures and other services; establishment or change by rule; standards Notwithstanding the provisions of Title 45 of the Revised Statutes or any other law to the contrary, any board or commission named in section 1 of this supplementary act may by rule establish, prescribe or change the charges for examinations, licensures and other services it performs, which rule shall first be approved by the head of the department to which such board or commission is assigned and shall be adopted in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c. 410 (c. 52:14B-1). Any board's or commission's charges established, prescribed or changed pursuant to this section shall be established, prescribed or changed to such extent as shall be necessary to defray all proper expenses incurred by the board or commission in the performance of its duties but such charges shall not be fixed at a level that will raise amounts in excess of the amount estimated to be so required. L.1974, c. 46, s. 2, eff. June 24, : Administrative fees 4. The Director of the Division of Consumer Affairs may by rule establish, prescribe, or modify administrative fees charged by boards in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). For purposes of this section, "administrative fees" are charges assessed to licensees, registrants or holders of certificates, as the case may be, for board functions that are not unique to a particular board but are uniform throughout all boards. Administrative fees include, but are not limited to, fees for a duplicate or replacement license, certification or registration, late renewal fee, license reinstatement fee, and the fee for processing change of address. L.1999,c.403,s.4. 45:1-4. Salary of secretary The secretary of each of the boards mentioned in section 45:1-2 of this title, whether or not a member thereof, shall be entitled to receive such reasonable salary or compensation for his services as secretary as shall be fixed by such boards, which shall be paid by the boards from their receipts, unless Revised 2/21/13 Page 5

160 Uniform Enforcement Act an appropriation is made for the expenses of such boards, in which case the same shall be paid from such appropriation. 45:1-7 Issuance of certain licenses or certificates of registration. Notwithstanding any of the provisions of Title 45 of the Revised Statutes or of any other law to the contrary, all professional or occupational licenses or certificates of registration, except such licenses or certificates issued to real estate brokers or salesmen pursuant to chapter 15 of Title 45, which prior to the effective date of this act were issued for periods not exceeding one year and were annually renewable, shall, on and after the effective date of this act, be issued for periods of two years and be biennially renewable, except that licenses and business permits issued to electrical contractors and certificates of registration issued to qualified journeymen electricians pursuant to chapter 5A of Title 45 shall be issued for periods of three years and be triennially renewable; provided, however, the boards or commissions in charge of the issuance or renewal of such licenses or certificates may, in order to stagger the expiration dates thereof, provide that those first issued or renewed after the effective date of this act, shall expire and become void on a date fixed by the respective boards or commissions, not sooner than six months nor later than 29 months, after the date of issue. The fees for the respective licenses and certificates of registration issued pursuant to this act for periods of less or greater than one year shall be in amounts proportionately less or greater than the fees established by law. L.1972,c.108,s.1; amended 1991, c.6; 2001, c.21, s.1. 45: Applicability of act; renewals; reinstatements 5. a. Notwithstanding any other act or regulation to the contrary, the provisions of this section and sections 6 and 7 of P.L.1999, c.403 (C.45:1-7.2 and C.45:1-7.3) shall apply to every holder of a professional or occupational license or certificate of registration or certification issued or renewed by a board specified in section 2 of P.L.1978, c.73 (C.45:1-15), who seeks renewal of that license or certificate. b. Every holder of a professional or occupational license or certificate of registration or certification, issued or renewed by a board specified in section 2 of P.L.1978, c.73 (C.45:1-15), who seeks renewal shall submit a renewal application and pay a renewal fee prior to the date of expiration of the license or certificate of registration or certification. If the holder does not renew the license or certificate prior to its expiration date, the holder may renew it within 30 days of its expiration date by submitting a renewal application and paying a renewal fee and a late fee. Any professional or occupational license or certificate of registration or certification not renewed within 30 days of its expiration date shall be suspended without a hearing. c. Any individual who continues to practice with an expired license or certificate of registration or certification after 30 days following its expiration date shall be deemed to be engaged in unlicensed practice of the regulated profession or occupation, even if no notice of suspension has been provided to the individual. Revised 2/21/13 Page 6

161 Uniform Enforcement Act d. A professional or occupational license or certificate of registration or certification suspended pursuant to this section may be reinstated within five years following its date of expiration upon submission of a renewal application and payment of an additional reinstatement fee. An applicant seeking reinstatement of a license or certificate suspended pursuant to this section more than five years past its expiration date shall successfully complete the examination required for initial licensure, registration or certification and submit a renewal application and payment of an additional reinstatement fee. e. A board specified in section 2 of P.L.1978, c.73 (C.45:1-15) shall send a notice of renewal to each of its holders of a professional or occupational license or certificate of registration or certification, as applicable, at least 60 days prior to the expiration of the license or certificate. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew. L.1999,c.403,s.5. 45: Reinstatement of license, registration, certification 6. A board may reinstate the professional or occupational license or certificate of registration or certification of an applicant whose license or certificate has been suspended pursuant to section 5 of P.L.1999, c.403 (C.45:1-7.1), provided that the applicant otherwise qualifies for licensure, registration or certification and submits the following upon application for reinstatement: a. Payment of all past delinquent renewal fees; b. Payment of a reinstatement fee; c. An affidavit of employment listing each job held during the period of suspended license, registration or certification which includes the names, addresses, and telephone numbers of each employer; and d. If applicable, satisfactory proof that the applicant has maintained proficiency by completing the continuing education hours or credits required for the renewal of an active license or certificate of registration or certification. L.1999,c.403,s.6. 45:1-7.3 Active, inactive options on renewal applications. 7. a. Renewal applications for all professional or occupational licenses or certificates of registration or certification shall provide the applicant with the option of either active or inactive renewal. A renewal applicant electing to renew as inactive shall not engage in professional or occupational practice within the State. b. An applicant who selects the inactive renewal option shall remain on inactive status for the entire renewal period unless, upon application to the board, the board permits the inactive applicant to return to active status provided such applicant presents satisfactory proof that he has maintained proficiency by completing the continuing education hours or credits required for the Revised 2/21/13 Page 7

162 Uniform Enforcement Act renewal of an active license, registration or certification, if applicable. The continuing education hours or credits shall be completed by the applicant within three years prior to the date of application for the return to active status, unless otherwise provided by board rule. L.1999,c.403,s.7; amended 2003, c :1-8. Contractors; application of s. 45:1-9 The provisions of this act apply to the following classes of contractors: a. Tree experts, certified pursuant to P.L.1940, c. 100 (C. 13:1-28 et seq.); b. Home repair contractors, licensed pursuant to P.L.1960, c. 41 (C. 17:16C-62 et seq.); c. Electrical contractors, licensed pursuant to P.L.1962, c. 162 (C. 45:5A-1 et seq.); d. Master plumbers, licensed pursuant to P.L.1968, c. 362 (C. 45:14C-1 et seq.); e. Well drillers, licensed pursuant to P.L.1947, c. 377 (C. 58:4A-5 et seq.); and f. Any class of contractors who hereafter are licensed by the State. L.1973, c. 254, s. 1, eff. Nov. 26, :1-9 Indication of license, certificate number. 2. Any contractor licensed by the State shall indicate his license or certificate number on all contracts, subcontracts, bids, construction permits, and all forms of advertising as a contractor. L.1973, c.254, s.2; amended 2012, c.71, s :1-10 Agreement by practitioner for payments to laboratory for tests without disclosure to patient, third party payor; prohibited. 1. It shall be unlawful for any person licensed in the State of New Jersey to practice medicine or surgery, dentistry, osteopathy, podiatric medicine or chiropractic to agree with any clinical, bioanalytical or hospital laboratory, wheresoever located, to make payments to such laboratory for individual tests, combination of tests, or test series for patients unless such person discloses on the bills to patients and third party payors the name and address of such laboratory and the net amount or amounts paid or to be paid to such laboratory for individual tests, combination of tests or test series. L.1973,c.322,s.1; amended 1977, c.323; 2005, c.259, s : Responsibility of health care professionals for filing claims. 13. Effective 12 months after the adoption of regulations establishing standard health care enrollment and claim forms by the Commissioner of Banking and Insurance pursuant to section 1 of P.L.1999, c.154 (C.17B:30-23), a health care professional licensed pursuant to Title 45 of the Revised Revised 2/21/13 Page 8

163 Uniform Enforcement Act Statutes is responsible for filing all claims for third party payment, including claims filed on behalf of the licensed professional's patient for any health care service provided by the licensed professional that is eligible for third party payment, except that at the patient's option, the patient may file the claim for third party payment. a. In the case of a claim filed on behalf of the professional's patient, the professional shall file the claim within 60 days of the last date of service for a course of treatment, on the standard claim form adopted by the Commissioner of Banking and Insurance pursuant to section 1 of P.L.1999, c.154 (C.17B:30-23). b. In the case of a claim in which the patient has assigned his benefits to the professional, the professional shall file the claim within 180 days of the last date of service for a course of treatment, on the standard claim form adopted by the Commissioner of Banking and Insurance pursuant to section 1 of P.L.1999, c.154 (C.17B:30-23). If the professional does not file the claim within 180 days of the last date of service for a course of treatment, the third party payer shall reserve the right to deny payment of the claim, in accordance with regulations established by the Commissioner of Banking and Insurance, and the professional shall be prohibited from seeking any payment directly from the patient. (1) In establishing the standards for denial of payment, the Commissioner of Banking and Insurance shall consider the good faith use of information provided by the patient to the professional with respect to the identity of the patient's third party payer, delays in filing a claim related to coordination of benefits between third party payers and any other factors the commissioner deems appropriate, and, accordingly, shall define specific instances where the sanctions permitted pursuant to this subsection shall not apply. (2) A professional who fails to file a claim within 180 days and whose claim for payment has been denied by the third party payer in accordance with this subsection may, in the discretion of a judge of the Superior Court, be permitted to refile the claim if the third party payer has not been substantially prejudiced thereby. Application to the court for permission to refile a claim shall be made within 14 days of notification of denial of payment and shall be made upon motion based upon affidavits showing sufficient reasons for the failure to file the claim with the third party payer within 180 days. c. The provisions of this section shall not apply to any claims filed pursuant to P.L.1972, c.70 (C.39:6A-1 et seq.). d. A health care professional who violates the provisions of subsection a. of this section may be subject to a civil penalty of $250 for each violation plus $50 for each day after the 60th day that the provider fails to submit a claim. The penalty shall be sued for and collected by the Division of Consumer Affairs in the Department of Law and Public Safety pursuant to "the penalty enforcement law," N.J.S.2A:58-1 et seq. L.1999,c.154,s :1-11. Violations; penalty Any person violating this act shall be guilty of a misdemeanor. Revised 2/21/13 Page 9

164 Uniform Enforcement Act L.1973, c. 322, s. 2, eff. Dec. 18, :1-12 Extra fee for completion of medical claim form, certain practitioners, penalty. 1. No podiatrist, optometrist or psychologist and no professional service corporation engaging in the practice of podiatric medicine, optometry or psychology in this State shall charge a patient an extra fee for services rendered in completing a medical claim form in connection with a health insurance policy. Any person violating this act shall be subject to a fine of $ for each offense. Such penalty shall be collected and enforced by summary proceedings pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and municipal court shall have jurisdiction within its territory of such proceedings. Process shall be either in the nature of a summons or warrant and shall issue in the name of the State, upon the complaint of the State Board of Medical Examiners with respect to podiatrists, the New Jersey State Board of Optometry for optometrists or the State Board of Psychological Examiners for psychologists. L.1975,c.300,s.1; amended 1991, c.91, s.447; 2005, c.259, s.37. UNIFORM ENFORCEMENT ACT 45:1-14. Legislative findings and declarations; liberal construction of act The Legislature finds and declares that effective implementation of consumer protection laws and the administration of laws pertaining to the professional and occupational boards located within the Division of Consumer Affairs require uniform investigative and enforcement powers and procedures and uniform standards for license revocation, suspension and other disciplinary proceedings by such boards. This act is deemed remedial, and the provisions hereof should be afforded a liberal construction. L.1978, c. 73, s. 1, eff. July 13, :1-15 Application of act. 2. The provisions of this act shall apply to the following boards and all professions or occupations regulated by, through or with the advice of those boards: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Court Reporting, the State Board of Veterinary Medical Examiners, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of Social Work Examiners, the State Board of Examiners of Heating, Revised 2/21/13 Page 10

165 Uniform Enforcement Act Ventilating, Air Conditioning and Refrigeration Contractors, the Elevator, Escalator, and Moving Walkway Mechanics Licensing Board, the State Board of Physical Therapy Examiners, the State Board of Polysomnography, the Professional Counselor Examiners Committee, the New Jersey Cemetery Board, the Orthotics and Prosthetics Board of Examiners, the Occupational Therapy Advisory Council, the Electrologists Advisory Committee, the Acupuncture Advisory Committee, the Alcohol and Drug Counselor Committee, the Athletic Training Advisory Committee, the Certified Psychoanalysts Advisory Committee, the Fire Alarm, Burglar Alarm, and Locksmith Advisory Committee, the Home Inspection Advisory Committee, the Interior Design Examination and Evaluation Committee, the Hearing Aid Dispensers Examining Committee, the Landscape Architect Examination and Evaluation Committee, the Perfusionists Advisory Committee, the Physician Assistant Advisory Committee, the Audiology and Speech-Language Pathology Advisory Committee, the New Jersey Board of Massage and Bodywork Therapy, the Genetic Counseling Advisory Committee and any other entity hereafter created under Title 45 to license or otherwise regulate a profession or occupation. L.1978, c.73, s.2; amended 1983, c.7, s.21; 1984, c.205, s.43; 1989, c.153, s.24; 1991, c.31, s.18; 1991, c.68, s.30; 1991, c.134, s.14; 1995, c.366, s.23; 1999, c.403, s.1; 2003, c.18, s.20; 2005, c.244, s.16; 2005, c.308, s.11; 2007, c.211, s.31; 2007, c.337, s.12; 2009, c.41, s.13; 2012, c.71, s : Rules, regulations 8. Consistent with their enabling acts, P.L.1978, c.73 (C.45:1-14 et seq.) and the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the boards and others set forth in section 2 of P.L.1978, c.73 (C.45:1-15) are authorized to adopt rules and regulations to serve the public health, safety and welfare. L.1999,c.403,s.8. 45: Professional, occupational licenses, registrations, expiration date for individuals with certain types of military service; delayed. 1. Any license issued by a professional or occupational board designated in section 2 of P.L.1978, c.73 (C.45:1-15), and any registration issued under the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et al.), shall not expire while the licensee or registrant is an active member of the Armed Forces of the United States and shall be extended for up to 120 days after his or her return from active service. Any late renewal fees, reinstatement fees and other reinstatement requirements shall be waived by the applicable professional or occupational board or the Division of Consumer Affairs upon application by the licensee or registrant within 120 days after he or she returns from active service. If the license or registration is renewed during the 120-day period after his or her return from active service, and the licensee or registrant submits documentation verifying his or her active military service, the licensee or registrant shall only be responsible for normal fees and activities relating to renewal of the license or registration and shall not be charged any additional costs, such as, but not limited to, late fees or delinquency fees. As used in this section, "active member" means an individual or member of an organized unit ordered into active service in the Armed Forces of the United States by reason of membership in a reserve component of the Armed Forces of the United States or any branch of the Armed Forces of the United States. Revised 2/21/13 Page 11

166 Uniform Enforcement Act L.2008, c.62, s.1. 45:1-16. Definitions As used within this act the following words or terms shall have the indicated definition unless the context clearly indicates otherwise. "Board" means any professional or occupational licensing board designated in section 2 of this act. "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety. "Person" means any natural person or his legal representative, partnership, corporation, company, trust, business entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestuis que trust thereof. L.1978, c. 73, s. 3, eff. July 13, :1-17. Powers of Attorney General to implement act and administer law enforcement activities of boards In implementing the provisions of this act and administering the law enforcement activities of those professional and occupational boards located within the Division of Consumer Affairs, the Attorney General may: a. After advice to the board or boards in question of his intent to proceed under this section, and the specific action he intends to take, and the failure of such board or boards to take steps in accordance with the advice of the Attorney General within 30 days of receipt of such advice, promulgate rules and regulations consistent with the provisions of this act and the Administrative Procedure Act, P.L.1968, c. 410 (C. 52:14B-1 et seq.) governing the procedure for administrative hearings before all boards within the Division of Consumer Affairs. Such rules and regulations shall govern administrative complaints, answers thereto, issuance of subpenas, appointment of hearing examiners, adjournments, submission of proposed findings of fact and conclusions of law, the filing of briefs, and such other procedural aspects of administrative hearings before the boards as the Attorney General may deem necessary; provided, however, nothing herein authorized shall be construed to require the Attorney General to promulgate rules regarding prehearing investigative procedures. b. After advice to the board or boards in question of his intent to proceed under this section, and the specific action he intends to take, and the failure of such board or boards to take steps in accordance with the advice of the Attorney General within 30 days of receipt of such advice, promulgate substantive rules and regulations consistent with the provisions of any statute governing the activities of any licensing agency, board or committee located within the Division of Consumer Affairs, which shall be limited to disciplinary matters and arbitrary restrictions on initial licensure. In addition to promulgating such rules and regulations, the Attorney General may direct that any proposed or existing regulation be amended, abandoned or repealed. Prior to the final adoption of any regulation affecting the activities of any professional or occupational licensing agency, board or committee located within the division and prior to the issuance of any directive to Revised 2/21/13 Page 12

167 Uniform Enforcement Act amend, abandon or repeal any regulation, the Attorney General or his designee shall first consult with the agency, board or committee whose activities are affected regarding the proposed action. c. After a full consideration of all relevant facts and the applicable law, may direct the initiation of any appropriate enforcement action by a professional or occupational licensing board or set aside, modify or amend, as may be necessary, any action or decision of a licensing agency, board or committee located within the Division of Consumer Affairs; provided, however, no such action shall be directed by the Attorney General in reviewing the action or decision of an agency, board or committee unless such action or decision is contrary to applicable law. L.1978, c. 73, s. 4, eff. July 13, :1-18 Investigative powers of board, director, or attorney general. 5. Whenever it shall appear to any board, the director or the Attorney General that a person has engaged in, or is engaging in any act or practice declared unlawful by a statute or regulation administered by such board, or when the board, the director or the Attorney General shall deem it to be in the public interest to inquire whether any such violation may exist, the board or the director through the Attorney General, or the Attorney General acting independently, may exercise any of the following investigative powers: a. Require any person to file on such form as may be prescribed, a statement or report in writing under oath, or otherwise, as to the facts and circumstances concerning the rendition of any service or conduct of any sale incidental to the discharge of any act or practice subject to an act or regulation administered by the board; b. Examine under oath any person in connection with any act or practice subject to an act or regulation administered by the board; c. Inspect any premises from which a practice or activity subject to an act or regulation administered by the board is conducted; d. Examine any goods, ware or item used in the rendition of a practice or activity subject to an act or regulation administered by the board; e. Examine any record, book, document, account or paper prepared or maintained by or for any professional or occupational licensee in the regular course of practicing such profession or engaging in such occupation or any individual engaging in practices subject to an act or regulation administered by the board. Nothing in this subsection shall require the notification or consent of the person to whom the record, book, account or paper pertains, unless otherwise required by law; f. For the purpose of preserving evidence of an unlawful act or practice, pursuant to an order of the Superior Court, impound any record, book, document, account, paper, goods, ware, or item used, prepared or maintained by or for any board licensee in the regular course of practicing such profession or engaging in such occupation or any individual engaging in a practice or activity subject to an act or regulation administered by the board. In such cases as may be necessary, the Superior Court may, on application of the Attorney General, issue an order sealing items or material subject to this subsection; Revised 2/21/13 Page 13

168 Uniform Enforcement Act g. Require any board licensee, permit holder or registered or certified person to submit to an assessment of skills to determine whether the board licensee, permit holder or registered or certified person can continue to practice with reasonable skill and safety; and h. Whenever a board, the director through the Attorney General, or the Attorney General investigates a consumer complaint, the board, director or the Attorney General, as applicable, shall render a final disposition of the inquiry within 120 days of the filing of the complaint; except that the 120-day period shall be tolled, based upon the documented approval of the Attorney General or the Attorney General's designee, whenever additional time is required: to obtain information, records or evidence sought pursuant to this section that is necessary for the investigation or disposition of the consumer complaint; for the board, director or the Attorney General, as the case may be, to consider additional information furnished more than 30 days after the filing of the complaint; to conduct an administrative hearing in a contested case; for expert consultation related to the subject matter under investigation; because a complaint is, or becomes, the subject of a criminal investigation or prosecution; or for other good cause shown due to extraordinary or unforeseen circumstances. The number of consumer complaints for which tolling of the 120-day period is approved shall be reported to the Attorney General on a monthly basis, and this information shall be provided to the Legislature on a semi-annual basis. Nothing in this subsection shall be construed as affecting the jurisdiction of a board, the director through the Attorney General or the Attorney General. In order to accomplish the objectives of this act or any act or regulation administered by a board, the Attorney General may hold such investigative hearings as may be necessary and the board, director or Attorney General may issue subpoenas to compel the attendance of any person or the production of books, records or papers at any such hearing or inquiry. L.1978, c.73, s.5; amended 2001, c.307, s.1; 2010, c.17, s.1. 45: Findings, declarations relative to unauthorized practice of certain occupations, professions. 1. The Legislature finds and declares that: a. The regulation of certain professions or occupations through the Director of the Division of Consumer Affairs or the boards or committees within the Division of Consumer Affairs in the Department of Law and Public Safety is necessary to protect the health, safety and welfare of the residents of this State; b. The unauthorized practice of a regulated profession or occupation inures to the detriment of the public; c. The professional and occupational licensing boards and committees within the Division of Consumer Affairs in the Department of Law and Public Safety are unable to consistently and effectively prevent and sanction the unauthorized practice of regulated professions and occupations due, in part, to limitations in the investigative and enforcement powers currently afforded to the boards and commissions, and to the applicable procedures available to address these issues; and Revised 2/21/13 Page 14

169 Uniform Enforcement Act d. It is therefore necessary and appropriate to protect the health, safety and welfare of the residents of this State to provide the Director of the Division of Consumer Affairs and the boards and committees within the Division of Consumer Affairs with additional investigative and enforcement powers and enhanced procedures to more effectively deter individuals from engaging in the unauthorized practice of a regulated profession or occupation. L.2009, c.267, s.1. 45: Exercise of investigative power. 2. a. The Director of the Division of Consumer Affairs or any board or committee within the division may exercise its investigative power pursuant to section 5 of P.L.1978, c.73 (C.45:1-18) whenever there is reason to believe that there has been a violation of any applicable law or regulation by a person who: (1) is not licensed, certified, or otherwise permitted by law or regulation to practice a profession or occupation and who represents to the public by any means, that he is able to practice a profession or occupation regulated under Title 45 of the Revised Statutes; or (2) has engaged or is engaging in the unauthorized practice of a profession or occupation regulated under Title 45 of the Revised Statutes in violation of any law or regulation administered by the director or a board or committee within the Division of Consumer Affairs. b. Any person who, following notice and a hearing, has been found to have engaged in the conduct specified in paragraph (1) or (2) of subsection a. of this section shall: (1) immediately cease and desist from practicing that profession or occupation, as ordered by the director or a board or committee; and (2) be liable to a penalty of not more than $10,000 for the first offense, and not more than $20,000 for each subsequent offense, to be recovered by the director or the board or committee within the Division of Consumer Affairs. c. Any proceeding instituted pursuant to this section shall be in addition to any other proceeding authorized by section 10 of P.L.1978, c.73 (C.45:1-23), or by any other law. L.2009, c.267, s.2. 45: Regulations. 3. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of this act. L.2009, c.267, s.3. Revised 2/21/13 Page 15

170 Uniform Enforcement Act 45:1-19. Failure or refusal to file statement or report, refuse access to premises or failure to obey subpena; penalty If any person shall fail or refuse to file any statement or report or refuse access to premises from which a licensed profession or occupation is conducted in any lawfully conducted investigative matter or fail to obey a subpena issued pursuant to this act, the Attorney General may apply to the Superior Court and obtain an order: a. Adjudging such person in contempt of court; or b. Granting such other relief as may be required; or c. Suspending the license of any such person unless and until compliance with the subpena or investigative demand is effected. L.1978, c. 73, s. 6, eff. July 13, :1-20. Compelling testimony or production of book, paper or document; immunity from prosecution If any person shall refuse to testify or produce any book, paper, or other document in any proceeding under this act for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him, convict him of a crime, or subject him to a penalty or forfeiture, and shall, notwithstanding, be directed to testify or to produce such book, paper, or document by the Attorney General, he shall comply with such direction. A person who is entitled by law to, and does assert such privilege, and who complies with such direction of the Attorney General shall not thereafter be prosecuted or subjected to any penalty or forfeiture in any criminal proceeding which arises out of and relates to the subject matter of the proceeding. No person so testifying shall be exempt from prosecution or punishment for perjury or false swearing committed by him in giving such testimony or from any civil or administrative action arising from such testimony. L.1978, c. 73, s. 7, eff. July 13, :1-21 Refusal to license or renew, grounds. 8. A board may refuse to admit a person to an examination or may refuse to issue or may suspend or revoke any certificate, registration or license issued by the board upon proof that the applicant or holder of such certificate, registration or license: a. Has obtained a certificate, registration, license or authorization to sit for an examination, as the case may be, through fraud, deception, or misrepresentation; b. Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense; c. Has engaged in gross negligence, gross malpractice or gross incompetence which damaged or endangered the life, health, welfare, safety or property of any person; Revised 2/21/13 Page 16

171 Uniform Enforcement Act d. Has engaged in repeated acts of negligence, malpractice or incompetence; e. Has engaged in professional or occupational misconduct as may be determined by the board; f. Has been convicted of, or engaged in acts constituting, any crime or offense involving moral turpitude or relating adversely to the activity regulated by the board. For the purpose of this subsection a judgment of conviction or a plea of guilty, non vult, nolo contendere or any other such disposition of alleged criminal activity shall be deemed a conviction; g. Has had his authority to engage in the activity regulated by the board revoked or suspended by any other state, agency or authority for reasons consistent with this section; h. Has violated or failed to comply with the provisions of any act or regulation administered by the board; i. Is incapable, for medical or any other good cause, of discharging the functions of a licensee in a manner consistent with the public's health, safety and welfare; j. Has repeatedly failed to submit completed applications, or parts of, or documentation submitted in conjunction with, such applications, required to be filed with the Department of Environmental Protection; k. Has violated any provision of P.L.1983, c.320 (C.17:33A-1 et seq.) or any insurance fraud prevention law or act of another jurisdiction or has been adjudicated, in civil or administrative proceedings, of a violation of P.L.1983, c.320 (C.17:33A-1 et seq.) or has been subject to a final order, entered in civil or administrative proceedings, that imposed civil penalties under that act against the applicant or holder; l. Is presently engaged in drug or alcohol use that is likely to impair the ability to practice the profession or occupation with reasonable skill and safety. For purposes of this subsection, the term "presently" means at this time or any time within the previous 365 days; m. Has prescribed or dispensed controlled dangerous substances indiscriminately or without good cause, or where the applicant or holder knew or should have known that the substances were to be used for unauthorized consumption or distribution; n. Has permitted an unlicensed person or entity to perform an act for which a license or certificate of registration or certification is required by the board, or aided and abetted an unlicensed person or entity in performing such an act; o. Advertised fraudulently in any manner. The division is authorized, for purposes of facilitating determinations concerning licensure eligibility, to require the fingerprinting of each applicant in accordance with applicable State and federal laws, rules and regulations. Each applicant shall submit the applicant's name, address, and written consent to the director for a criminal history record background check to be performed. The division is authorized to receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation. Upon receipt of such notification, the division shall forward the information to the appropriate board which shall make a determination regarding the Revised 2/21/13 Page 17

172 Uniform Enforcement Act issuance of licensure. The applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check, unless otherwise provided for by an individual enabling act. The Division of State Police shall promptly notify the division in the event an applicant or licensee, who was the subject of a criminal history record background check pursuant to this section, is convicted of a crime or offense in this State after the date the background check was performed. For purposes of this act: "Completed application" means the submission of all of the information designated on the checklist, adopted pursuant to section 1 of P.L.1991, c.421 (C.13:1D-101), for the class or category of permit for which application is made. "Permit" has the same meaning as defined in section 1 of P.L.1991, c.421 (C.13:1D-101). L.1978,c.73,s.8; amended 1991, c.420, s.1; 1997, c.151, s.10; 1999, c.403, s.2; 2003, c.199, s : Information on DEP application compliance, seminar attendance 2. a. A board obtaining information from the Department of Environmental Protection pursuant to section 1 of P.L.1991, c.418 (C.13:1D-110) on the compliance of a member of a regulated profession with the requirements for completed applications of the department, shall annually develop a detailed written summary of the information gathered by the department pursuant to P.L.1991, c.418 (C.13:1D-110) regarding compliance with the department's requirements for completed applications and attendance records for continuing education seminars required to be filed with the department pursuant to section 2 of P.L.1991, c.419 (C.13:1D-117). b. Any reasonable costs incurred in preparation of the report required pursuant to this section may be included in the charges authorized pursuant to P.L.1974, c.46 (C.45:1-3.2). c. Information required to be compiled by a board pursuant to this section, shall be deemed to be public records subject to the requirements of P.L.1963, c.73 (C.47:1A-1 et seq.). L.1991,c.420,s.2. 45: Suspension of certain licenses, registrations, certifications for failure to repay student loans. 1. The director or a board shall suspend, as appropriate, after a hearing, the license, registration or certification of any person who has been certified by a lender or guarantor and reported to the director or the board, as the case may be, for nonpayment or default of a State or federal direct or guaranteed educational loan. The license, registration or certification shall not be reissued until the person provides the director or board with a written release issued by the lender or guarantor stating that the person has cured the default or is making payments on the loan in accordance with a repayment agreement approved by the lender or guarantor. If the person has continued to meet all other requirements for licensure, registration or certification during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director or the board may impose. L.1999,c.54,s.1. Revised 2/21/13 Page 18

173 Uniform Enforcement Act 45: Violation of the responsibility to make 911 call, forfeiture of license, authorization to practice. 6. A health care professional licensed or otherwise authorized to practice as a health care professional pursuant to Title 45 of the Revised Statutes who violates the provisions of section 3 of P.L.2003, c.191 (C.30:6D-5.3) shall, in addition to being liable to a civil penalty pursuant to section 4 of P.L.2003, c.191 (C.30:6D-5.4), be subject to revocation of that individual's professional license or other authorization to practice as a health care professional by the appropriate licensing board in the Division of Consumer Affairs in the Department of Law and Public Safety, after appropriate notice and opportunity for a hearing. L.2003,c.191,s.6. 45: Certain information relative to address of certain applicants, licensees; nondisclosure. 1. Notwithstanding any other law, rule or regulation to the contrary, the director or a board shall not disclose to the public information indicating the place of residence of any applicant for or holder of a license, registration or certification without the consent of the applicant or holder, except for such disclosure to a federal or State regulatory authority or a law enforcement or judicial authority. L.2007, c.307, s.1. 45:1-22 Additional, alternative penalties. 9. In addition or as an alternative, as the case may be, to revoking, suspending or refusing to renew any license, registration or certificate issued by it, a board may, after affording an opportunity to be heard: a. Issue a letter of warning, reprimand, or censure with regard to any act, conduct or practice which in the judgment of the board upon consideration of all relevant facts and circumstances does not warrant the initiation of formal action; b. Assess civil penalties in accordance with this act; c. Order that any person violating any provision of an act or regulation administered by such board to cease and desist from future violations thereof or to take such affirmative corrective action as may be necessary with regard to any act or practice found unlawful by the board; d. Order any person found to have violated any provision of an act or regulation administered by such board to restore to any person aggrieved by an unlawful act or practice, any moneys or property, real or personal, acquired by means of such act or practice; provided, however, no board shall order restoration in a dollar amount greater than those moneys received by a licensee or his agent or any other person violating the act or regulation administered by the board; Revised 2/21/13 Page 19

174 Uniform Enforcement Act e. Order any person, as a condition for continued, reinstated or renewed licensure, to secure medical or such other professional treatment as may be necessary to properly discharge licensee functions; f. Order any person, as a condition for continued, reinstated or renewed licensure, to submit to any medical or diagnostic testing and monitoring or psychological evaluation which may be required to evaluate whether continued practice may jeopardize the safety and welfare of the public; g. Order any person, as a condition for continued, reinstated or renewed licensure, to submit to an assessment of skills to determine whether the licensee can continue to practice with reasonable skill and safety, and to take and successfully complete educational training determined by the board to be necessary; h. Order any person, as a condition for continued, reinstated or renewed licensure, to submit to an assessment of skills to determine whether the licensee can continue to practice with reasonable skill and safety, and to submit to any supervision, monitoring or limitation on practice determined by the board to be necessary. A board may, upon a duly verified application of the Attorney General that either provides proof of a conviction of a court of competent jurisdiction for a crime or offense involving moral turpitude or relating adversely to the regulated profession or occupation, or alleges an act or practice violating any provision of an act or regulation administered by such board, enter a temporary order suspending or limiting any license issued by the board pending plenary hearing on an administrative complaint; provided, however, no such temporary order shall be entered unless the application made to the board palpably demonstrates a clear and imminent danger to the public health, safety and welfare and notice of such application is given to the licensee affected by such order. If, upon review of the Attorney General's application, the board determines that, although no palpable demonstration of a clear and imminent danger has been made, the licensee's continued unrestricted practice pending plenary hearing may pose a risk to the public health, safety and welfare, the board may order the licensee to submit to medical or diagnostic testing and monitoring, or psychological evaluation, or an assessment of skills to determine whether the licensee can continue to practice with reasonable skill and safety. In any administrative proceeding commenced on a complaint alleging a violation of an act or regulation administered by a board, such board may issue subpoenas to compel the attendance of witnesses or the production of books, records, or documents at the hearing on the complaint. L.1978,c.73,s.9; amended 1999, c.403, s.3; 2001, c.307, s.2. 45:1-23. Summary proceeding in Superior Court; injunction; orders necessary to prevent unlawful practice or remedy past unlawful activity Whenever it shall appear to a board, the director or the Attorney General that a violation of any act, including the unlicensed practice of the regulated profession or occupation, or regulation administered by such board has occurred, is occurring, or will occur, the Attorney General, in addition to any other proceeding authorized by law, may seek and obtain in a summary proceeding in the Superior Court an injunction prohibiting such act or practice. In any such proceeding the court may assess a civil penalty in accordance with the provisions of this act, order restoration to any person in interest of any moneys Revised 2/21/13 Page 20

175 Uniform Enforcement Act or property, real or personal, acquired by means of an unlawful act or practice and may enter such orders as may be necessary to prevent the performance of an unlawful practice in the future and to fully remedy any past unlawful activity. In any action brought pursuant to this section, the court shall not suspend or revoke any license issued by a board. L.1978, c. 73, s. 10, eff. July 13, :1-24. Failure to pay penalties; enforcement 11. Upon the failure of any person to comply within 10 days after service of any order of a board directing payment of penalties or restoration of moneys or property, the Attorney General or the secretary of such board may issue a certificate to the Clerk of the Superior Court that such person is indebted to the State for the payment of such penalty and the moneys or property ordered restored. A copy of such certificate shall be served upon the person against whom the order was entered. Thereupon the clerk shall immediately enter upon his record of docketed judgments the name of the person so indebted and of the State, a designation of the statute under which the penalty is imposed, the amount of the penalty imposed, and amount of moneys ordered restored, a listing of property ordered restored, and the date of the certification. Such entry shall have the same force and effect as the entry of a docketed judgment in the Superior Court, and the Attorney General shall have all rights and remedies of a judgment creditor in addition to exercising any other available remedies. Such entry, however, shall be without prejudice to the right of appeal to the Appellate Division of the Superior Court from the board's order. An action to enforce the provisions of any order entered by a board or to collect any penalty levied thereby may be brought in any municipal court or the Superior Court in summary manner pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) and the rules of court governing the collection of civil penalties. Process in such action shall be by summons or warrant, and in the event that the defendant fails to answer such action, the court shall issue a warrant for the defendant's arrest for the purpose of bringing such person before the court to satisfy any order entered. L.1978,c.73,s.11; amended 1991,c.91,s :1-25 Violations, penalties. 12. a. Any person who engages in any conduct in violation of any provision of an act or regulation administered by a board shall, in addition to any other sanctions provided herein, be liable to a civil penalty of not more than $10,000 for the first violation and not more than $20,000 for the second and each subsequent violation. For the purpose of construing this section, each act in violation of any provision of an act or regulation administered by a board shall constitute a separate violation and shall be deemed a second or subsequent violation under the following circumstances: (1) an administrative or court order has been entered in a prior, separate and independent proceeding; (2) the person is found within a single proceeding to have committed more than one violation of any provision of an act or regulation administered by a board; or Revised 2/21/13 Page 21

176 Uniform Enforcement Act (3) the person is found within a single proceeding to have committed separate violations of any provision of more than one act or regulation administered by a board. b. In lieu of an administrative proceeding or an action in the Superior Court, the Attorney General may bring an action in the name of any board for the collection or enforcement of civil penalties for the violation of any provision of an act or regulation administered by such board. Such action may be brought in summary manner pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) and the rules of court governing actions for the collection of civil penalties in the municipal court where the offense occurred. Process in such action may be by summons or warrant and in the event that the defendant in such action fails to answer such action, the court shall, upon finding an unlawful act or practice to have been committed by the defendant, issue a warrant for the defendant's arrest in order to bring such person before the court to satisfy the civil penalties imposed. In any action commenced pursuant to this section, the court may order restored to any person in interest any moneys or property acquired by means of an unlawful act or practice. c. Any action alleging the unlicensed practice of a profession or occupation shall be brought pursuant to this section or, where injunctive relief is sought, by an action commenced in the Superior Court. d. In any action brought pursuant to this act, a board or the court may order the payment of costs for the use of the State, including, but not limited to, costs of investigation, expert witness fees and costs, attorney fees and costs, and transcript costs. L.1978,c.73,s.12; amended 1991, c.91, s.449; 1999, c.403, s.9; 2001, c.307, s.3. 45:1-26. Repeal of inconsistent acts and parts of acts All acts and parts of acts inconsistent with this act are hereby superseded and repealed. L.1978, c. 73, s. 13, eff. July 13, :1-27. Severability If any provision of this law or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the law which can be given effect without the invalid provision or application, and to this end the provisions of this law are severable. L.1978, c. 73, s. 14, eff. July 13, Background Checks for Health Care Professionals 45:1-28 Definitions relative to criminal history background checks for health care professionals. 1. As used in this act: Revised 2/21/13 Page 22

177 Uniform Enforcement Act "Applicant" means an applicant for the licensure or other authorization to engage in a health care profession. "Board" means a professional and occupational licensing board within the Division of Consumer Affairs in the Department of Law and Public Safety. "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety. "Division" means the Division of Consumer Affairs in the Department of Law and Public Safety. "Health care professional" means a health care professional who is licensed or otherwise authorized, pursuant to Title 45 or Title 52 of the Revised Statutes, to practice a health care profession that is regulated by one of the following boards or by the Director of the Division of Consumer Affairs: the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Dentistry, the New Jersey State Board of Optometrists, the New Jersey State Board of Pharmacy, the State Board of Chiropractic Examiners, the Acupuncture Examining Board, the State Board of Physical Therapy, the State Board of Respiratory Care, the Orthotics and Prosthetics Board of Examiners, the State Board of Psychological Examiners, the State Board of Social Work Examiners, the State Board of Veterinary Medical Examiners, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Audiology and Speech-Language Pathology Advisory Committee, the State Board of Marriage and Family Therapy Examiners, the Occupational Therapy Advisory Council, the Certified Psychoanalysts Advisory Committee or the State Board of Polysomnography. Health care professional shall not include a nurse aide or personal care assistant who is required to undergo a criminal history record background check pursuant to section 2 of P.L.1997, c.100 (C.26:2H- 83) or a homemaker-home health aide who is required to undergo a criminal history record background check pursuant to section 7 of P.L.1997, c.100 (C.45: ). "Licensee" means an individual who has been issued a license or other authorization to practice a health care profession. L.2002,c.104,s.1; amended 2005, c.83, s.4; 2005,c.244,s :1-29 Criminal history record background check required for licensure of health care professional. 2. a. A professional and occupational licensing board within the Division of Consumer Affairs in the Department of Law and Public Safety or the director who regulates the practice of a health care professional, as applicable, shall not issue an initial license or other authorization to practice a health care profession that is regulated by that board or the director to any applicant therefor unless the board or director, as applicable, first determines, consistent with section 8 of P.L.1978, c.73 (C.45:1-21), that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or in the State Bureau of Identification in the Division of State Police, which may disqualify the applicant from being licensed or otherwise authorized to practice as a health care professional. b. A board or the director, as applicable, shall not renew or, if renewed, shall revoke a license or other authorization to practice a health care profession that is regulated by that board or the director of any applicant therefor unless the board or director determines, consistent with section 8 Revised 2/21/13 Page 23

178 Uniform Enforcement Act of P.L.1978, c.73 (C.45:1-21), that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or in the State Bureau of Identification in the Division of State Police, which may provide grounds for the refusal to renew the license or other authorization to practice as a health care professional. The director shall establish, by regulation, a schedule of dates by which the requirements of this subsection shall be implemented, so that all licensees will have been required to submit to a criminal history record background check beginning no later than four years after the effective date of P.L.2005, c.83 (C.45:1-33 et al.) The director may, in an emergent circumstance, temporarily waive the requirement to undergo a criminal history record background check as a condition of renewal of a license or other authorization to practice a health care profession. L.2002,c.104,s.2; amended 2005, c.83, s.5. 45:1-30 Submission of information by applicant or licensee. 3. a. An applicant or licensee who is required to undergo a criminal history record background check pursuant to section 2 of P.L.2002, c.104 (C.45:1-29) shall submit to the director that individual's name, address and fingerprints taken on standard fingerprint cards, or through any equivalent means, by a State or municipal law enforcement agency or by a private entity under contract with the State. The director is authorized to exchange fingerprint data with and receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police for use in making the determinations required pursuant to this act. b. Upon receipt of the criminal history record information for an applicant or licensee from the Federal Bureau of Investigation or the Division of State Police, the director shall immediately notify the board, as applicable. c. If an applicant refuses to consent to, or cooperate in, the securing of a criminal history record background check, the board or director, as applicable, shall not issue a license or other authorization to practice a health care profession to the applicant and shall notify the applicant of that denial. d. If a licensee refuses to consent to, or cooperate in, the securing of a criminal history record background check as required during the licensure or other authorization renewal process, the board or director, as applicable, shall refuse to renew the license or other authorization of the licensee, without a hearing, and shall notify the licensee of that denial. e. A licensee who: (1) has permitted a license or other authorization to lapse or whose license or other authorization has been suspended, revoked or otherwise has had licensure or other authorization privileges restricted, and (2) has not already submitted to a criminal history record background check, shall be required to submit fingerprints as part of the licensure or other authorization reinstatement process. If a reinstatement applicant refuses to consent to, or cooperate in, the securing of a criminal history Revised 2/21/13 Page 24

179 Uniform Enforcement Act record background check as required during the reinstatement process, the board or director, as applicable, shall automatically deny reinstatement of the license or other authorization, without a hearing, and shall notify the licensee of that denial. L.2002,c.104,s.3; amended 2005, c.83, s.6. 45:1-31 Applicant or licensee to assume cost. 4. An applicant or licensee shall be required to assume the cost of the criminal history record background check conducted pursuant to sections 1 through 3 of P.L.2002, c.104 (C.45:1-28 through 45:1-30) and section 14 of P.L.1997, c.100 (C.53:1-20.9a), in accordance with procedures determined by regulation of the director. L.2002,c.104,s.4; amended 2005, c.83, s.7. 45:1-32. Rules, regulations 6. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act. L.2002,c.104,s.6. Health Care Professional Responsibility and Reporting Enhancement Act 45:1-33 Short title. 1. This act shall be known and may be cited as the "Health Care Professional Responsibility and Reporting Enhancement Act." L.2005,c.83,s.1. 45:1-34 Definitions relative to healthcare professionals. 9. As used in sections 9 through 14 and 16 and 17 of P.L.2005, c.83 (C.45:1-34 through C.45:1-39 and C.26:2H-12.2d and C.45:1-40): "Board" means a professional and occupational licensing board within the Division of Consumer Affairs in the Department of Law and Public Safety which licenses or otherwise authorizes a health care professional to practice a health care profession. "Division" means the Division of Consumer Affairs in the Department of Law and Public Safety; "Health care entity" means a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), a health maintenance organization authorized to operate pursuant to P.L.1973, c.337 (C.26:2J-1 et seq.), a carrier which offers a managed care plan regulated pursuant to P.L.1997, c.192 (C.26:2S-1 et Revised 2/21/13 Page 25

180 Uniform Enforcement Act seq.), a State or county psychiatric hospital, a State developmental center, a staffing registry, and a home care services agency as defined in section 1 of P.L.1947, c.262 (C.45:11-23). "Health care professional" means a person licensed or otherwise authorized pursuant to Title 45 or Title 52 of the Revised Statutes to practice a health care profession that is regulated by the Director of the Division of Consumer Affairs or by one of the following boards: the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Dentistry, the New Jersey State Board of Optometrists, the New Jersey State Board of Pharmacy, the State Board of Chiropractic Examiners, the Acupuncture Examining Board, the State Board of Physical Therapy, the State Board of Respiratory Care, the Orthotics and Prosthetics Board of Examiners, the State Board of Psychological Examiners, the State Board of Social Work Examiners, the State Board of Veterinary Medical Examiners, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Audiology and Speech-Language Pathology Advisory Committee, the State Board of Marriage and Family Therapy Examiners, the Occupational Therapy Advisory Council and the Certified Psychoanalysts Advisory Committee. "Licensee" means an individual who has been issued a license or other authorization to practice a health care profession. "Review panel" means the Medical Practitioner Review Panel established pursuant to section 8 of P.L.1989, c.300 (C.45:9-19.8). L.2005,c.83,s.9. 45:1-35 Immunity from civil liability. 10. A health care entity, health care professional or any other person who provides to the division, a board or the review panel, in good faith and without malice, any information concerning an act by a health care professional which the person has reasonable cause to believe involves misconduct that may be subject to disciplinary action by the division, board or review panel, as applicable, or any information relating to such conduct requested by the division, board or review panel in the exercise of its statutory responsibilities or which may be required by statute, shall not be liable for civil damages in any cause of action arising out of the provision of such information or services. L.2005,c.83,s :1-36 Confidentiality of information. 11. Any information provided to the division or a board concerning the conduct of a health care professional, pursuant to section 2 of P.L.2005, c.83 (C.26:2H-12.2b), section 5 of P.L.1978, c.73 (C.45:1-18) or any other provision of law, shall be treated as confidential pending final disposition of the inquiry or investigation, except for that information required to be shared with the Attorney General, Department of Health and Senior Services or any other government agency. If the result of the inquiry or investigation is a finding of no basis for disciplinary action, the information shall remain confidential, except that the board or division, as applicable, may release the information to a government agency to facilitate the discharge of its public responsibilities. Revised 2/21/13 Page 26

181 Uniform Enforcement Act The provisions of this section shall not apply to information that the division, or its designated agent, is required to include in a physician's profile pursuant to P.L.2003, c.96 (C.45: et seq.). L.2005,c.83,s :1-37 Notification to division of impairment of health care professional. 12. a. A health care professional shall promptly notify the division if that health care professional is in possession of information which reasonably indicates that another health care professional has demonstrated an impairment, gross incompetence or unprofessional conduct which would present an imminent danger to an individual patient or to the public health, safety or welfare. A health care professional who fails to so notify the division is subject to disciplinary action and civil penalties pursuant to sections 8, 9 and 12 of P.L.1978, c.73 (C.45:1-21, 45:1-22 and 45:1-25). b. A health care professional shall be deemed to have satisfied the reporting requirement concerning another health care professional's impairment by promptly providing notice to the division, the board or a professional assistance or intervention program approved or designated by the division or a board to provide confidential oversight of the licensee. c. (1) There shall be no private right of action against a health care professional for failure to comply with the notification requirements of this section. (2) There shall be no private right of action against a health care entity if a health care professional who is employed by, under contract to render professional services to, or has privileges granted by, that health care entity, or who provides such services pursuant to an agreement with a health care services firm or staffing registry, fails to comply with the notification requirements of this section. d. A health care professional who provides notification to the division, board or review panel, in good faith and without malice, about a health care professional who is impaired or grossly incompetent or who has demonstrated unprofessional conduct, pursuant to this section, is not liable for civil damages to any person in any cause of action arising out of the notification. e. Notwithstanding the provisions of this section to the contrary, a health care professional is not required to provide notification pursuant to this section about an impaired or incompetent health care professional if the health care professional's knowledge of the other health care professional's impairment or incompetence was obtained as a result of rendering treatment to that health care professional. L.2005,c.83,s :1-38 Notification to board relative to impairment, misconduct of health care professional. 13. a. Upon receipt of notice from a health care entity, or any employee thereof, pursuant to section 2 of P.L.2005,c.83 (C.26:2H-12.2b), notice from a health care professional pursuant to section 12 of P.L.2005, c.83 (C.45:1-37) or information concerning the conduct of a health care professional pursuant to section 10 of P.L.2005, c.83 (C.45:1-35), the division shall promptly notify the board that issued the license or other authorization to practice to the person to whom the notice relates. Revised 2/21/13 Page 27

182 Uniform Enforcement Act The division or board, as applicable, shall initiate an investigation concerning the information received and obtain any additional information that may be necessary in order to determine if disciplinary charges should be pursued or if an application to temporarily suspend or otherwise limit the health care professional's license or other authorization to practice should be initiated. b. The division or the board may seek the assistance of a consultant or other knowledgeable person in evaluating the information and may request the board or the Attorney General to exercise investigative powers pursuant to section 5 of P.L.1978, c.73 (C.45:1-18) in the conduct of its investigation. c. If the Attorney General files charges based on information derived from the notice from a health care entity or if the board revokes or permanently or temporarily suspends or otherwise limits the license or other authorization to practice of a health care professional, the board shall notify each health care entity with which the health care professional is affiliated. L.2005,c.83,s :1-39 Fraud, misrepresentation, deception; disciplinary proceedings. 14. Any health care professional seeking to become employed by, enter into a contract to render professional services to, or obtain privileges at, a health care entity, or provide professional services pursuant to an agreement with a health care services firm or staffing registry, who engages in fraud, misrepresentation or deception in the application or credentialing process shall be subject to disciplinary proceedings, pursuant to section 8 of P.L.1978, c.73 (C.45:1-21). L.2005,c.83,s :1-40 Health Care Professional Information Clearinghouse Coordinator. 17. a. The Division of Consumer Affairs in the Department of Law and Public Safety shall employ a full-time Health Care Professional Information Clearinghouse Coordinator to assist the Director of the Division of Consumer Affairs in compiling and disseminating to the appropriate licensing board or other applicable entity the information reported to the division by health care entities and professionals pursuant to this act and such other information as specified by the director. b. The director shall provide that the professional and occupational licensing boards which license or otherwise authorize a health care professional to practice a health care profession with professional and administrative staff as may be needed to carry out the purposes of this act. L.2005,c.83,s :1-41 Rules, regulations. 19. a. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this act. Revised 2/21/13 Page 28

183 Uniform Enforcement Act b. The Commissioner of Health and Senior Services shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this act. L.2005,c.83,s :1-42 Definitions relative to establishment of alternate testing dates for certain license applicants. 1. As used in this act: "Applicant" means an individual to whom a licensing examination is administered. "Affected applicant" means an applicant for whom a day of religious observance falls on the day or portion thereof that a licensing examination is administered. "Day of religious observance" means any day or portion thereof on which a religious observance imposes a substantial burden on any applicant's ability to participate in a licensing examination, or any particular day or days or any portion thereof which any individual observes as a Sabbath or other holy day or days in accordance with the requirements of his religion. "Licensing examination" means any test or examination that is given and used to determine whether an applicant is qualified for licensure, registration or certification by a professional or occupational board or the director, pursuant to Title 45 of the Revised Statutes. L.2007,c.215,s.1. 45:1-43 Offering of alternate testing dates for examination. 2. When any licensing examination is administered on a day of religious observance, a special administration of that licensing examination or an equivalent examination shall be offered to any affected applicant as soon after or before as is possible, at a comparable time, place and cost, provided that in no circumstances shall the special administration be more than 30 days before or after the regular test administration. L.2007,c.215,s.2. Prescription Monitoring Program 45:1-44 Definitions. 24. Definitions. As used in sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50): "Controlled dangerous substance" means any substance that is listed in Schedules II, III and IV of the schedules provided under the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et seq.). Controlled dangerous substance also means any substance that is listed in Schedule V under the "New Jersey Controlled Dangerous Substances Act" when the director has determined that reporting Schedule V substances is required by federal law, regulation or funding eligibility. Revised 2/21/13 Page 29

184 Uniform Enforcement Act "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety. "Division" means the Division of Consumer Affairs in the Department of Law and Public Safety. "Practitioner" means an individual currently licensed, registered or otherwise authorized by this State or another state to prescribe drugs in the course of professional practice. "Ultimate user" means a person who has obtained from a dispenser and possesses for his own use, or for the use of a member of his household or an animal owned by him or by a member of his household, a controlled dangerous substance. L.2007, c.244, s :1-45 Prescription monitoring program; requirements. 25. Prescription Monitoring Program; requirements. a. There is established the Prescription Monitoring Program in the Division of Consumer Affairs in the Department of Law and Public Safety. The program shall consist of an electronic system for monitoring controlled dangerous substances that are dispensed in or into the State by a pharmacist in an outpatient setting. b. Each pharmacy permit holder shall submit, or cause to be submitted, to the division, by electronic means in a format and at such intervals as are specified by the director, information about each prescription for a controlled dangerous substance dispensed by the pharmacy that includes: (1) The surname, first name, and date of birth of the patient for whom the medication is intended; (2) The street address and telephone number of the patient; (3) The date that the medication is dispensed; (4) The number or designation identifying the prescription and the National Drug Code of the drug dispensed; (5) The pharmacy permit number of the dispensing pharmacy; (6) The prescribing practitioner's name and Drug Enforcement Administration registration number; (7) The name, strength and quantity of the drug dispensed, the number of refills ordered, and whether the drug was dispensed as a refill or a new prescription; (8) The date that the prescription was issued by the practitioner; (9) The source of payment for the drug dispensed; and Revised 2/21/13 Page 30

185 Uniform Enforcement Act (10) Such other information, not inconsistent with federal law, regulation or funding eligibility requirements, as the director determines necessary. The pharmacy permit holder shall submit the information to the division with respect to the prescriptions dispensed during the reporting period not less frequently than every 30 days, or according to a schedule to be determined by the director if federal law, regulation or funding eligibility otherwise requires. c. The division may grant a waiver of electronic submission to any pharmacy permit holder for good cause, including financial hardship, as determined by the director. The waiver shall state the format in which the pharmacy permit holder shall submit the required information. d. The requirements of this act shall not apply to: the direct administration of a controlled dangerous substance to the body of an ultimate user; or the administration or dispensing of a controlled dangerous substance that is otherwise exempted as determined by the Secretary of Health and Human Services pursuant to the "National All Schedules Prescription Electronic Reporting Act of 2005," Pub.L L.2007, c.244, s : Information required for monitoring; rules, regulations. 11. a. A physician who provides a certification or written instruction for the medical use of marijuana to a qualifying patient pursuant to P.L.2009, c.307 (C.24:6I-1 et al.) and any alternative treatment center shall furnish to the Director of the Division of Consumer Affairs in the Department of Law and Public Safety such information, in such a format and at such intervals, as the director shall prescribe by regulation, for inclusion in a system established to monitor the dispensation of marijuana in this State for medical use as authorized by the provisions of P.L.2009, c.307 (C.24:6I-1 et al.), which system shall serve the same purpose as, and be cross-referenced with, the electronic system for monitoring controlled dangerous substances established pursuant to section 25 of P.L.2007, c.244 (C.45:1-45). b. The Director of the Division of Consumer Affairs, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and in consultation with the Commissioner of Health and Senior Services, shall adopt rules and regulations to effectuate the purposes of subsection a. of this section. c. Notwithstanding any provision of P.L.1968, c.410 to the contrary, the Director of the Division of Consumer Affairs shall adopt, immediately upon filing with the Office of Administrative Law and no later than the 90th day after the effective date of P.L.2009, c.307 (C.24:6I-1 et al.), such regulations as the director deems necessary to implement the provisions of subsection a. of this section. Regulations adopted pursuant to this subsection shall be effective until the adoption of rules and regulations pursuant to subsection b. of this section and may be amended, adopted, or readopted by the director in accordance with the requirements of P.L.1968, c.410. L.2009, c.307, s.11. Revised 2/21/13 Page 31

186 Uniform Enforcement Act 45:1-46 Access to prescription information. 26. Access to prescription information. a. The division shall maintain procedures to ensure privacy and confidentiality of patients and that patient information collected, recorded, transmitted and maintained is not disclosed, except as permitted in this section, including, but not limited to, the use of a password-protected system for maintaining this information and permitting access thereto as authorized under sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50), and a requirement that a person as listed in subsection d. of this section provide on-line affirmation of the person's intent to comply with the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) as a condition of accessing the information. b. The prescription monitoring information submitted to the division shall be confidential and not be subject to public disclosure under P.L.1963, c.73 (C.47:1A-1 et seq.), or P.L.2001, c.404 (C.47:1A-5 et al.). c. The division shall review the prescription monitoring information provided by a pharmacy permit holder pursuant to sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50). If the division determines that a violation of law or regulations, or a breach of the applicable standards of practice, may have occurred, the division shall notify the appropriate law enforcement agency or professional licensing board, and provide the prescription monitoring information required for an investigation. d. The division may provide prescription monitoring information to the following persons: (1) a practitioner authorized to prescribe, dispense or administer controlled dangerous substances who certifies that the request is for the purpose of providing health care to a current patient of the practitioner. Nothing in sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) shall be construed to require or obligate a practitioner to access or check the prescription monitoring information prior to prescribing, dispensing or administering medications beyond that which may be required as part of the practitioner's professional practice; (2) a pharmacist authorized to dispense controlled dangerous substances who certifies that the request is for the purpose of providing health care to a current patient. Nothing in sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) shall be construed to require or obligate a pharmacist to access or check the prescription monitoring information prior to dispensing medications beyond that which may be required as part of the pharmacist's professional practice; (3) a designated representative of the State Board of Medical Examiners, New Jersey State Board of Dentistry, New Jersey Board of Nursing, New Jersey State Board of Optometrists, New Jersey State Board of Pharmacy, State Board of Veterinary Medical Examiners, or any other board in this State or another state that regulates the practice of persons who are authorized to prescribe or dispense controlled dangerous substances, as applicable, who certifies that he is engaged in a bona fide specific investigation of a designated practitioner whose professional practice was or is regulated by that board; Revised 2/21/13 Page 32

187 Uniform Enforcement Act (4) a State, federal or municipal law enforcement officer who is acting pursuant to a court order and certifies that the officer is engaged in a bona fide specific investigation of a designated practitioner or patient; (5) a designated representative of a state Medicaid or other program who certifies that he is engaged in a bona fide investigation of a designated practitioner or patient; (6) a properly convened grand jury pursuant to a subpoena properly issued for the records; (7) authorized personnel of the division or vendor or contractor responsible for establishing and maintaining the program; and (8) the controlled dangerous substance monitoring program in another state with which the division has established an interoperability agreement. e. A person listed in subsection d. of this section, as a condition of obtaining prescription monitoring information pursuant thereto, shall certify, by means of entering an on-line statement in a form and manner prescribed by regulation of the director, the reasons for seeking to obtain that information. f. The division shall offer an on-line tutorial for those persons listed in subsection d. of this section, which shall, at a minimum, include: how to access prescription monitoring information; the rights and responsibilities of persons who are the subject of or access this information and the other provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) and the regulations adopted pursuant thereto, regarding the permitted uses of that information and penalties for violations thereof; and a summary of the requirements of the federal health privacy rule set forth at 45 CFR Parts 160 and 164 and a hypertext link to the federal Department of Health and Human Services website for further information about the specific provisions of the privacy rule. g. The director may provide nonidentifying prescription drug monitoring information to public or private entities for statistical, research or educational purposes. L.2007, c.244, s :1-47 Prescription monitoring program; provisions for expansion. 27. Prescription Monitoring Program; provisions for expansion. a. Notwithstanding the provisions of section 25 of P.L.2007, c.244 (C.45:1-45) to the contrary, the director may adopt a regulation to expand the program to include information about each prescription dispensed for a prescription drug that is not a controlled dangerous substance. In determining whether a prescription drug other than a controlled dangerous substance should be monitored, the director shall consider: the actual or relative potential for abuse; scientific evidence of its pharmacological effect, if known; the state of current scientific knowledge regarding the drug; its history and current pattern of abuse; the scope, duration and significance of abuse; what, if any, risk to the public health; and its psychic or physiological dependence liability. The regulation shall provide that the prescription drug shall be monitored for a period of time. At the conclusion of the monitoring period, the director shall publish and make public the decision of whether inclusion of the prescription drug in the program shall be permanent. Revised 2/21/13 Page 33

188 Uniform Enforcement Act b. At the time the notice to expand the program pursuant to subsection a. is published in the New Jersey Register, the director shall provide a copy of the notice of proposed rule making to the chairpersons of the standing legislative reference committees on health of the Senate and General Assembly. L.2007, c.244, s :1-48 Immunity from liability. 28. Immunity from liability. a. The division shall be immune from civil liability arising from inaccuracy of any of the information submitted to it pursuant to sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50). b. A pharmacy permit holder, pharmacist or practitioner shall be immune from civil liability arising from compliance with sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50). L.2007, c.244, s :1-49 Penalties. 29. Penalties. a. A pharmacy permit holder, or a person designated by a pharmacy permit holder to be responsible for submitting data required by section 25 of P.L.2007, c.244 (C.45:1-45), who knowingly fails to submit data as required, shall be subject to disciplinary action pursuant to section 8 of P.L.1978, c.73 (C.45:1-21) and may be subject to a civil penalty in an amount not to exceed $1,000 for repeated failure to comply with sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50). b. (1) A pharmacy permit holder, pharmacist or practitioner, or any other person or entity who knowingly discloses or uses prescription monitoring information in violation of the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50) shall be subject to a civil penalty in an amount not to exceed $10,000. (2) A pharmacy permit holder, pharmacist, or practitioner who knowingly discloses or uses prescription monitoring information in violation of the provisions of sections 25 through 30 of P.L.2007, c.244 (C.45:1-45 through C.45:1-50), shall also be subject to disciplinary action pursuant to section 8 of P.L.1978, c.73 (C.45:1-21). c. A penalty imposed under this section shall be collected by the director pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). L.2007, c.244, s.29. Revised 2/21/13 Page 34

189 Uniform Enforcement Act 45:1-50 Authority to contract. 30. Authority to contract. The division may contract with one or more vendors to establish and maintain the Prescription Monitoring Program pursuant to guidelines established by the director. L.2007, c.244, s :1-51 Rules, regulations. 31. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Director of the Division of Consumer Affairs shall adopt rules and regulations necessary to effectuate the purposes of sections 24 through 30 of P.L.2007, c.244 (C.45:1-44 through C.45:1-50). L.2007, c.244, s :1-52 Continuation of regulations. 32. Continuation of regulations. Orders, rules and regulations concerning implementation of P.L.1970, c.226 (C.24:21-1 et seq.), as amended and supplemented, issued or promulgated by the Department of Health and Senior Services prior to the effective date of P.L.2007, c.244 (C.24:21-54 et al.), shall continue with full force and effect until amended or repealed by the Division of Consumer Affairs pursuant to law. L.2007, c.244, s :1-53 Submission of bill to Medicare beneficiary by health care professional; reporting of nonpayment. 2. a. A health care professional licensed pursuant to Title 45 of the Revised Statutes, who provides a health care service to a Medicare beneficiary, shall bill the beneficiary, within 90 days from the date the payment from Medicare or other third party payer is finalized for any amounts due and owing for the service that are not reimbursed by the Medicare program or other third party payer. b. In the event the health care professional does not submit a bill to the beneficiary within 90 days from the date the payment from Medicare or other third party payer is finalized, the health care professional shall not be permitted to report any nonpayment of the bill by the beneficiary to a consumer reporting agency. c. A health care professional who violates the provisions of this section shall be subject to such penalties as the Director of Consumer Affairs in the Department of Law and Public Safety may determine pursuant to sections 9 and 12 of P.L.1978, c.73 (C.45:1-22 and 45:1-25). d. As used in this section: "Consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of Revised 2/21/13 Page 35

190 Uniform Enforcement Act furnishing consumer reports to third parties, and which uses any means or facility for the purpose of preparing or furnishing consumer reports. L.2010, c.95, s.2. Revised 2/21/13 Page 36

191 47 N.J.R. 2874(a) Adopted Amendments: N.J.A.C. 13:40-1.3, 8.1, and 8.3 Adopted New Rule: N.J.A.C. 13:40-8.1A Definitions; Release of Project Records; Sealing Documents; Digital Signatures and Seals; Title Block Requirements Proposed: June 15, 2015, at 47 N.J.R. 1289(a) (see also 47 N.J.R. 2244(a)). Adopted: September 17, 2015, by the New Jersey State Board of Professional Engineers and Land Surveyors, Barry Jones, P.L.S., President. Filed: October 20, 2015, as R.2015 d.171, without change. Authority: N.J.S.A. 45:8-36. Effective Date: November 16, Expiration Date: July 12, Summary of Public Comment and Agency Response: The official comment period ended August 14, In order to ensure compliance with P.L. 2013, c. 259, the comment period was extended through September 8, The Board received no comments. Federal Standards Statement A Federal standards analysis is not required because the adopted amendments and new rule are subject to State statutory requirements and are not subject to any Federal requirements or standards. Full text of the adoption follows: SUBCHAPTER 1. PURPOSE AND SCOPE; DEFINITIONS 13: Definitions The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:...

192 "Electronic transmission" means the transmission of electronic data files from one electronic device to another. The term includes manual delivery of electronic data storage media from one person or entity to another.... "Seal" means a digital or impression type seal meeting the requirements of N.J.A.C. 13:40-8.1A and affixed to a document by a licensee. "Signature" means a digital or handwritten signature of a licensee affixed to a document in accordance with N.J.A.C. 13:40-8.1A.... SUBCHAPTER 8. SEALING AND TITLE BLOCK REQUIREMENTS FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS 13: Signing and sealing of documents (a) All sealing of documents shall be done with a digital or an impression-type seal, the design of which shall be authorized by the Board and shall contain the name and license number of the professional engineer or professional land surveyor and the legend "Licensed Professional Engineer," "Licensed Land Surveyor" or "Licensed Professional Engineer and Land Surveyor," as the case may be. Alternatives, such as rubber stamp facsimiles of the seal shall not be permitted. Digital seals may be used, so long as they are in compliance with N.J.A.C. 13:40-8.1A. (b)-(e) (No change.) (f) Incomplete and/or draft plans, documents, and sketches, whether advanced or preliminary copies, shall be conspicuously identified and may be signed but shall not be sealed, provided the licensee inserts the language that "This is not a sealed document" in place of the seal in the title block. 13:40-8.1A Digital signatures and seals (a) A digital signature and seal shall carry the same weight, authority, and effect as a handwritten signature and impression-type seal when the following criteria are met: 1. The digital signing and sealing process satisfies the requirements of the Digital Signature Standard (DSS) established by the National Institute of Standards and Technology, FIPS PUB 186-4, Digital Signature Algorithm Validation System, (2014), which is hereby incorporated by reference, as amended and supplemented. This standard may be obtained at the following website: The digital signature and seal must be:

193 i. Unique to the licensee; ii. Verifiable by a trusted third party or some other approved process as belonging to the licensee; iii. Under the licensee's direct and exclusive control; and iv. Linked to a document in such a manner that the digital signature and seal is invalidated if any data in the document is changed. Once the digital signature and seal are applied to the document, the document shall be available in read-only format if the document is to be digitally transmitted. (b) A licensee who digitally signs and seals a document shall maintain a digital copy of the electronically transmitted document that has also been digitally signed and sealed for future verification purposes in accordance with N.J.A.C. 13:40-3.4(b). (c) The pictorial representation of the digital signature and seal shall be readily available to the Board upon Board request and shall be produced in a manner acceptable to the Board. It shall contain the same words and shall have substantially the same graphic appearance and size as when the image of the digitally transmitted document is viewed at the same size as the document in its original form. [page=2875] (d) Licensees are responsible for the use of their private digital keys. A lost or compromised key shall not be used and the licensee shall cause a new key pair to be generated in accordance with the criteria described in (a) above. A licensee shall take all reasonable steps to ensure that a compromised key is invalidated, and shall inform all affected clients that the digital key has been compromised. 13: Title block contents (a) The title block shall contain: (No change.) 5. The signature of the person(s) in responsible charge and the date when signed; and 6. (No change.) (b)-(c) (No change.)

194 INSURANCE Federal Standards Statement State agencies that adopt or amend State rules that exceed Federal standards regarding the same subject matter are required to include in the rulemaking document a Federal standards analysis. These adopted amendments arc subject to Federal requirements addressing certain standards for health insurance contracts as discussed in the proposal Summary. In addition, the adopted amendment regarding the definition of eligible person is subject to Federal guidance regarding Medicare as set forth in the FAQ Regarding Medicare and the Marketplace updated August 28, 2014, and the adopted amendment regarding the calculation of the maximum out of pocket is subject to Section 1302(c)(l) of the ACA. The IHC Board does not believe the adopted amendments exceed the Federal requirements. Full text of the adoption follows: APPENDIX OFFICE OF ADM INISTRATIVE LAW NOTE: The New Jersey Individual Health Coverage Program Board is adopting amendments to N.J.A.C. II :20 Appendix Exhibits A and B. Pursuant to N.J.S.A. 52:14B- 7(c) and N.J.A.C. I :30-5.2(a)2, the Exhibits as adopted are not published herein, but may be reviewed by contacting: New Jersey Individual Health Coverage Program 20 West State Street, I Oth Floor PO Box 325 Trenton, NJ New Jersey Office of Adm inistrative Law 9 Quakerbridge Plaza PO Box 049 Trenton, NJ (a) DIVISION OF CONSUMER AFFAIRS STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS Definitions; Release of Project Records; Sealing Documents; Digital Signatures and Seals; Title Block Requirements Adopted Amendments: N.J.A.C. 13:40-1.3, 8.1, and 8.3 Adopted New Rule: N.J.A.C. 13:40-8.1A Proposed: June 15, 2015, at 47 N.J.R. 1289(a) (see also 47 N.J.R. 2244(a)). Adopted: September 17, 2015, by the New Jersey State Board of Professional Engineers and Land Surveyors, Barry Jones, P.L.S., President. Filed: October 20, 2015, as R d.l71, without change. Authority: N.J.S.A. 45:8-36. Effective Date: November 16,2015. Expiration Date: July 12,2018. Summary of Public Comment and Agency Response: The official comment period ended August 14, In order to ensure comp liance with P.l. 2013, c. 259, the comment period was extended through September 8, The Board received no comments. Federal Standards Statement A Federal standards analysis is not required because the adopted amendments and new rule are subject to State statutory requirements and are not subject to any Federal requirements or standards. Full text of the adoption follows: SUBCHAPTER I. PURPOSE AND SCOPE; DEFINITIONS 13: Definitions The following words and terms, when used in this chapter, shall 1 the following meanings, unless the context clearly indicates otherwise~ave "Electronic transmission" means the transmission of electronic d files from one electronic device to another. The term includes ma ata dclivc1y of electronic data storage media fi om one person or entit~ual another. ' to "~cal'' means a digital or impression type seal meeting the requirements of N.J.A.C. 13:40-8.1A and affixed to a document by licensee. a "Signature" means a digital or handwritten signature of a licens affixed to a document in accordance with N.J.A.C. 13: A. ee SUBCI!APTER 8. SEALING AND TITLE BLOCK REQUIREMENTS FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS 13: Signing and sealing of documents (a) All sealing of documents shall be done with a digital or an impression-type seal, the design of which shall be authorized by the Board and shall contain the name and license number of the professional engineer or professional land surveyor and the legend "Licensed Professional Engineer," "Licensed Land Surveyor" or ''Licensed Professional Engineer and Land Surveyor," as the case may be. Alternatives, such as rubber stamp facsimiles of the seal shall not be permitted. Digital seals may be used, so long as they are in compliance with N.J.A.C. 13:40-8.1A. (b)-(c) (No change.) (t) Incomplete and/or draft plans, documents, and sketches, whether advanced or preliminary copies, shall be conspicuously identified and may be signed but sha ll not be sealed, provided the licensee inserts the language that "This is not a sealed document" in place of the seal in the title block. 13: A Digital signatures and seals (a) A digital signature and seal shall carry the same weight, authority, and effect as a handwritten signature and impression-type seal when the following criteria are met: I. The digital signing and scaling process satisfies the requirements of the Digital Signature Standard (DSS) established by the National Institute of Standards and Technology, Fl PS PUB 186-4, Digital Sig,nature Algorithm Validation System, (2014), which is hereby incorporated by reference, as amended and supplemented. This standard may be obtained at the following website: The digital signature and seal must be: i. Unique to the licensee; ii. Verifiable by a trusted third party or some other approved process as belonging to the licensee; iii. Under the licensee's direct and exclusive control; and iv. Linked to a document in such a manner that the digital signat~re and seal is invalidated if any data in the document is changed. Once t 1 ~ digital sig,nature and seal are applied to the document, the docume~t. 511 ~y be available in read-only format if the document is to be d g ta transmitted. 11 (b) A licensee who digitally signs and seals a document s hallmaint~~o a digital copy of the electronica lly transmitted document that has a in been digitally signed and scaled for funu e verification purposes accordance with N.J.A.C. 13:40-3.4(b). 1 hall (c) The pictorial representation of the digital signature and se~ 1 ~ be be readily available to the Board upon Board request. a~d s a same produced in a manner acceptable to the Board. It shall contalll the d size words and shall have substantially the same graphic appe.ara~ce ~ 1 at the as when the image of the digitally transmitted document IS v1ewe< ' same size as the document in its original form. (CITE 47 N.J.Il. 2874) NEW J ERSEY REGISTER, MONDAY, NOVEMBER 16,2015

195 ADOPTIONS (d) Licensees arc responsible for the use of their private digital keys. A lost or compromised key shall not be used and the licensee shall cause a new key pair to be generated in accordance with the criteria described in (a) above. A licensee shall take all reasonable steps to ensure that a compromised key is invalidated, and shall inform all affected clients that the digital key has been compromised. 13: Title block contents (a) The title block shall contain: (No change.) 5. The signature of the person(s) in responsible charge and the date when signed; and 6. (No change.) (b)-(c) (No change.) (a) DIVISION OF CONSUMER AFFAIRS NEW JERSEY STATE BOARD OF COURT REPORTING Credit Towards Reg istration as a Temporary Registered Reporter for Education, Training, and Experience Received While Serving as a Member of the Armed Forces Adopted New Rule: N.J.A.C. 13:43-2.2A Proposed: November 17, 2014, at46 N.J.R. 2268(a). Adopted: July 20, 2015, by the New Jersey State Board of Court Reporting, Marianne Cammarota, President. Filed: October 20, 2015, as R d.l72, without change. Authority: N.J.S.A. 45:1-15 and 45:158-1 and P.L. 2013, c. 49. Effective Date: November 16, Expiration Date: May 27,2016. Summary of Public Comment and Agency Response: The official comment period ended January 16, The State Board of Court ReJlOrting (Board) eceived no comments. Federal Stn ndlll'ds Statement A Federal standards analysis is not req uired because the adopted new rule is governed by P.L. 2013, c. 49, and N.J.S.A. 45:158-9, and is not subject to any Federal requirements or standards. Full text of the adopted new rule fo llows: SUBCHAPTER 2. CERTir ication OF COURT REPORTERS; REGISTRATION OF TEMPORARY REG ISTERED REPORTERS 13:43-2.2A Credit towards registration as a temporary registered reporter for education, training, and experience received while serving as a member of the Armed Forces (a) An applicant who has served in the Anned Forces of the United States (Armed Forces) and who docs not meet all of the training, education, and experience requirements for temporary registration under N.J.A.C. 13:43-2.2, may apply to the Board for recognition of the applicant's training, education, or experience received while serving as a member of the Anncd Forces, which the Board shall consider, together with any training, education, and experience obtained outside of the Anned Forces, for determining substantial equivalence to the training, education, and experience required for registration. (b) The Board shall register an applicant as a temporary registered reporter, if the applicant presents evidence to the Board that: I. The applicant has been honorably discharged from active military service; 2. The relevant training, experience, and education the applicant received in the military, together with any training, education, and experience obtained outside of the Armed Forces, is substantially equivalent in scope and character to the training, experience, and education required for registration undern.j.a.c. 13: i. An applicant seeking credit for military training and experience shall submit to the Board the applicant's Verification of Military Experience and Training (YMET) Document, DD Fonn ii. An applicant seeking credit for education courses and/or training completed while in the military shall submit to the Board a Joint Services Transcript of his or her education/training for a detennination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to the program as required for registration under N.J.A.C. 13: For the purpose of detennining substantial equivalence of the applicant's military education and/or training, the Board shall consider only those education courses and/or training relevant to the practice of court repo11ing that have been evaluated by the American Council on Education for substant ial equivalence to civilian postsecondary curricula; and 3. The applicant complies with all other requirements for registration. (c) It is the applicant's responsibil ity to provide timely and complete evidence of the educa tion, training, and experience gained in the military for review and consideration. {d) If the applica nt's military training, education, and experience, or a portion thereof, is deemed not to be substantially equivalent to that required for registration as a tempora1y registered reporter, the Board sha ll credit whatever portion of the military training, education, and experience that is substantia lly equivalent towards meeting the requirements under N.J.A.C. 13: for registration. {e) Satisfactory evidence of such education, training, and experience shall be assessed on a case-by-case basis. (b) DIVISION OF GAMING ENFORCEMENT Rules of the Games Roulette and Big Six Wheels Temporary Adoption of Amendments: N.J.A.C. 13:69F-5.3 Authority: N.J.S.A. 5: 12-21, 22, 23, 69.a, 69.e, 70.a(7), 70.a( l 0), and 76.g. Take notice that the Division of Gaming Enforcement shall, pursuant to N.J.S.A. 5: e, amend the regulations regarding the Rules of the Games to authorize alternative procedures for the spinning of the ball in the game of roulette. The experiment for the alternative procedures for the spinning of the ball in the game of roulette will be conducted in accordance with a tempora y rule amendment, which shall be ava ilable in each casino and shall also be available from the Division upon request. This experiment could begin on or after November 23, 20 15, and continue for a maximum of 270 days from that date, unless otherwise tenninated by the Division or any of the participating casino licensees prior to that time, pursuant to the tenns and conditions of the experiment. Should the temporary amendment prove successful in the judgment of the Division, the Division will propose it for final adoption in accordance with the public notice and comment requirements of the Administrative Procedure Act and N.J.A.C. I :30. NEW JERSEY REGISTER, MONDAY, NOVEMBER 16, 2015 (CITE 47 N.J.R. 2875)