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NEW JERSEY REGISTER
VOLUME 34, NUMBER 21
MONDAY, NOVEMBER 4, 2002
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF EXAMINERS OF MASTER PLUMBERS
RULES OF THE STATE BOARD OF EXAMINERS OF MASTER PLUMBERS


Proposed Readoption with Amendments: N.J.A.C. 13:32

Authorized By: State Board of Master Plumbers, Barbara Cook, Executive Director.

Authority: N.J.S.A. 45:14C-7.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2002-393

Submit written comments by January 3, 2003 to:

Barbara Cook, Executive Director

New Jersey Board of Examiners of Master Plumbers

PO Box 45008

124 Halsey Street

Newark, NJ 07101

The agency proposal follows:

Summary

The State Board of Master Plumbers (the Board) proposes to readopt N.J.A.C. 13:32 with amendments. These rules are scheduled to expire on April 6, 2003 pursuant to N.J.S.A. 52:14B-5.1c.

In compliance with the Executive Order, a Board subcommittee undertook a thorough review of the existing provisions of N.J.A.C. 13:32 in order to delete unnecessary or unreasonable rules and to propose new rules that the Board believes are needed to clarify and assist in the practice of plumbing. The Board believes that the rules proposed for readoption, as amended, are necessary, reasonable, understandable and responsive to the purpose for which they were originally promulgated. These rules have had an advantageous impact on the regulation and conduct of the plumbing profession by enabling the Board to have in place procedures which serve and protect the public best interest. The following summarizes each subchapter in N.J.A.C. 13:32 and amendments proposed to the existing rules.

Subchapter 1 sets forth the purpose and scope of the rules, Board meetings and definitions. N.J.A.C. 13:32-1.1 states that chapter 32 implements N.J.S.A. 45:14C-1 et seq. and provides for the licensing of master plumbers. The rule is proposed for amendment to remove a citation to P.L. 1968, c.362 as the statute is more commonly cited as N.J.S.A. 45:14C-1 et seq.

N.J.A.C. 13:32-1.2 sets forth criteria for Board meetings. The Board is required to publish a schedule of meetings. The rule also sets forth that a majority of the Board constitutes a quorum and that any Board action requires the vote of a majority of the members. If the chairman is absent, a member shall be selected to act as a chairman and minutes of Board meetings must be sent to all members as soon as possible. There are no proposed amendments to this rule.

N.J.A.C. 13:32-1.3 sets forth definitions for terms used in N.J.A.C. 13:32. The rule is proposed for amendment to change the term "master plumber" to "licensed master plumber." This change has been made throughout the text of the chapter.

N.J.A.C. 13:32-1.4 through 1.12 are reserved sections. The Board proposes to delete these reserved sections.

Subchapter 2 sets forth the requirements for qualifying and applying for licensure. N.J.A.C. 13:32-2.1 is proposed for amendment to change its heading to "Eligibility for examinations." The Board proposes to amend this rule to reflect that the application submitted to the Board is an application to qualify to take the licensing examination. Proposed new subsection (a) requires that an applicant be at least 21 years old and have completed the experience requirements of N.J.A.C. 13:32-2.2. Subsection (b) is a recodification of existing subsection (a) and sets forth what an applicant must submit to the Board in order to qualify to take the licensing examination. The rule is proposed for amendment to require that an applicant submit a completed application, proof that the applicant has met the experience requirements of N.J.A.C. 13:32-2.2, and the application fee. A requirement that an applicant submit references attesting to his or her good moral character is proposed for deletion as this provision is not part of the statutory requirements of N.J.S.A. 45:14C-15. Existing subsection (b), which requires the executive director to provide applicants with an application form, is proposed for deletion because the Board does not believe it is necessary. Existing subsection (c) is proposed for deletion as its provisions have been incorporated into proposed new N.J.A.C. 13:32-2.1(b)1. Subsection (c) is a proposed new subsection which states that, after the Board reviews the documentation submitted by the applicant, it shall inform the applicant whether he or she is eligible to take the licensing examination and when the examination will be given.

N.J.A.C. 13:32-2.2 sets forth experience requirements for licensure. Subsection (a) defines practical hands-on experience. Subsection (b) requires that an applicant complete a four year apprenticeship program or earn a bachelor's degree in mechanical, plumbing or sanitary engineering. The rule also requires that applicants complete one year of practical hands-on experience as a journeyman plumber. Subsection (c) states that an applicant who, prior to November 1, 2002, performed plumbing for four years under the supervision of a licensee can take the licensing examination if the applicant has completed an additional year of practical hands-on experience as a journeyman plumber. Subsection (d) states that an applicant who, prior to November 1, 2002, has three years of practical hands-on experience can take the licensing examination if the applicant completes a one year course that covers the plumbing subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.15, and the plumbing component of the Occupational Safety and Health Act, N.J.S.A. 34:6A-25 et seq., in an apprenticeship program and one year of practical hands-on experience as a journeyman plumber. Subsection (e) states that an applicant who, prior to November 1, 2002, has two years of practical hands-on experience under the supervision of a licensee can take the licensing examination if the applicant has completed the first two years of an apprenticeship program and has completed one additional year of practical hands-on experience as a journeyman plumber. Subsection (f) states that an applicant who, prior to November 1, 2002, has one year of practical hands-on experience under the supervision of a licensee can take the licensing examination if the applicant has completed the first three years of an apprenticeship program and has completed one additional year of practical hands-on experience as a journeyman plumber. Subsection (g) states that subsections (c) through (f) expire on November 1, 2002.

N.J.A.C. 13:32-2.3 sets forth requirements for the licensing examination. Subsection (a) is proposed for amendment to state that Experior Assessments, LLC or its successor, shall prepare and administer the licensing examination. Subsection (b) requires that the licensing examination be held at least four times a year. Subsection (c) is proposed for deletion as its provisions have been incorporated into proposed new N.J.A.C. 13:32-2.1(c). Existing subsection (d) is proposed for recodification as proposed new subsection (c). The subsection sets forth that the examination shall consist of three parts: the written examination on the National Standards Plumbing Code; a practical examination and a written examination on the laws; and regulations governing plumbing. Existing subsection (e) is proposed for recodification as subsection (d). This rule, which requires a passing grade on the examination, is proposed for amendment to clarify that the applicant must receive at least a 70 in each of the three areas outlined in proposed new subsection (c).

N.J.A.C. 13:32-2.4 addresses the procedure for review of the licensing examination by applicants who did not achieve the passing grade. Subsection (a) of the rule allows an applicant to review his or her examination upon written request. The rule is proposed for amendment to clarify that the Board approved testing service is Experior Assessments, LLC, or its successors.

N.J.A.C. 13:32-2.5 is a proposed new rule which deals with licensure. The rule states that once an applicant has passed the licensing examination, he or she must submit a surety bond of $3,000, a completed application for pressure seal and the licensing fee.

N.J.A.C. 13:32-2.6 is a proposed new rule regarding renewal of licenses. Subsection (a) requires licensees to renew licenses biennially and to attest that they have completed the continuing education requirements. Subsection (b) requires the Board to send a notice of renewal to all licensees at least 60 days prior to the expiration date. If the notice is not sent at least 60 days prior to the expiration date, the Board cannot assess monetary penalties for failure to renew. The Board will still assess the administrative fees for late renewal and reinstatement. Subsection (c) requires licensees to submit renewal applications and renewal fees prior to the expiration date. A licensee may renew a license 30 days after the expiration date by submitting a renewal application and paying the late and renewal fees. If a licensee fails to renew the license within 30 days after the expiration date, the license will be suspended. Subsection (d) states that a person who continues to practice after a license has been suspended is engaging in unlicensed practice. Subsection (e) states that a person seeking reinstatement within five years of suspension of a license must submit a reinstatement application, delinquent renewal fees, the reinstatement fee, a certification verifying that the applicant has completed all the continuing education requirements for each year the license has been suspended and an affidavit listing each job held by the applicant during the years of suspension. Subsection (f) states that a person seeking reinstatement more than five years from the date of suspension shall pass the licensing examination and submit a reinstatement application, delinquent renewal fees, the reinstatement fee and an affidavit listing each job held during the years of suspension. Subsection (g) allows licensees to renew as inactive by submitting to the Board a renewal application choosing inactive status and the licensee's pressure seal. An inactive licensee cannot practice as a plumber. Subsection (h) allows a licensee on inactive status to apply for active status. A licensee going from inactive to active status must show that his or her license has completed the continuing education credits for the biennial periods in which he or she was inactive and must pay the renewal fee. Once a licensee returns to active status, the Board shall return the licensee's pressure seal.

Subchapter 3 addresses identification of a licensee and bona fide representatives. N.J.A.C. 13:32-3.1 deals with identifying licensees and advertising. Subsection (a) requires that all commercial vehicles have the name and license number of the licensed master plumber, the name of the owner of the vehicle and the municipality where the licensed master plumber practices or has a principal office. Subsection (b) requires that all correspondence, invoices and stationery have the licensed master plumber's name, license number and business address. Subsection (c) requires that all advertising have the licensed master plumber's name, business address and license number. Subsection (d) states that whenever a licensed master plumber's name, office address or license number appear in an advertisement, it shall be presumed that the licensed master plumber approved the advertisement and is responsible for its content. Subsection (e) states that if a plumbing contractor intends to subcontract, in a calendar year, more than one-third of the work which it contracts to perform, all advertisements must state that "A substantial part of the work which we undertake may be performed by independent licensed plumbing subcontractors." The subsection is proposed for amendment to require that whenever a plumbing contractor subcontracted more than one-third of the work he or she contracted to perform in the previous calendar year, all advertisements must include the same phrase. Subsection (f) is proposed for deletion as its provisions have been incorporated into subsection (e).

N.J.A.C. 13:32-3.2 deals with the bona fide representative. Subsection (a) requires that a licensed master plumber who seeks to be the bona fide representative for a plumbing contractor must: register with the Board and provide the name, address and names of the officers of a plumbing contractor; provide the Board with documentation that establishes the licensee's ownership percentage for purposes of bona fide representation; act as the plumbing contractor's agent for service of process in this State; and accept liability for any monetary damages incurred by the bona fide representative while acting for the plumbing contractor. Subsection (b) permits the Board to request that a bona fide representative provide tax documentation verifying that the bona fide representative owns at least 10 percent of the plumbing contractor. Subsection (c) is a reserved subsection. Subsection (d) allows a plumbing contractor whose bona fide representative withdraws due to illness or death to continue operations for six months, as long as the work performed by the plumbing contractor is supervised by a licensee pursuant to the requirements of N.J.A.C. 13:32-3.3(a)3. The supervising licensee and the plumbing contractor must inform the Board of the bona fide representative's withdrawal within 10 days of the withdrawal.

N.J.A.C. 13:32-3.3 sets out the responsibilities of a bona fide representative. Subsection (a) states that a bona fide representative must: notify the Board if the plumbing contractor has a change of name or address; supervise all plumbing work performed by the plumbing contractor; be responsible for any violations of N.J.S.A. 45:14C-1 et seq. committed by employees of the plumbing contractor; serve as the bona fide representative for only one plumbing contractor; maintain a place of business in New Jersey; provide supervisory journeyman with identification cards; and secure, or authorize another to secure, all permits for the plumbing contractor. Subsection (b) states that the Board may proceed against both the bona fide representative for an entity or any other licensed master plumber when an entity has violated N.J.S.A. 45:14C-1 et seq. or N.J.A.C. 13:32. The rule also allows any individual who has an action on a bond pursuant to N.J.A.C. 13:32-4.3 to proceed with the claim against a bona fide representative or a licensed master plumber. Subsection (c) states that, when a plumbing contractor subcontracts, the bona fide representative is responsible for: ensuring that the subcontractor has a bona fide representative; ensuring that copies of all permits are delivered to the original contractor within five business days; notifying the consumer that the work has been subcontracted to another plumbing contractor; advising the consumer that he or she may terminate the contract based on the subcontracting; notifying the consumer that the original contractor and the subcontractor are liable for any damages that result from the negligence of the subcontractor; requiring the subcontractor to notify the original contractor of any consumer or governmental complaints; and supervising the work pursuant to N.J.A.C. 13:32-3.3(a)3. Subsection (d) requires that a bona fide representative have knowledge of the contractor's bookkeeping and financial accounts so that he or she can report to the Board on the contractor's price-setting, billing, costs, subcontractors, overhead costs and profits.

N.J.A.C. 13:32-3.4 addresses supervision requirements. The rule requires that any work that a licensed master plumber agrees to perform must be performed by the licensee or the plumbing contractor's employees. The Board proposes to amend the rule to clarify its language and to exempt any work that has been subcontracted to another licensed master plumber.

Subchapter 4 contains general requirements of licensure. N.J.A.C. 13:32- 4.1, which deals with a licensed master plumber's pressure seal, is proposed for amendment to clarify its language. Subsection (a) requires the Board to issue a pressure seal to a licensee upon issuance of the license. The subsection is proposed for amendment to move a provision of the rule to new subsection (b). Proposed new subsection (b) states that the pressure seal shall be used exclusively by the licensed master plumber while conducting plumbing business. The licensed master plumber must impress the seal onto all applications for plumbing permits. Existing subsection (b), which requires a licensee to impress the seal on applications for license renewal, is proposed for deletion as the Board believes this is no longer necessary. Subsection (c) states that the use of a pressure seal by anyone other than the licensed master plumber to whom it is issued, or securing a permit for an unlicensed person, constitutes fraud, deception, misrepresentation or false pretense. This may lead to the suspension or revocation of licensure for an unauthorized user who is a licensee, or refusal to issue a license to an unauthorized user who is not a licensee. Subsection (d) sets forth penalties for licensed master plumbers who allow an unlicensed or unauthorized person to use their seal. Subsection (e) requires licensed master plumbers who fail to renew licensure, or who had a license suspended or revoked, to return the pressure seal to the Board. The subsection is proposed for amendment to require that the seal be returned within 30 days of the suspension, revocation or lapse of licensure. Subsection (f) is a proposed new subsection that requires a licensee to replace a pressure seal that has been lost or stolen. A licensed master plumber who loses a pressure seal must submit to the Board a notarized letter which details why the licensed master plumber no longer possesses the pressure seal and the replacement pressure seal fee.

N.J.A.C. 13:32-4.2 deals with identification cards. The rule is proposed for amendment to clarify its language. Subsection (a) states the Board will provide a wallet size identification card to every licensed master plumber upon renewal of licensure. A licensed master plumber must present this card when applying for plumbing permits. Subsection (b) states that the use of an identification card by anyone who is not a licensed master plumber, or the authorized agent of a licensed master plumber, constitutes dishonesty, fraud, deception, misrepresentation or false pretense. This may lead to the suspension or revocation of licensure for an unauthorized user who is a licensee, or refusal to issue a license to an unauthorized user who is not a licensee. Subsection (c) sets forth penalties for licensed master plumbers who allow an unauthorized person to use his or her identification card.

N.J.A.C. 13:32-4.3 deals with surety bonds. Existing subsection (a) is proposed for deletion as its provisions have been incorporated into proposed new N.J.A.C. 13:32-2.5(a). Existing subsection (b) is proposed for recodification as subsection (a). The rule allows individuals or entities who are damaged through the failure of a licensed master plumber to perform the duties required by N.J.S.A. 45:14C-1 et seq. to receive the financial protection of the licensed master plumber's surety bond.

N.J.A.C. 13:32-4.4 deals with changes of address. The rule is proposed for amendment to clarify its language. Subsection (a) states that every licensed master plumber must notify the Board of his or her office address and of any change in home or business address within 10 days of the change. The subsection is proposed for amendment to require that the notification of the office address be made to the Board in writing. Subsection (b) states that service of process to the address of record constitutes adequate notice.

N.J.A.C. 13:32-4.5 addresses unconscionable pricing. The rule isproposed for amendment to clarify its language. Subsection (a) prohibits a licensed master plumber from charging excessive prices. A price is excessive if a licensed master plumber of ordinary prudence would deem the price for a service as unconscionable or overreaching under the circumstances. Subsection (b) sets forth factors to consider when determining if a price is excessive. These include the time and effort required, the novelty of the job, the skill required to perform the job, any special conditions required by the person for whom the job is performed, the experience and ability of the licensed master plumber and the price customarily charged in that locality for similar services. Subsection (c) states that charging an excessive price constitutes occupational misconduct pursuant to N.J.S.A. 45:1-21(e) and may subject the licensed master plumber to disciplinary action.

Subchapter 5 deals with fees. N.J.A.C. 13:32-5.1 sets forth the fees that the Board may charge. This rule has not been amended.

Subchapter 6 outlines continuing education requirements. N.J.A.C. 13:32-6.1 sets forth the continuing education requirements for licensees. Every licensee must take five credits of continuing education every biennial period. A licensee who is renewing his or her license for the first time is exempt from the continuing education requirements. A licensee must indicate on the renewal application that he or she has completed the continuing education requirements for the previous biennial period. A licensee who fails to meet the continuing education requirements, or who falsifies any information submitted to the Board, may be subject to disciplinary measures. Licensees must maintain documentation of attendance at education courses taken over the previous four years. A licensee who teaches a continuing education course is considered to have met the continuing education requirements and must maintain records, for a four-year period, which indicate that he or she taught a continuing education course. The Board can review a licensee's records to ensure completion of the continuing education requirements. Subsection (c) is proposed for deletion to conform with N.J.S.A. 45:1-7.2, which requires licensees who reactivate inactive licenses to complete all the continuing education credits the licensee did not take while on inactive status. Existing subsections (d) and (e) are proposed for recodification as subsections (c) and (d).

N.J.A.C. 13:32-6.2 sets forth standards for the approval of continuing education sponsors. Subsection (a) states that sponsors of continuing education courses must obtain Board approval prior to offering a continuing education course. Subsection (b) requires applicants for Board approval to appear before the Board and submit a course description, curriculum vitae for all instructors and the continuing education sponsor application fee. Subsection (c) requires sponsors to provide each student with a verification of attendance form. Subsection (d) requires sponsors to maintain an attendance log for every course and to send this log to the Board. Subsection (e) requires course sponsors to maintain course evaluations from attendees and instructors as part of their records. Subsection (f) states the Board may observe an instructor during the presentation of a continuing education course, or may conduct an interview with an instructor during a Board meeting, in order to determine the instructor's qualification or knowledge of the course subject matter. Subsection (g) limits the size of a continuing education class to 50 people.

N.J.A.C. 13:32-6.3 outlines how topics for continuing education courses will be determined. Subsection (a) states that three months prior to the beginning of a biennial period the Board will consider what subjects it wishes sponsors to present during the new biennial period. Under subsection (b), the Board will publish a list of the courses decided upon in the New Jersey Register and maintain a copy of this list in the Board offices.

N.J.A.C. 13:32-6.4 sets forth how much credit will be awarded for continuing education courses. Subsection (a) states that one credit of continuing education equals one hour of attendance at a continuing education course. Subsection (b) states that a person who teaches a continuing education course will be given five credits for the biennial period in which he or she is an instructor.

N.J.A.C. 13:32-6.5 allows the Board to waive continuing education requirements for any individual for reasons of hardship or other good cause. The rule states that any licensee who seeks a waiver must apply to the Board in writing and set forth in specific detail the reasons for requesting the waiver.

The Board has determined that the comment period for this proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is excepted from the rulemaking calendar requirement.

Social Impact

The rules proposed for readoption with amendments will continue to ensure the proper practice of plumbing by licensees. The rules establish practice standards and ensure that plumbers remain accountable to the public and the Board. The proposed readoption of the current rules and amendments benefit the Board and licensees by providing procedures for the orderly administration of the Board and by establishing clear practice guidelines.

Certain sections of the readopted rules will directly impact society. The educational and testing requirements of N.J.A.C. 13:32-2.2 and 2.3 ensure that licensed individuals who provide plumbing services are adequately prepared to provide those services in a safe and effective manner.

N.J.A.C. 13:32-3.1 requires licensees to list their name, license number and address or municipality on all commercial vehicles, business correspondence and advertisements. This ensures that the public will know who they are dealing with when they receive plumbing services and can identify licensees to the Board if they encounter any problems with the services they receive. The rule also requires licensees who intend to subcontract, or have subcontracted in the past year, more than one-third of their work to state in all advertisements that they subcontract to independent licensed plumbing subcontractors. This provides the consumer with information that he or she needs when contracting for plumbing services. The responsibilities of a bona fide representative, set forth by N.J.A.C. 13:32-3.3, ensure that bona fide representatives are acting in a way that protects the public. The rule also sets forth requirements for a bona fide representative when subcontracting occurs. This ensures that subcontracted work is performed correctly, is adequately supervised and that the consumer has a recourse if any work is done improperly. N.J.A.C. 13:32- 3.4 requires that all plumbing work be performed by licensees or their employees, helping to ensure that all work is done properly.

N.J.A.C. 13:32-4.1 imposes penalties on individuals who misuse a pressure seal which ensures that only licensed master plumbers will use these seals to obtain plumbing permits. N.J.A.C. 13:32-4.2 imposes similar penalties for the misuse of an identification card. N.J.A.C. 13:32-4.3 allows any consumer who is damaged due to the actions of a licensed master plumber to take action on the plumber's surety bond. This ensures that consumers have recourse when harmed by the actions of a licensed master plumber. N.J.A.C. 13:32-4.5 prevents licensed master plumbers from charging consumers unconscionable prices, ensuring that no one is overcharged for plumbing services.

The continuing education requirements of subchapter six ensure that licensed master plumbers maintain proficiency in plumbing.

The proposed amendments to N.J.A.C. 13:32 will also impact the public. Proposed new rule N.J.A.C. 13:32-2.6 ensures that, when a licensed master plumber on inactive status wishes to return to active status, the licensed master plumber must demonstrate completion of the continuing education requirements. This ensures that licensees who return to active status are still proficient in plumbing. The rule also requires that licensed master plumbers who are suspended because they failed to renew licensure maintain proficiency by completing continuing education requirements and, if the licensed master plumber has been suspended for more than five years, to pass the licensing examination. New N.J.A.C. 13:32-4.1(f) requires licensed master plumbers who have lost a pressure seal to detail why they no longer possess the seal when applying to the Board for a new seal. This should deter deceitful attempts to obtain or use pressure seals.

Economic Impact

Some of the rules proposed for readoption or amendment will have an economic impact on applicants for licensure and licensees.

Subchapter 2 imposes costs on applicants for licensure. These individuals must bear the cost of preparing and submitting an application for the licensing examination and the seal press, completing the educational requirements and taking the licensing examination. While the Board does not charge for the examination, the applicant must pay a fee for the examination. The subchapter also imposes costs on licensees by requiring that all licensees renew licensure biennially. Further costs are imposed on licensees who allow their licensure to lapse, if they wish to have licensure reinstated.

N.J.A.C. 13:32-3.1 requires licensed master plumbers to have certain information on all commercial vehicles, correspondence and advertisements. The cost of complying with these requirements is borne by licensees. N.J.A.C. 13:32-3.2 and 3.3 impose requirements on bona fide representatives to, among other things, register with the Board, supervise employees and report to the Board and consumers when changes occur to the company or the work contracted for. The cost of complying with these requirements is borne by the licensee acting as the bona fide representative.

N.J.A.C. 13:32-4.1 and 4.2 impose penalties when a licensee allows his or her pressure seal or identification card to be used by unauthorized individuals. These penalties can include monetary fines, the cost of which would be borne by the licensed master plumber. In addition, N.J.A.C. 13:32- 4.1 requires licensees who lose a pressure seal to apply to the Board for a replacement seal, the cost of applying for the replacement seal is borne by the licensee. N.J.A.C. 13:32-4.3 allows a consumer to take action on a licensed master plumber's surety bond, if the consumer is damaged by the actions of the licensed master plumber. The cost of any judgment against a licensed master plumber will be borne by that licensed master plumber, from his or her surety bond. N.J.A.C. 13:32-4.4 requires licensees to inform the Board of his or her office address and any changes to the office address. The cost of informing the Board is borne by the licensee.

N.J.A.C. 13:32-5.1 sets forth the fees which the Board assesses for services rendered to its licensees. The fee schedule has an economic impact on licensees and applicants for licensure by establishing fees that they have to pay in order for the Board to be self-funding and in compliance with N.J.S.A. 45:1-3.2.

Subchapter 6 imposes costs on licensees since they will have to pay a fee for the continuing education courses that this rule requires them to take. The Board, however, does not impose nor control the fees for such courses and is unable to estimate what cost the sponsors will impose. The subchapter also impacts those individuals who apply for approval as a sponsor of a continuing education course, as these individuals must pay a fee when applying for approval.

Federal Standards Statement

A Federal standards statement is not required because there are no Federal standards or requirements applicable to the subject matters of the rules proposed for readoption with amendments.

Jobs Impact

The Board does not believe that the rules proposed for readoption in N.J.A.C. 13:32 will result in an increase or decrease in the number of jobs in this State. However, the proposed amendments to the rules may impact jobs. N.J.A.C. 13:32-2.6 prevents a licensed master plumber from practicing if he or she is suspended due to failure to renew a license. This will not change the number of jobs available in the State, but may impact the pool of licensees available to perform those jobs.

Agriculture Industry Impact

The Board does not believe that the rules proposed for readoption with amendments will have any impact on the agriculture industry of this State.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires the Board to give a description of the types and an estimate of the number of small businesses to which the proposal will apply. If the approximately 7,000 master plumbers which the Board licenses are considered "small businesses" for the purposes of the Act, then the following analysis applies.

The Act requires the Board to set forth the reporting, recordkeeping and other compliance requirements of the proposal including the kinds of professional services likely to be needed to comply with the requirements. The Act further requires the Board to estimate the initial and annual compliance costs of the proposal with an indication of the varying impact on small businesses of differing types and sizes and to outline the manner in which it has designed the rules to minimize any adverse economic impact upon small businesses.

The costs imposed on small businesses by the proposal are the same costs that are imposed on all businesses as outlined above in the Economic Impact statement.

The Board does not believe that licensees will need to employ any professional services to comply with the requirements of the rules proposed for readoption with amendments.

The rules proposed for readoption at and amendments to N.J.A.C. 13:32 impose compliance, recordkeeping and reporting requirements on licensees and sponsors of continuing education programs.

The rules impose several compliance requirements. N.J.A.C. 13:32-2.6 requires licensees to renew licensure biennially and requires licensees who renew up to 30 days after the expiration date to pay a late fee. The rule prohibits a person who has been suspended from working as a licensed master plumber and requires that applicants for reinstatement complete an application for renewal, complete continuing education credits and pass the licensing examination if they renew more than five years after being suspended. The rule also requires that a licensed master plumber who is on inactive status and wishes to return to active status show that he or she has completed the continuing education requirements for the periods he or she has been on inactive status.

N.J.A.C. 13:32-3.1 requires licensed master plumbers to have certain information on all commercial vehicles, stationery and advertising. The rule also requires licensed master plumbers to include a statement in their advertisements that they subcontract part of their work if they intend to subcontract more than one-third of their work, or have subcontracted more than one-third of their work during the last year. N.J.A.C. 13:32-3.2 requires a bona fide representative to register with the Board and provide the Board with information regarding the plumbing contractor for which the licensed master plumber is a bona fide representative. The rule also requires the bona fide representative to provide to the Board, upon request, any Federal, State or local government tax documentation. A plumbing contractor whose bona fide representative cannot fulfill the duties of a bona fide representative because of death, illness or disability must obtain a licensed master plumber who will supervise all work in the same manner required by a bona fide representative, if it wishes to continue operations. N.J.A.C. 13:32-3.3 requires a bona fide representative to supervise employees of the plumbing contractor, be responsible for all violations of N.J.S.A. 45:14C-1 et seq. committed by employees of the plumbing contractor, be the bona fide representative for only one plumbing contractor, maintain a place of business in New Jersey and provide supervisory journeymen who work for the plumbing contractor with identification cards. The rule also requires a bona fide representative to subcontract only to plumbing contractors who are sole proprietors or which have a bona fide representative, require the subcontractor to provide permits to the original plumbing contractor, notify the consumer that work has been subcontracted, advise the consumer that he or she can terminate the contract because of the subcontracting, and that the original contractor as well as the subcontractor are liable for any defects or damages, require that the subcontractor notify the original contractor of any complaints by the consumer and supervise the work of the subcontractor. A bona fide representative is also required to have knowledge of the plumbing contractor's finances so as to inform the Board, if requested, about the plumbing contractor's price-setting, billing, costs, subcontractors, overhead costs and profits. N.J.A.C. 13:32-3.4 requires that any work contracted by a licensed master plumber, which is not subcontracted, be performed only by the licensed master plumber or the employees of the plumbing contractor.

N.J.A.C. 13:32-4.1 requires a licensed master plumber to impress the seal onto every application for plumbing permits and to return the seal press if licensure is suspended or revoked. A licensed master plumber who loses a seal press must apply to the Board for a new seal press. N.J.A.C. 13:32-4.2 requires licensed master plumbers to present the Board issued identification card, upon request, when applying for plumbing permits. N.J.A.C. 13:32-4.5 prohibits licensed master plumbers from charging excessive prices for services.

N.J.A.C. 13:32-6.1 requires all licensees to take five credits of continuing education every biennial period. The rule also requires a licensee to indicate on the biennial renewal form that he or she has completed the continuing education requirements for the past biennial period. N.J.A.C. 13:32-6.2 requires all sponsors to obtain Board approval prior to offering a continuing education course. Sponsors must appear before the Board for this approval, pay the continuing education sponsor application fee and submit course descriptions and the curriculum vitae of all instructors. The sponsor is required to provide students with verification of attendance forms and to maintain a log of students who attend a course. The rule limits class size to no more than 50 people.

The rules proposed for readoption with amendments impose reporting and recordkeeping requirements. N.J.A.C. 13:32-3.2 requires plumbing contractors and licensees who are supervising a plumbing contractor's work to notify the Board when the plumbing contractor's bona fide representative is dead or ill. N.J.A.C. 13:32-3.3 requires a bona fide representative to notify the Board of a change in the name or address of a plumbing contractor. N.J.A.C. 13:32- 4.4 requires all licensed master plumbers to notify the Board of his or her office address and notify the Board if the office address or home address changes. N.J.A.C. 13:32-6.1 requires licensees to maintain a record of all verification of attendance forms from continuing education sponsors for a period of four years. N.J.A.C. 13:32-6.2 requires course sponsors to submit an attendance log to the Board. The sponsor also must obtain and keep as part of its records student and instructor evaluations.

As the compliance, reporting and recordkeeping requirements contained in the proposed readoption and amendments as discussed above are necessary to adequately regulate licensees and protect consumers who use their services, the Board believes that the rules must be uniformly applied to all licensees and no exemptions are provided based on the size of the licensee's business.

Smart Growth Impact

The Board does not anticipate that the rules proposed for readoption with amendments will have any impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.

Full text of the proposed readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:32.

Full text of the proposed amendments follows:

<< NJ ADC 13:32-1.1 >>

13:32-1.1 Purpose and scope

The rules contained in this chapter implement the provisions of the State Plumbing Licensing Law <<-of 1968, P.L. 1968, c.362->> (N.J.S.A. <<- 45:1C-1 et seq.->> <<+45:14C-1 et seq.+>>) and provide for the licensing and regulation of master plumbers and the regulation of plumbing contractors.

<< NJ ADC 13:32-1.3 >>

13:32-1.3 Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

"<<-Master->> <<+Licensed master+>> plumber" means a person licensed pursuant to N.J.S.A. 45:14C-1 et seq. who has the qualifications, training, experience and technical knowledge necessary to properly plan, lay out, install and repair plumbing apparatus and equipment and to supervise others in the performance of such work in accordance with the rules established in this chapter.

"Plumbing contractor" means any individual licensed master plumber operating as a sole proprietor who, or a firm, partnership, corporation or other legal entity which undertakes for another the planning, laying out, supervising, installing or making of additions, alterations and repairs in the installation of plumbing who either acts, or has a <<-licensee->> <<+licensed master plumber+>> who acts, as a bona fide representative as required by N.J.S.A. 45:14C-2(d) and (h) and this subchapter.

<< NJ ADC 13:32-2.1 >>

13:32-2.1 <<-Applications->> <<+Eligibility for examinations+>>

<<+(a) To be eligible to take the plumbing license examination an applicant shall:+>>

<<+1. Be 21 years of age or older; and+>>

<<+2. Have completed the experience requirements set forth in N.J.A.C. 13:32-2.2.+>>

<<-(a)->><<+(b)+>>-An applicant for <<-a license as a master plumber->> <<+the plumbing licensing examination+>> shall <<-present proof satisfactory->> <<+submit+>> to the Board <<-that the applicant->>:

<<-1. Is at least 21 years of age;->>

<<-2. Is of good moral character as established by references;->>

<<+1. A completed application for examination, on a form provided by the Board, including a full street name and number. An application containing only a post office box number as a mailing address shall not be considered a complete application;+>>

<<-3. Has->> <<+2. Proof that the applicant has+>> met the experience requirements set forth in N.J.A.C. 13:32-<<-2.23->><<+2.2+>>; <<+ and+>>

<<-4. Has successfully passed the examination required pursuant to N.J.A.C. 13:32-2.3; and->>

<<-5. Has paid the appropriate fees->> <<+3. The application fee+>> as set forth in N.J.A.C. 13:32-5.1.

<<-(b) Upon request, the Executive Director shall furnish an applicant with an application form.->>

(c) <<-In order to be considered by the Board, an applicant shall complete an application in full and shall include a street name and number. An application containing only a post office box number as a mailing address shall not be considered a complete application.->> <<+After the Board has reviewed the information required in (b) above, the Board shall send a letter that informs the applicant whether he or she is eligible to take the licensing examination required by N.J.A.C. 13:32-2.4 and, if deemed eligible, of the time and place of examination.+>>

<< NJ ADC 13:32-2.3 >>

13:32-2.3 Examinations

(a) Examinations shall be prepared and administered by <<-a Board approved testing service->> <<+Experior Assessments, LLC., or its successor,+>> but no license shall be granted except by the Board. The Board chairman may designate members of the Board to oversee the administration of the examination.

(b) (No change.)

<<-(c) The Board shall mail an examination registration form to approved applicants in advance, notifying them of the time and place of examinations.->>

<<-(d)->><<+(c)+>>-Examinations <<-may->> <<+shall+>> consist of three parts:

1. Written examination based on the National Standard Plumbing Code as adopted by the State of New Jersey pursuant to the Uniform Construction <<+ Code+>> Act<<+, N.J.S.A. 52:27D-119 et seq.+>>;

2. Practical <<-by actual demonstration or oral->> examination; and

3. Written examination of laws and regulations governing the occupation and business of plumbing.

<<-(e)->><<+(d)+>>-In order to pass the examination an applicant must receive a minimum grade of 70 <<+in each of the three areas outlined in (c) above+>>.

<< NJ ADC 13:32-2.4 >>

13:32-2.4 Failure of examination; when retaking permitted

(a) An applicant who has failed the <<+plumbing licensing+>> examination may review his or her examination upon written request to <<-the Board- approved testing service->> <<+Experior Assessments, LLC., or its successors,+>> and payment to the testing service of its review fee.

(b) (No change.)

<< NJ ADC 13:32-2.5 >>

<<+13:32-2.5 Licensure+>>

<<+(a) After an applicant has successfully passed the licensing examination, he or she shall submit to the Board:+>>

<<+1. A surety bond in the sum of $3,000 as required pursuant to N.J.S.A. 45:14C-26;+>>

<<+2. A completed application for a pressure seal; and+>>

<<+3. The licensing fee as set forth in N.J.A.C. 13:32-5.1.+>>

<< NJ ADC 13:32-2.6 >>

<<+13:32-2.6 Renewal of license+>>

<<+(a) Licenses shall be renewed biennially on a form provided by the Board. Each applicant for renewal shall attest that the continuing education requirements of N.J.A.C. 13:32-6.1 have been completed during the prior biennial period.+>>

<<+(b) The Board shall send a notice of renewal to each licensed master plumber, 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 holder for failure to renew.+>>

<<+(c) The licensed master plumber shall submit the renewal application and pay the renewal fee pursuant to N.J.A.C. 13:32-5.1 prior to the date of expiration of the license. If the licensed master plumber does not renew the license prior to its expiration date, the licensed master plumber may renew the license no later than 30 days after its expiration date by submitting a renewal application and paying a renewal fee and a late fee pursuant to N.J.A.C. 13:32-5.1. A licensed master plumber who fails to renew the license within 30 days after the expiration date of the license shall be suspended without a hearing.+>>

<<+(d) A person who continues to practice or hold him or herself out as a licensed master plumber after being suspended shall be deemed to have committed unlicensed practice pursuant to N.J.S.A. 45:14C-12.3, even if no notice of suspension has been provided to the person.+>>

<<+(e) A person seeking reinstatement within five years following the suspension of a license shall submit the following to the Board:+>>

<<+1. A completed reinstatement application;+>>

<<+2. Payment of all past delinquent renewal fees as set forth in N.J.A.C. 13:32-5.1;+>>

<<+3. Payment of a reinstatement fee as set forth in N.J.A.C. 13:32- 5.1;+>>

<<+4. A certification verifying completion of the continuing education credits required pursuant to N.J.A.C. 13:32-6.1 for each year the license is suspended; and+>>

<<+5. An affidavit of employment listing each job held during the period of suspension which includes the names, addresses, and telephone numbers of each employer.+>>

<<+(f) A person seeking reinstatement after more than five years following the suspension of a license shall successfully complete the examination required for initial licensure as set forth in N.J.A.C. 13:32-2.3 and shall submit:+>>

<<+1. A completed reinstatement application;+>>

<<+2. Payment of all past delinquent renewal fees as set forth in N.J.A.C. 13:32-5.1;+>>

<<+3. Payment of a reinstatement fee as set forth in N.J.A.C. 13:32-5.1; and+>>

<<+4. An affidavit of employment listing each job held during the period of suspension which includes the names, addresses, and telephone numbers of each employer.+>>

<<+(g) Renewal applications for all licensed master plumbers shall provide the applicant with the option of either active or inactive renewal. Applicants electing to renew as inactive shall not practice or hold themselves out to the public as licensed master plumbers. A licensed master plumber renewing as inactive shall submit to the Board:+>>

<<+1. A completed renewal application; and+>>

<<+2. The pressure seal.+>>

<<+(h) Upon application to the Board, the Board may permit an applicant who has been on inactive status to return to active status provided such applicant completes the continuing education credits that are required per biennial period for each biennial period that the applicant is on inactive status and the applicant pays the renewal fee as set forth in N.J.A.C. 13:32-5.1. The Board shall return the licensed master plumber's pressure seal when the licensed master plumber returns to active status.+>>

<< NJ ADC 13:32-3.1 >>

13:32-3.1 Identification of <<-licensee->> <<+licensed master plumber+>>; vehicles, stationery; advertising

(a) All commercial vehicles used in the practice of State-licensed master plumbing shall be marked on both sides with the following information:

1.-2. (No change.)

3. The name of the owner or lessee of the vehicle and the municipality from which the <<-licensee->> <<+licensed master plumber+>> practices or where the <<-licensee->> <<+licensed master plumber+>> has a principal office in lettering at least three inches in height.

i. (No change.)

(b)-(d) (No change.)

(e) If a plumbing contractor intends to subcontract, in a calendar year, more than one-third of the work which it contracts to perform, <<+or subcontracted in the previous calendar year more than one-third of the work which it contracted to perform,+>> all advertising by the plumbing contractor shall state: "A substantial part of the work which we undertake may be performed by independent licensed plumbing subcontractors."

<<-(f) If a plumbing contractor, in a calendar year, subcontracts more than one-third of the work which it originally contracts to perform, all advertising for the following calendar year shall state: "A substantial part of the work which we undertake may be performed by independent licensed plumbing subcontractors."->>

<< NJ ADC 13:32-3.2 >>

13:32-3.2 Bona fide representative; reporting responsibilities

(a) A <<-licensee->> <<+licensed master plumber+>> seeking to act as a bona fide representative for any firm, partnership, corporation or other legal entity contemplated by N.J.S.A. 45:14C-2 shall comply with the following within 30 days of assuming the role of a bona fide representative:

1. (No change.)

2. Attest to the bona fide representative's ownership interest in the plumbing contractor as follows:

i. If a <<-licensee->> <<+licensed master plumber+>> claims to hold 10 percent or more but less than 50 percent of the issued and outstanding stock or capital of the plumbing contractor, the <<-licensee->> <<+ licensed master plumber+>> shall provide the Board with a written affidavit which states the percentage of outstanding shares held by the <<- licensee->> <<+licensed master plumber+>>. The affidavit shall be executed by the corporate secretary or other appropriate representative of the plumbing contractor;

ii. If a <<-licensee->> <<+licensed master plumber+>> claims to hold 50 percent or more of the issued and outstanding stock or capital of the plumbing contractor, the <<-licensee->> <<+licensed master plumber+>> shall provide a written affidavit which states the percentage of outstanding shares held by the <<-licensee->> <<+licensed master plumber+>> upon a request by the Board. The affidavit shall be executed by the corporate secretary or other appropriate representative of the plumbing contractor;

3.-4. (No change.)

(b)-(c) (No change.)

(d) If the bona fide representative for any firm, partnership, corporation or other legal entity contemplated by N.J.S.A. 45:14C-2 is unable to perform the duties of a bona fide representative because of death, illness or disability, the firm, partnership, corporation or other legal entity may continue to operate for six months without a bona fide representative provided that a <<-licensee->> <<+licensed master plumber+>> supervises all work to be conducted in the same manner as required by a bona fide representative pursuant to N.J.A.C. 13:32-3.3(a)3 and the <<-licensee->> <<+ licensed master plumber+>> and the firm, partnership, corporation or other legal entity notify the Board within 10 days after the death, illness or disability of the bona fide representative.

<< NJ ADC 13:32-3.3 >>

13:32-3.3 Bona fide representative responsibilities

(a) A bona fide representative registered with the Board pursuant to N.J.A.C. 13:32-3.2 shall:

1. (No change.)

2. Secure or instruct an authorized employee, or for the purpose of this section only, an independent contractor licensed as a master plumber, to secure all necessary permits as may be required by State and local law for the performance of plumbing work to be performed by the plumbing contractor for which the <<-licensee->> <<+licensed master plumber+>> acts as a qualified bona fide representative. In making an application for permit issuance, the authorized employee or independent plumbing contractor shall have in his or her possession a letter authorizing him or her to make the application. A letter of authorization may authorize a permit application for a specific period of time, not to exceed 60 days, and shall have affixed to it the seal of the bona fide representative. In all circumstances, the permit shall be signed by a <<-licensee->> <<+licensed master plumber+>> and all work shall be supervised in the manner set forth in (a)3 below;

3. Supervise in the manner described in (a)3i through iv below the performance of all plumbing work performed by the plumbing contractor for which the <<-licensee->> <<+licensed master plumber+>> acts as the bona fide representative. Such supervision shall assure the effective compliance with State and local plumbing codes and the performance of work in accordance with proper plumbing practice;

i. If the person performing the work is a New Jersey <<- licensee->> <<+licensed master plumber+>>, the bona fide representative shall require at the beginning of the job an initial report on the work to be performed and upon completion of the job a final report on the work performed;

ii. If the person performing the work is a supervisory journeyman, the bona fide representative or a New Jersey <<-licensee->> <<+licensed master plumber+>> employed by the bona fide representative shall maintain daily contact with the supervisory journeyman either directly, by telephone or through writing. Any such contact shall be recorded by and maintained in the files of the bona fide representative or the New Jersey <<- licensee->> <<+licensed master plumber+>> employed by the bona fide representative;

iii. If the person performing the work is a journeyman, the bona fide representative, a New Jersey <<-licensee->> <<+licensed master plumber+>> employed by the bona fide representative or the supervisor journeyman shall maintain daily contact with the journeyman either directly, by telephone or through writing and, where the work requires a plumbing permit, shall inspect the work upon completion. Any such contact shall be recorded by the bona fide representative, the New Jersey <<- licensee->> <<+licensed master plumber+>> employed by the bona fide representative or the supervisory journeyman; and

iv. If the person performing the work is an apprentice, the bona fide representative shall ensure constant on-site supervision by a New Jersey <<-licensee->> <<+licensed master plumber+>> employed by the bona fide representative or a supervisory journeyman during all times that plumbing services are being performed;

4.-7. (No change.)

(b) Nothing herein shall preclude the Board from proceeding against both the bona fide representative for an entity or any other <<-licensee->> <<+ licensed master plumber+>> employed by such an entity who can be shown to have violated the Board's enabling legislation or any regulation adopted thereunder. Nothing shall preclude any person entitled to maintain an action on a bond from proceeding pursuant to N.J.A.C. 13:32-4.3 against the bona fide representative and any other <<-licensee->> <<+licensed master plumber+>> who has failed to perform the duties required by N.J.S.A. 45:14C-1 et seq.

(c)-(d) (No change.)

<< NJ ADC 13:32-3.4 >>

13:32-3.4 Supervision

Any <<-and all->> plumbing work <<-supervised by->> <<+that+>> a licensed master plumber <<+agrees to perform, that has not been subcontracted to another licensed master plumber,+>> shall be performed only by the <<- licensee's or plumbing contractor's employees->> <<+licensed master plumber or the employees of the licensed master plumber or the plumbing contractor+>>.

<< NJ ADC 13:32-4.1 >>

13:32-4.1 Requirement of pressure seal; penalties for misuse; return of pressure seal

(a) At the time of the issuance of the license <<-or as soon thereafter as deemed appropriate,->> the Board <<-of Examiners of Master Plumbers->> shall furnish a seal to <<-every State-->> <<+the+>> licensed master plumber. <<-The cost of the seal shall be paid for by the State-licensed master plumber to whom it is issued. The seal shall be used exclusively by the State-licensed master plumber in the conduct of his or her practice including service as a bona fide representative consistent with N.J.A.C. 13:32-3.2. The State-licensed Master plumber is required to impress the said seal upon all applications for plumbing permits by the appropriate duly licensed State inspection agency.->>

(b) <<-An example of such pressure seal shall be duly impressed upon the master plumber's application for license renewal.->> <<+The seal shall be used exclusively by the licensed master plumber in the conduct of the plumbing business practice. The licensed master plumber shall impress the seal upon all applications for plumbing permits.+>>

(c) Use of a seal by any person other than the State licensed master plumber to whom it was issued or the securing of a plumbing permit for an unlicensed person shall be deemed to be the use or employment of dishonesty, fraud, deception, misrepresentation or false pretense. Such conduct may be grounds for the suspension or revocation of the license of <<-the->> <<+an+>> unauthorized user if he or she is already licensed by the Board. With respect to an unlicensed user, such conduct shall be grounds for the refusal to issue a State license at any point in the future. Nothing herein shall be deemed to preclude a bona fide representative from securing a plumbing permit for the plumbing contractor he or she represents.

(d) A <<-licensee->> <<+licensed master plumber+>> who willfully or negligently allows an unlicensed <<-and->> <<+or+>> unauthorized person to use his or her seal shall be subject to such penalties and sanctions as shall be imposed by the Board pursuant to authority granted by N.J.S.A. 45:14C-1 and 45:1-14 et seq.

(e) A <<-licensee->> <<+licensed master plumber+>> who fails to renew the <<-State->> license in accordance with N.J.S.A. <<-45:14C- 18->> <<+45:1-7.1+>> or who has had his or her license suspended or revoked for any reason shall <<-immediately->> return the pressure seal to the Board <<+within 30 days of the suspension, revocation or lapse of license+>>.

<<+(f) A licensed master plumber who no longer possesses a pressure seal due to theft, loss or other cause, shall replace the seal by submitting to the Board:+>>

<<+1. A notarized letter, detailing why the licensed master plumber no longer possesses the pressure seal; and+>>

<<+2. The replacement pressure seal fee pursuant to N.J.A.C. 13:32- 5.1.+>>

<< NJ ADC 13:32-4.2 >>

13:32-4.2 Requirement of identification card

(a) At the time of the biennial renewal of the license, the <<-State->> Board <<-of Examiners of Master Plumbers->> shall furnish a wallet size identification card to every <<-licensee->> <<+licensed master plumber+>>. The card shall be used exclusively by the <<- licensee->> <<+licensed+>> master plumber in the conduct of his or her practice. A <<-State-->>licensed master plumber is required to present <<-said->> <<+the+>> identification card upon request <<-to the appropriate duly licensed inspection agency upon all applications->> <<+when applying+>> for plumbing permits.

(b) Use of an identification card by any person<<+,+>> other than <<-a licensee->> <<+the licensed master plumber+>> to whom <<-it->> <<+ the identification card+>> is issued or <<-his or her duly authorized->> <<+by the+>> agent <<-acting on the licensee's behalf->> <<+authorized to act on behalf of the licensed master plumber,+>> shall be deemed to be the use or employment of dishonesty, fraud, deception, misrepresentation or false pretense. Such conduct shall be unlawful and may be grounds for the suspension or revocation of the license of the unauthorized user if he or she is already licensed by the Board. With respect to an unlicensed user, such conduct shall be grounds for the refusal to issue a State license <<-at any point->> in the future.

(c) A <<-licensee->> <<+licensed master plumber+>> who willfully or negligently allows an unlicensed <<-and->> <<+or+>> unauthorized person to use his or her identification card shall be deemed to have engaged in occupational misconduct and shall be subject to such penalties and sanctions as shall be imposed by the Board pursuant to authority granted by N.J.S.A. 45:14C-1 and 45:1-14 et seq.

<< NJ ADC 13:32-4.3 >>

13:32-4.3 <<-Bond; action->> <<+Actions+>> on the <<+surety+>> bond

<<-(a) An applicant who has passed the examination and furnished the Board with a bond in the sum of $3,000 as required pursuant to N.J.S.A. 45:14C-25 shall be issued a State master plumber's license.->>

<<-(b)->><<+(a)+>>-Any person, partnership or corporation including any political subdivision of State government who has been injured, aggrieved or damaged through the failure of <<-the obligor->> <<+a licensed master plumber+>> to perform the duties required by N.J.S.A. 45:14C-1 et seq. or any rule of the Board shall be eligible to receive the financial protection of, and may maintain an action on <<-such->> <<+the surety+>> bond.

<< NJ ADC 13:32-4.4 >>

13:32-4.4 Change of address; service of process

(a) Every <<-licensee->> <<+licensed master plumber+>> shall notify the Board <<+in writing+>> of the <<-licensee's->> <<+licensed master plumber's+>> office address. Every <<-licensee->> <<+licensed master plumber+>> shall <<-give notice->> <<+notify the Board+>> in writing <<-to the Board->> of any change in his or her residence or business within 10 days after such change.

(b) Service of an administrative complaint or other process initiated by the Board, the Attorney General or the Division of Consumer Affairs at the <<- licensee's->> <<+licensed master plumber's+>> address on file with the Board shall be deemed adequate notice for the commencement of any inquiry or disciplinary proceeding against the <<-licensee->> <<+licensed master plumber+>>.

<< NJ ADC 13:32-4.5 >>

13:32-4.5 Unconscionable pricing

(a) A <<-licensee->> <<+licensed master plumber+>> of the Board <<- of Examiners of Master Plumbers->> shall not charge an excessive price for services. A price is excessive when, after review of the facts, a <<- licensee->> <<+licensed master plumber+>> of ordinary prudence would be left with a definite and firm conviction that the price is so high as to be manifestly unconscionable or overreaching under the circumstances.

(b) Factors which may be considered in determining whether a price is excessive include, but are not limited to, the following:

1.-4. (No change.)

5. The experience, reputation and ability of the <<-licensee->> <<+ licensed master plumber+>> to perform the services; and

6. (No change.)

(c) Charging an excessive price shall constitute occupational misconduct within the meaning of N.J.S.A. 45:1-21(e) and may subject the <<- licensee->> <<+licensed master plumber+>> to disciplinary action.

<< NJ ADC 13:32-6.1 >>

13:32-6.1 License renewal, continuing education requirement

(a)-(b) (No change.)

<<-(c) A person whose license is inactive shall not be required to take continuing education courses during the period of inactive status. A person who wishes to reactivate his or her license shall successfully complete continuing education credits for the biennial period immediately preceding his or her reactivation.->>

Recodify existing (d)-(e) as <<+(c)-(d)+>> (No change in text.)


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Rule Proposals State Board of Examiners of Master Plumbers Consumer Affairs
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Posted November 4, 2002