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VOLUME 46, ISSUE 20
ISSUE DATE: October 20, 2014
RULE PROPOSALS

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
New Jersey State Board of Architects


Proposed Amendments: N.J.A.C. 13:27-4.1, 4.2, 8.5, and 9.4

Proposed New Rules: N.J.A.C. 13:27-4.4, 8.5A, and 9.4A

Credit Towards Licensure or Certification for Education, Training, or Experience Received While Serving as a Member of the Armed Forces
 
Authorized By: New Jersey State Board of Architects, Charles Kirk, Acting Executive Director.
 
Authority: N.J.S.A. 45:1-15, 45:3-3, and 45:3-5; and P.L. 2013, c. 49.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2014-170.
 
Submit comments by December 19, 2014, to:
 
   Charles Kirk, Acting Executive Director
   New Jersey State Board of Architects
   124 Halsey Street
   P.O. Box 45001
   Newark, New Jersey 07101
 
or electronically at: www.NJConsumerAffairs.gov/proposal/comment/.
 
The agency proposal follows:
 
Summary

The State Board of Architects (Board) is proposing to add new rules to N.J.A.C. 13:27 to implement P.L. 2013, c. 49 (the Act), which mandates that a professional or occupational Board designated in section 2 of P.L. 1978, c. 73 (N.J.S.A. 45:1-15), that issues a professional or occupational license, certificate of registration, or certificate for which professional training, education, or experience is required, give credit towards its requirements for licensure or certification for any portion of the training, education, and experience received while serving as a member of the Armed Forces of the United States (Armed Forces) that is substantially equivalent to the training, education, or experience required for licensure or certification.

Proposed new N.J.A.C. 13:27-4.1(c) and 4.2(b) direct applicants seeking credit for education, training, and experience gained while in the military to follow the procedure set forth in proposed new N.J.A.C. 13:27-4.4.

Proposed new N.J.A.C. 13:27-4.4(a) would permit an applicant for an architect's license who has been honorably discharged from the Armed Forces to apply to the Board for recognition of the applicant's training, education, and experience received while serving as a member of the Armed Forces as being substantially equivalent to the training, education, and experience required by the Board for licensure.

[page=2070] Proposed new N.J.A.C. 13:27-4.4(b) sets forth the evidence that the applicant would be required to provide to establish that the relevant education, training, and experience received while in the military is substantially equivalent in scope and character to the education, training, and experience required by the Board for licensure.

Proposed new N.J.A.C. 13:27-4.4(b)2i would require the applicant to submit verification of his or her military experience and training to the Board and to the National Council of Architect Registration Boards (NCARB) for determining substantial equivalence to three years of experience in the Intern Development Program (IDP) administered by NCARB.

Proposed new N.J.A.C. 13:27-4.4(b)2ii sets forth the procedure that an applicant must follow to have his or her military education and/or training evaluated for substantial equivalence to a National Architectural Accrediting Board (NAAB) accredited program. The Board would consider only those education or training courses relevant to the practice of architecture that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula.

Proposed new N.J.A.C. 13:27-8.5(b) directs applicants for landscape architects licenses seeking credit for education, training, and experience gained while in the military to follow the procedure set forth in proposed new N.J.A.C. 13:27-8.5A.

Proposed new N.J.A.C. 13:27-8.5A(a) would permit an applicant for a landscape architect's license who has been honorably discharged from the Armed Forces to apply to the Board for recognition of the applicant's training, education, and experience received while serving as a member of the Armed Forces as being substantially equivalent to the training, education, and experience required for licensure.

Proposed new N.J.A.C. 13:27-8.5A(b) sets forth the evidence that the applicant would be required to provide to establish that the relevant education, training, and experience received while in the military is substantially equivalent in scope and character to the education, training, and experience required by the Board for licensure.

Proposed new N.J.A.C. 13:27-8.5A(b)2i would require the applicant to submit verification of his or her military experience and training to the Board for determining substantial equivalence to the Board's experience requirement. If the applicant has a record with the Council of Landscape Architects Registration Boards (CLARB), the applicant may submit his or her military record to CLARB instead of the Board.

Proposed new N.J.A.C. 13:27-8.5A(b)2ii sets forth the equivalence standards by which an applicant's military education is to be measured and the procedure that an applicant must follow to have his or her military education and/or training evaluated for substantial equivalence to a Landscape Architectural Accreditation Board (CLARB) accredited program. The Board would consider only those education or training courses relevant to the practice of landscape architecture that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula.

Proposed new N.J.A.C. 13:27-9.4(f) directs applicants for interior designer licenses seeking credit for education, training, and experience gained while in the military to follow the procedure set forth in proposed new N.J.A.C. 13:27-9.4A.

Proposed new N.J.A.C. 13:27-9.4A(a) would permit an applicant for a certificate in interior design who has been honorably discharged from the Armed Forces to apply to the Interior Design Examination and Evaluation Committee of the Board (Committee) for recognition of the applicant's training, education, and experience received while serving as a member of the Armed Forces, which the Committee and Board must consider, together with any training, education, and experience obtained outside of the Armed Forces, as being substantially equivalent to the training, education, and experience required for certification.

Proposed new N.J.A.C. 13:27-9.4A(b) sets forth the evidence that the applicant would be required to provide to establish that the relevant education, training, and experience received while in the military is substantially equivalent in scope and character to the education, training, and experience required by the Board for certification.

Proposed new N.J.A.C. 13:27-9.4A(b)2i would require the applicant to submit verification of his or her military experience and training to the Committee for determining substantial equivalence to the Committee's experience requirements.

Proposed new N.J.A.C. 13:27-9.4A(b)2ii sets forth the procedure that an applicant must follow to have his or her education or training evaluated for substantial equivalence to a Council for Interior Design (CIDA) accredited program. The Committee would consider only those education or training courses relevant to the practice of interior design that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula.

Proposed new N.J.A.C. 13:27-4.4(b)3, 8.5A(b)3, and 9.4A(b)3 would require that the applicant comply with all other requirements for licensure, including successful completion of the examination requirement.

Under proposed new N.J.A.C. 13:27-4.4(c), 8.5A(c), and 9.4A(c), the applicant would be responsible for providing complete evidence of the education, training, and/or experience gained in the military for review and consideration. If all of the applicant's military training, education or experience is deemed not substantially equivalent to the Board's or Committee's requirements, proposed new N.J.A.C. 13:27-4.4(d), 8.5A(d), and 9.4A(d) would require the Board to credit whatever portion of the applicant's military training, education, or experience it deems to be substantially equivalent towards meeting the requirements of licensure or certification, as the case may be. Additionally, proposed new N.J.A.C. 13:27-4.4(e), 8.5A(e), and 9.4A(e) provide that evidence of such education, training, or experience will be assessed on a case-by-case basis.

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

The Board has determined that the proposed new rules and amendments would help New Jersey veterans transition from military to civilian life. New Jersey veterans who have received relevant training, education, and experience while in the military would be able to have that training, education, and experience evaluated for substantial equivalence to Board or Committee requirements. Whatever portion of the veteran's training, education, and/or experience is found to be substantially equivalent would be credited towards the requirements for licensure or certification, as appropriate. This procedure would create an efficient process for licensing or certifying veterans who have received valuable education and work skills while in the military in professional careers, benefitting veterans as noted in the Economic Impact statement below. Prospective employers may also benefit from the increased pool of qualified potential employees. The Board anticipates that the proposed new rules and amendments would have no adverse effect on public health, safety, or welfare.
 
Economic Impact

The Board believes that the proposed new rules and amendments may have a positive economic impact on New Jersey veterans. Crediting substantially equivalent education received in the military towards the requirements for licensure and certification may save veterans tuition costs for duplicative education; crediting substantially equivalent training and experience may save veterans time in achieving licensure or certification. Obtaining licensure or certification may translate into landing higher paying jobs more quickly, which, in turn, may economically benefit the State through increased tax revenues and decreased unemployment.
 
Federal Standards Statement

A Federal standards analysis is not required because the proposed amendments and new rules are governed by P.L. 2013, c. 49 and N.J.S.A. 45:3-5, 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, other than as discussed in the Economic Impact above.
 
Agriculture Industry Impact

The proposed amendments and new rules will have no impact on the agriculture industry in the State.
 
[page=2071] Regulatory Flexibility Statement

The Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., requires the Board to give a description of the types and an estimate of the number of small businesses to which the notice of proposal will apply. A regulatory flexibility analysis is not required because the notice only applies to applicants for licensure or certification who are not considered small businesses because they do not yet have a license to practice architecture or landscape architecture, or a certification to provide interior design services.
 
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 new rules and amendments require the Board or the Committee to grant credit for substantially equivalent education, training, and experience received while in the Armed Forces towards licensure or certification, as the case may be.
 
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 new rules and amendments require the Board or the Committee to grant credit for substantially equivalent education, training, and experience received while in the Armed Forces towards licensure or certification, as the case may be.
 
Full text of the proposed new rules and amendments follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 4.    LICENSING REQUIREMENTS; BIENNIAL RENEWAL; CERTIFICATES OF AUTHORIZATION
 
13:27-4.1   Requirements for admission to examination; applicants seeking credit for military education, training, or experience
 
(a)-(b) (No change.)
 
(c) If the applicant is seeking credit for military education, training, or experience, the applicant shall follow the procedures set forth at N.J.A.C. 13:27-4.4.
 
13:27-4.2   Applicant with a degree from a college, [or] university, or military education or training course not accredited by NAAB
 
(a) (No change.)
 
(b) If the applicant is seeking credit for education obtained in the military that is not accredited by NAAB, the applicant shall follow the procedures set forth at N.J.A.C. 13:27-4.4.
 
13:27-4.4   [(Reserved)] Credit towards licensure for education, training, and experience received while serving as a member of the Armed Forces
 
(a) An applicant who has served in the Armed Forces of the United States (Armed Forces) may apply to the Board for recognition of the applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Board shall consider, together with any training, education, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for licensure.
 
(b) The Board shall issue a license to the applicant, if the applicant presents evidence to the Board that:
 
1. The applicant has been honorably discharged from active military service;
 
2. The relevant training, experience, and education the applicant received in the military, together with any training, education, and experience obtained outside of the Armed Forces is substantially equivalent in scope and character to the training, experience, and education required for licensure under this subchapter.
 
i. An applicant seeking credit for military training and experience shall submit to the Board and to the National Council of Architect Registration Boards (NCARB) the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586 or a successor form, as amended and supplemented.
 
ii. An applicant seeking credit for education courses and/or training completed while in the military, who does not hold a degree from an NAAB-accredited architecture program shall submit to Education Credential Evaluators, Inc., or other evaluation services recognized and approved by the Board, a Joint Services Transcript of his or her education/training for certification that the education courses and/or training completed is substantially equivalent in level, scope, and intent to an NAAB-accredited program. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Board shall consider only those education courses and/or training relevant to the practice of architecture that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula; and
 
3. The applicant complies with all other requirements for licensure under this subchapter, including, but not limited to, successful completion of all divisions of the Architect Registration Examination as set forth in N.J.A.C. 13:27-4.3.
 
(c) It is the applicant's responsibility to provide complete evidence of the education, training, and experience gained in the military for review and consideration in accordance with the requirements of this subchapter.
 
(d) If the applicant's military training, education, or experience, or a portion thereof, is deemed not to be substantially equivalent to that required for licensure, the Board shall credit whatever portion of the military training, education, or experience that is substantially equivalent towards meeting the requirements under this subchapter for the issuance of the license.
 
(e) Satisfactory evidence of such education, training, or experience shall be assessed on a case-by-case basis.
 
SUBCHAPTER 8.    LICENSED LANDSCAPE ARCHITECTS
 
13:27-8.5   Application for initial licensure; applicants seeking credit for military education, training, or experience
 
(a) (No change.)
 
(b) If the applicant is seeking credit for military education, training, or experience, the applicant shall follow the procedure set forth in N.J.A.C. 13:27-8.5A.
 
13:27-8.5A   Credit towards licensure for education, training, and experience received while serving as a member of the Armed Forces
 
(a) An applicant who has served in the Armed Forces of the United States (Armed Forces) may apply to the Board for recognition of the applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Board shall consider, together with any training, education, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for licensure.
 
(b) The Board shall issue a license to the applicant if the applicant presents evidence to the Board that:
 
1. The applicant has been honorably discharged from active military service;
 
2. The relevant training, experience, and education the applicant received in the military, together with any training, education, and experience obtained outside of the Armed Forces is substantially equivalent in scope and character to the training, experience, and education required for licensure under this subchapter.
 
i. An applicant seeking credit for military training and experience shall submit to the Board the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586 or a successor form, as amended and supplemented. If the applicant has [page=2072] opened a Council of Landscape Architectural Registration Boards (CLARB) record, the applicant may submit his or her DD Form 2586 or a successor form, as amended and supplemented, to CLARB instead of the Board for an evaluation of his or her military experience and training.
 
ii. An applicant seeking credit for education or training courses completed while in the military shall submit to Education Credential Evaluators, Inc., or other evaluation services recognized by the Board, a Joint Military Transcript of the education and training completed by the applicant while in the military, for certification that this education or training is substantially equivalent in level, scope, and intent to courses that are part of a Landscape Architectural Accreditation Board accredited program. For the purpose of determining substantial equivalence of the applicant's military education or training, the Board shall consider only those education or training courses relevant to the practice of landscape architecture that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula; and
 
3. The applicant complies with all other requirements for licensure under this subchapter, including but not limited to, successful completion of the Landscape Architect Registration Examination as set forth in N.J.A.C. 13:27-8.5.
 
(c) It is the applicant's responsibility to provide complete evidence of the education, training, and experience gained in the military for review and consideration in accordance with the requirements of this subchapter.
 
(d) If the applicant's military training, education, or experience, or a portion thereof, is deemed not to be substantially equivalent to that required for licensure, the Board shall credit whatever portion of the military training, education, or experience that is substantially equivalent towards meeting the requirements under this subchapter for the issuance of the license.
 
(e) Satisfactory evidence of such education, training, or experience shall be assessed on a case-by-case basis.
 
SUBCHAPTER 9.    INTERIOR DESIGN EXAMINATION AND EVALUATION COMMITTEE; CERTIFICATION OF INTERIOR DESIGNERS; CERTIFIED INTERIOR DESIGNER STANDARDS OF PRACTICE
 
13:27-9.4   Application for initial certification by examination; applicants seeking credit for military education, training, or experience
 
(a)-(e) (No change.)
 
(f) If the applicant is seeking credit for military education, training, or experience, the applicant shall follow the procedures set forth in N.J.A.C. 13:27-9.4A.
 
Recodify existing (f)-(h) as (g)-(i) (No change in text.)
 
13:27-9.4A   Credit towards certification for education, training, and experience received while serving as a member of the Armed Forces
 
(a) An applicant who has served in the Armed Forces of the United States (Armed Forces) may apply to the Committee for recognition of the applicant's training, education, or experience received while serving as a member of the Armed Forces, which the Committee and the Board shall consider, together with any training, education, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the training, education, and experience required for certification.
 
(b) The Board shall issue a certificate to the applicant, if the applicant presents evidence to the Committee that:
 
1. The applicant has been honorably discharged from active military service;
 
2. The relevant training, experience, and education the applicant received in the military, together with any training, education, and experience obtained outside of the Armed Forces is substantially equivalent in scope and character to the training, experience, and education required for certification under this subchapter.
 
i. An applicant seeking credit for military training and experience shall submit to the Committee the applicant's Verification of Military Experience and Training (VMET) Document, DD Form 2586 or a successor form, as amended and supplemented.
 
ii. An applicant seeking credit for education or training courses completed while in the military that are not part of a design program accredited by the Council for Interior Design (CIDA) accreditation shall submit to the Committee, a Joint Services Transcript of his or her education or training for a determination that the education or training program completed is substantially equivalent in level, scope, and intent to a CIDA-accredited program as required for certification under N.J.A.C. 13:27-9.4(a)5. For the purpose of determining substantial equivalence of the applicant's military education or training, the Committee shall consider only those courses relevant to the practice of interior design that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula; and
 
3. The applicant complies with all other requirements for certification under this subchapter, including, but not limited to, successful completion of the National Council on Interior Design Qualification examination as set forth in N.J.A.C. 13:27-9.4.
 
(c) It is the applicant's responsibility to provide complete evidence of the education, training, and experience gained in the military for review and consideration in accordance with the requirements of this subchapter.
 
(d) If the applicant's military training, education, or experience, or a portion thereof, is deemed not to be substantially equivalent to that required for certification, the Board shall credit whatever portion of the military training, education, or experience that is substantially equivalent towards meeting the requirements under this subchapter for the issuance of the certification.
 
(e) Satisfactory evidence of such education, training, or experience shall be assessed on a case-by-case basis.

 

If you wish to submit comments about this rule proposal, please fill out the form below. When you have completed the form, click the "Submit Your Comments" button below.

Last Name :

First Name:

Professional Organization, Association or Affiliation, if any:

E-Mail Address:

PRN 2014-185

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