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OPRA - Open Public Records Act

RULE PROPOSAL
VOLUME 44, ISSUE 01
ISSUE DATE: JANUARY 3, 2012
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF PROFESSIONAL ENGINEERS
AND LAND SURVEYORS

Proposed Amendments: N.J.A.C. 13:40-2.15, 11.2, 11.3, 11.9, and 12.4
Proposed New Rules: N.J.A.C. 13:40-13

Biennial License Renewal; License Suspension; Reinstatement of Suspended License; Inactive Status; Credit-Hour Requirements; Dual Licensees; License Restoration; Resumption of Practice; Professional Engineers Continuing Competency Requirements

Authorized By: New Jersey State Board of Professional Engineers and Land Surveyors, Joseph Grabowy, Acting Executive Director.
 
Authority: N.J.S.A. 45:1-15 and 45:8-35.11 through 45:8-35.19.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2012-004.
 
Submit comments by March 3, 2012 to:
   Joseph Grabowy, Acting Executive Director
   New Jersey State Board of Professional Engineers and Land Surveyors
   124 Halsey Street
   P.O. Box 45015
   Newark, New Jersey 07101
 
The agency proposal follows:
 
Summary
The New Jersey State Board of Professional Engineers and Land Surveyors (the Board) is proposing new rules and amendments to N.J.A.C. 13:40 in order to implement P.L. 2009, c. 294 (the Act), which mandates that professional engineers complete 24 hours of continuing education (CE) during each biennial period prior to license renewal. Prior to passage of the Act, the Board required only professional land surveyors to fulfill CE requirements for biennial license renewal. The Act also requires that those licensees who are licensed as both a professional engineer and a land surveyor (dual licensees) complete 36 continuing professional competency (CPC) credits during each biennial cycle.

The Board proposes to amend N.J.A.C. 13:40-2.15(a), (c), (e), and (h) to require that professional engineers, as well as land surveyors, meet competency requirements prior to renewal, reinstatement, or reactivation of their licenses. Licensees whose licenses have been suspended or have been inactive are required to complete competency credits for each [page=38] biennial licensure period for which the license was either suspended or on inactive status. However, this requirement is modified by N.J.A.C. 13:40-11.9 and proposed N.J.A.C. 13:40-13.3(d), which limit the number of delinquent credits required for license restoration to 30 for licensees with a single license and 45 for dual licensees.

Subchapter 11 deals with continuing competency for professional land surveyors. The Board proposes to amend N.J.A.C. 13:40-11.2 to include the term "CPC credit" as an alternative reference to "continuing professional competency credit." New N.J.A.C. 13:40-11.3(c) is proposed to require that dual licensees complete 36 CPC credits during each biennial cycle. Twelve of these credits must be completed in professional land surveying and 12 must be completed in professional engineering, of which two and not more than eight must be in professional practice ethics. The remaining 12 may be completed in either professional land surveying or professional engineering.

New N.J.A.C. 13:40-11.3(d) sets forth the CPC requirements for dual licensees during the renewal period that begins on May 1, 2012. Because this is the first renewal period during which engineers must meet continuing competency standards, the number of CPC credits required for dual licensees has been computed on a pro rata basis from January 12, 2011, the date that the Act became effective. Dual licensees have completed a total of 27 CPC credits, 12 of which must have been completed in engineering, 12 of which must have been completed in land surveying and three of which may have been completed in either land surveying or engineering. Two of the 12 engineering credits must have been completed in professional practice ethics.

The Board proposes to amend N.J.A.C. 13:40-11.9, which sets forth the conditions for license restoration after inactive status or suspension, to require dual licensees to complete no more than 45 delinquent CPC credits as a condition for license restoration. The proposed amendment also requires a dual licensee whose licenses are restored to complete an additional 36 credits during the next biennial renewal period. The credits required to become current do not count towards the number of CPC credits required for the next biennial period.

Subchapter 12 deals with retired license and no-fee retired license status. N.J.A.C. 13:40-12.4 currently sets forth the conditions that a land surveyor on retired status or no-fee license status must meet in order to resume practice. The Board proposes to amend this provision to make engineers subject to the same requirements. The Board also proposes to amend this section to require retired and no-fee retired licensees to complete the same number of CPC credits for license restoration as those licensees holding inactive or suspended licenses.

Proposed new Subchapter 13 sets forth new CE rules for professional engineers. Proposed new N.J.A.C. 13:40-13.1(a) requires licensees to certify that they have completed 24 CPC credits during the biennial period preceding license renewal, with at least two, but no more than eight CPC credits in the area of professional practice ethics. However, for the renewal period beginning on May 1, 2012 only, proposed new N.J.A.C. 13:40-13.1(b) provides that licensees shall have completed 15 CPC credits, two of which shall have been in professional practice ethics. Licensees may receive credit for the required CPC credits between May 1, 2010 and April 30, 2012.

Proposed new N.J.A.C. 13:40-13.2 contains definitions of terms used in Subchapter 13. Educational programs are defined as advanced academic courses that are part of ABET, Inc. (ABET) approved programs and that relate directly and materially to the practice of professional engineering. The Board will not grant credit for courses that must be completed in order to qualify for initial licensure. Equivalent educational programs refers to nonacademic programs relating to the practice of professional engineering. However, academic courses that are not part of ABET-approved programs are also considered to be equivalent education programs.

Proposed new N.J.A.C. 13:40-13.3(a) permits licensees to carry forward a maximum of 12 CPC credits to satisfy the CPC requirement for the following biennial renewal period. Proposed new N.J.A.C. 13:40-13.3(b) and (c) set forth the CPC requirements for licensees who are dually licensed as professional engineers and land surveyors. These rules are identical to the rules contained in the land surveyors' CE rules, N.J.A.C. 13:40-11.3(c) and (d), discussed above. Similarly, proposed N.J.A.C. 13:40-13.3(d), which requires a licensee seeking reinstatement of his or her license to complete delinquent CE credits subject to certain limitations, is consistent with the land surveyors' rule, N.J.A.C. 13:40-11.9, also discussed above.

Proposed new N.J.A.C. 13:40-13.4 permits licensees to obtain their required CPC credits by taking either educational programs or equivalent educational programs sponsored by Board-approved providers. All educational programs are approved for credit. The Board will post a list of approved providers of equivalent educational programs on the Board's website. N.J.S.A. 45:8-35.12 requires the Board to approve educational programs and equivalent educational programs. The Board proposes to meet this requirement by recognizing accrediting entities that may sponsor CE programs. The Board, at audit, may reject credit for any educational program or equivalent educational program that does not directly and materially relate to the practice of professional engineering or any course or program that is required for initial licensure or that involves practice building, practice management, or practice marketing. A licensee's regular duties do not qualify for CPC credit.

Proposed new N.J.A.C. 13:40-13.5(a) requires providers of equivalent educational programs to apply for Board approval unless exempt under proposed N.J.A.C. 13:40-13.5(c). Proposed new N.J.A.C. 13:40-13.5(b) permits a licensee seeking Board approval of Equivalent Educational Program for a provider that is not approved pursuant to N.J.A.C. 13:40-13.5(a) or (c) to submit an application to the Board for approval of the program.

Proposed new N.J.A.C. 13:40-13.6 provides that all licensees are subject to audit of claimed CPC credits by the Board and sets forth the recordkeeping and record retention responsibilities of licensees seeking CPC credits.

Proposed new N.J.A.C. 13:40-13.7 details how CPC credits are calculated.

Proposed new N.J.A.C. 13:40-13.8 sets forth the conditions under which the Board may grant a waiver of the biennial CPC requirements. N.J.A.C. 13:40-13.8(a) authorizes the Board to waive all or part a licensee's CPC requirement for reasons of hardship, and provides some examples such as illness or disability, retirement of the license, service in the armed forces, or for another good cause. N.J.A.C. 13:40-13.8(b) requires a licensee seeking a waiver to apply to the Board at least 90 days prior to the commencement of the next biennial renewal period. N.J.A.C. 13:40-13.8(c) waives all CPC requirements for new licensees during the first biennial renewal period in which the licensee obtained his or her license. N.J.A.C. 13:40-13.8(d) requires a new licensee by way of comity to complete one credit for each full calendar month from the time that the New Jersey license was issued. N.J.A.C. 13:40-13.8(e) waives all CPC requirements for a licensee who serves on active duty in the United States armed forces for more than 120 days in a calendar year.

Proposed new N.J.A.C. 13:40-13.9 outlines the responsibilities of program providers with respect to the selection and evaluation of venue and faculty, recordkeeping requirements, and information and documentation to be provided to licensees.

The Board has provided a 60-day comment period for this notice of proposal. Therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

 

Social Impact

The Board believes that the proposed amendments and new rules will have a positive impact upon professional engineers and the clients they serve. The proposed new rules detail for licensees the procedure that they must follow in order to maintain professional competency. Requiring engineers to complete advanced courses or programs in engineering will benefit both licensees and the public because it insures that the licensees will remain competent by keeping abreast of developments in their field of practice.

 

Economic Impact

The Board believes that the proposed amendments and new rules will have a significant economic impact on licensees. It is estimated that licensees may incur approximately $ 1,200 per biennial period in tuition costs to complete 24 hours of continuing education under proposed new N.J.A.C. 13:40-13.1(a). However, licensees can also satisfy their CPC requirements in less costly ways by participating in equivalent educational programs, such as attending membership meetings of [page=39] professional engineering societies when an engineering topic is being presented as a principal part of the program, preparing papers or publications, presenting technical presentations, management, leadership or ethics courses or exhibits, attending employer sponsored in-house courses, or teaching a course for the first time. Licensees who are dually licensed as engineers and land surveyors, as well as inactive, suspended or retired licensees who wish to reactivate their licenses, will also incur tuition costs associated with completing continuing education under the proposed amendments to N.J.A.C. 13:40-11.3(c) and 2.15(a), (e), and (h) and proposed new N.J.A.C. 13:40-13.3(b).

The proposed amendments and new rules will have a positive economic impact on approved providers of engineering CPC education within the State, as the rules will create a greater demand for their services. The Board believes that the proposed amendments and new rules may impact consumers, insofar as the costs for continuing education might be passed on to clients in the form of higher fees.

The Board believes that any adverse economic impact to licensees will be significantly outweighed by the necessary consumer protection established by the amendments and new rules.

Federal Standards Statement

A Federal standards analysis is not required because the proposed amendments and new rules are subject to State statutory requirements and are not subject to any Federal requirements or standards.

Jobs Impact

The Board does not believe that the proposed amendments and new rules will result in the creation or loss of jobs in the State.

Agriculture Industry Impact

The proposed amendments and new rules will have no impact on the agriculture industry in the State.

Regulatory Flexibility Statement

Since the 18,985 professional engineers and 248 dually licensed professional engineers and land surveyors are individually licensed by the Board, they may be considered "small businesses" under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq. Continuing education sponsors who provide courses, programs and seminars may also qualify as "small businesses" under the Act.

The economic impact on small businesses will be the same as on all businesses as detailed in the Economic Impact statement above. The Board does not believe that licensed professional engineers or continuing education sponsors will need to employ any professional services to comply with the requirements of the proposed amendments and new rules. The proposed new rules and amendments do not impose reporting requirements, but do impose compliance and recordkeeping requirements on licensees and continuing education sponsors as outlined in the Summary above.

The Board believes that the proposed new rules and amendments further the welfare and safety of the public by ensuring that licensees maintain competency and that continuing education sponsors provide valid continuing education courses, programs, and seminars. As such, the provisions must be applied uniformly to all licensees and continuing education sponsors regardless of the size of the business.

Housing Affordability Impact Analysis

The proposed amendments and new rules will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the proposed amendments and new rules concern the requirement of continuing education for professional engineers and professional land surveyors.

Smart Growth Development Impact Analysis

The proposed amendments and new rules will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments and new rules concern the requirement of continuing education for professional engineers and professional land surveyors.

Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 2.    APPLICATION REQUIREMENTS; LICENSING; BIENNIAL RENEWAL; INACTIVE STATUS

13:40-2.15   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. 13:40-6.1[,] and[, in]:

1. 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; 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. 13:40-13.

(b) (No change.)

(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, and late fee as set forth in N.J.A.C. 13:40-6.1, and, 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. 13:40-13. During this 30-day period, the license shall be valid, and the licensee shall not be deemed to be engaged in unauthorized practice.

(d) (No change.)

(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.-2. (No change.)

3. [In the case of a professional land surveyor, submission] Submission of proof of completion of the continuing competency for each biennial licensure period for which the license was suspended.

(f)-(g) (No change.)

(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.-2. (No change.)

3. [In the case of a professional land surveyor, submission] Submission of proof of completion of the continuing competency required for each biennial licensure period for which the licensee was on inactive status.

(i) (No change.)

SUBCHAPTER 11.    LAND SURVEYORS; CONTINUING COMPETENCY

13:40-11.2   Definitions

 
As used in this subchapter, the following terms shall have the following meanings:
 
. . .
 
"Continuing professional competency credit" or "CPC credit" means one hour of instruction.
 
13:40-11.3   Credit-hour requirements; dual licensees
 
(a)-(b) (No change.)
 
(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, 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.
 
[page=40] (d) 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 have been in professional practice ethics. The remaining three credits may have been completed in either professional engineering or professional land surveying.
 
13:40-11.9   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 [continuing professional competency] 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 [continuing professional competency] 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.
 
SUBCHAPTER 12.    RETIRED LICENSE AND NO-FEE RETIRED LICENSE STATUS
 
13:40-12.4   Resumption of practice
 
(a) A professional engineer or professional land surveyor [holding] 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.-2. (No change.)
 
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, competency, and skill in the practice of professional engineering or professional land surveying as follows:
 
i. (No change.)
 
ii. Each retired [professional land surveyor] licensee seeking to resume practice shall [furnish proof of completion of a minimum of 24 continuing professional competency credits earned within two years prior to the application for the resumption of practice.] 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.
 
SUBCHAPTER 13.    PROFESSIONAL ENGINEERS; CONTINUING PROFESSIONAL COMPETENCY REQUIREMENTS
 
13:40-13.1   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. 13:40-13.4, 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. 13:40-13.3(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, 2012.
 
13:40-13.2   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. 45:8-35.12(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. 13:40-9.1 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;
 
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.
 
13:40-13.3   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 [page=41] have been completed in either professional engineering or professional land surveying.
 
(d) A licensee seeking reinstatement in accordance with N.J.A.C. 13:40-2.15 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.
 
13:40-13.4   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. 13:40-13.5. 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 http://www.njconsumeraffairs.gov/pels/pels_licensee.htm a list of CPC providers that, pursuant to N.J.A.C. 13:40-13.5(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.
 
13:40-13.5   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.
 
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.
 
13:40-13.6   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.
 
13:40-13.7   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;
 
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.
 
13:40-13.8   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.
 
[page=42] (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.
 
13:40-13.9   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;
 
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 six-year 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.

 

   
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