NEW JERSEY REGISTER
NEW JERSEY BOARD OF ELECTRICAL CONTRACTORS
Adopted Amendment: N.J.A.C. 13:31-1.11
Adopted Repeal and New Rule: N.J.A.C. 13:31-1.12
Proposed: July 2, 2001 at 33 N.J.R. 2238(a).
Adopted: September 19, 2001 by the New Jersey Board of Electrical Contractors, Joseph P. Schooley, Chairman
Filed: March 22, 2002 as R.2002 d.121, with substantive changes not requiring additional public notice and comment (see N.J.A.C. 1:30-6.3).
Authority: N.J.S.A. 45:5A-6.
Effective Date: April 15, 2002.
Summary of Agency-Initiated Changes:
1. In compliance with N.J.S.A. 45:5A-13.5, the Board amends N.J.A.C. 13:31-1.12(b) and (c) upon adoption. The changes exempt new licensees from the continuing education requirements for the triennial registration period for which they are initially licensed.
Federal Standards Statement
A Federal standards analysis is not required because the adopted amendment to N.J.A.C. 13:31-1.11 and proposed new rule N.J.A.C. 13:31-1.12 are governed by N.J.S.A. 45:5A-1 et seq., and are not subject to any Federal requirements or standards.
Full text of the adoption follows:
<< NJ ADC 13:31-1.11 >>
13:31-1.11 Fee schedule
(a) The following fees shall be charged by the Board:
1.-14. (No change.)
15. Continuing education sponsor fee ...................... $100.00
<< NJ ADC 13:31-1.12 >>
13:31-1.12 Continuing education requirements
(a) Upon triennial license renewal, a licensee shall attest that he or she has completed courses of continuing education of the types and number of credits specified in (b), (c), (d) and (e) below. Falsification of any information submitted on the renewal application may require an appearance before the Board and may result in penalties and/or suspension or revocation of the license pursuant to N.J.S.A. 45:1-21 through 45:1-25.
(b) Each applicant for triennial license renewal shall be required to complete during the preceding triennial period, except as provided in (b)1 and 2 below, a minimum of 34 credit hours of continuing education.
1. For the triennial registration period ending on March 31, 2003, licensees <<+not exempt pursuant to (b)2 below+>> shall be required to complete 10 credit hours of continuing education, including nine hours on the most recent edition of the National Electrical Code and one hour on applicable State statutes and rules;
<<-2. Persons receiving initial licensure as electrical contractors shall have continuing education requirements prorated as follows:->>
<<-i. Any person receiving licensure as an electrical contractor in the first year of a triennial registration period shall complete a minimum of 34 credits of continuing education, including nine hours on the most recent edition of the National Electrical Code and one hour on applicable State statutes and rules;->>
<<-ii. Any person receiving initial licensure as an electrical contractor in the second year of a triennial registration period shall complete a minimum of 22 credits of continuing education, including nine hours on the most recent edition of the National Electrical Code and one hour on applicable State statutes and rules; and->>
<<-iii. Any person receiving initial licensure as an electrical contractor in the third year of a triennial registration period shall complete a minimum of 10 credits of continuing education, including nine hours on the most recent edition of the National Electrical Code and one hour on applicable State statutes and rules.->>
<<+2. Licensees shall not be required to complete the continuing education requirements for the triennial registration period in which they initially received licensure.+>>
3. A licensee who completes more than the minimum continuing education credits set forth above in any triennial registration period may carry no more than eight of the additional credits into a succeeding triennial period;
4. Any continuing education credits completed by the licensee in compliance with an order or directive from the Board as set forth in (j) below shall not be used to satisfy the minimum continuing education requirements as set forth in this section.
(c) A licensee<<+, who is not exempt pursuant to (b)2 above,+>> shall complete a minimum of a 10 hour course of study relating to the most recent edition of the National Electrical Code, nine hours of which shall pertain to the code and one hour of which shall pertain to applicable State statutes and rules. A licensee shall obtain the balance of continuing education credits in the following areas:
1. Installation, erection, repair or alteration of electrical equipment for the generation, transmission or utilization of electrical energy;
2. Transmission or utilization of electrical energy;
3. Job estimating, management and business practices;
4. Supervisory responsibilities as set forth in N.J.A.C. 13:31-1.13; and
5. Any other subjects relevant to electrical contracting and electrical construction.
(d) A licensee may obtain continuing education credits from the following:
1. Successful completion of continuing education courses or programs approved by the Board pursuant to (h) below. The Board shall approve only such continuing education courses and programs as are available and advertised on a reasonable nondiscriminatory basis to all persons practicing electrical contracting in the State and are directly related to the practice of electrical contracting in the State of New Jersey, except that an electrical contracting association or other professional or technical association offering continuing education programs or courses may impose a reasonable differential in program or course registration fees for licensees who are not members of that association. The Board 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 electrical contracting in the State of New 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 or a chapter of a textbook or manual directly related to the practice of electrical contracting in the State of New Jersey, provided the textbook or manual, as published, is at least 7,500 words in length; and
4. Authorship of a published article related to the practice of electrical contracting in the State of New Jersey, provided the article, as published, is a least 250 words in length.
(e) Credit for continuing education shall be granted as follows for each triennial registration period:
1. Attendance at continuing education programs and courses approved by the Board: one credit for each hour of attendance at an approved program or course. Credit shall not be granted for programs or courses that are less than one instructional hour long. Credit shall not be granted for more than eight instructional hours obtained in one day. Completion of an entire program or course or segment of program or course instruction shall be required in order to receive any continuing education credit;
2. Participation in instructional activities: one credit per hour of program or course instruction to a maximum of 15 credits per triennial registration period;
3. Authorship of a textbook or manual or a chapter of a textbook or manual: five continuing education credits per textbook or manual or chapter of a textbook or manual, to a maximum of 10 credits per triennial registration period; and
4. Authorship of a published article: two continuing education credits per published article, to a maximum of eight credits per triennial registration period.
(f) The Board shall perform audits on randomly selected licensees to determine compliance with continuing education requirements. A licensee shall maintain the following documentation for a period of six years after completion of the credits and shall submit such documentation to the Board upon request:
1. For attendance at programs or courses approved by the Board: a certificate of completion from the sponsor;
2. For publication of manual, textbook, or article: the published item, including the date of publication; and
3. For developing curriculum or teaching a course or program: documentation, including a copy of the 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.
(g) The Board may waive the continuing education requirements of this section on an individual basis for reasons of hardship, such as severe illness, disability, or military service, or for retirement of the license.
1. A licensee seeking a waiver of the continuing education requirements shall apply to the Board in writing at least 90 days prior to license renewal and set forth in specific detail the reasons for requesting the waiver. The licensee shall provide the Board with such supplemental materials as will support the request for waiver.
2. A waiver of continuing education requirements granted pursuant to this subsection shall only be effective for the triennial period in which such waiver is granted. If the condition(s) which necessitated the waiver persist(s) into the next triennial period, a licensee shall apply to the Board for the renewal of such waiver for the new triennial period.
(h) All sponsors of continuing education programs or courses shall:
1. Obtain Board approval, in each triennial period, prior to representing that any course, seminar or program fulfills the requirements of this section;
2. Submit the following for each course or program offered, for evaluation by the Board:
i. A detailed description of course content and the hours of instruction; and
ii. A curriculum vitae of each lecturer, including specific background which qualifies the individual as a lecturer in the area of instruction;
3. Monitor the attendance at each approved course and furnish to each enrollee a verification of attendance, which shall include at least the following information:
i. The title, date and location of program or course 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 program or course evaluations from both participants and the instructors; and
5. Submit a fee pursuant to N.J.A.C. 13:31-1.11 for each submission of course or program offering(s) for which Board approval is sought, per triennial period.
(i) Sponsors of continuing education programs or courses shall not:
1. Teach the 10 hour course of study on the National Electrical Code set forth in (c) above prior to the January following the publication of the most recent edition of the National Electrical Code; and
2. Conduct a continuing education course or program with more than 75 participants.
(j) The Board may direct or order a licensee to complete continuing education credits:
1. As part of a disciplinary or remedial measure in addition to the required 34 hours of continuing education credit; or
2. To correct a deficiency in the licensee's continuing education requirements.
34 N.J.R. 1548(a)