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VOLUME 46, ISSUE 22
ISSUE DATE: November 17, 2014
RULE PROPOSALS

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
State Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors


Proposed New Rule: N.J.A.C. 13:32A-2.7

Credit Towards Licensure for Education, Training, and Experience Received While Serving as a Member of the Armed Forces
 
Authorized By: State Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors, Rosemarie Baccile, Acting Executive Director.
 
Authority: N.J.S.A. 45:16A-4 and P.L. 2013, c. 49.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2014-194.
 
Submit written comments by January 16, 2015, to:
 
   Rosemarie Baccile, Acting Executive Director
   State Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors
   PO Box 45008
   Newark, NJ 07101
   or electronically at: www.NJConsumerAffairs.gov/proposal/comment/.
 
The agency proposal follows:
 
Summary

The State Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors (Board) proposes new rules to implement P.L. 2013, c. 49. This statute mandates that a professional or occupational board give credit towards its training, education, and experience requirements for any training, education, or experience an applicant received while serving as a member of the Armed Forces of the United States that is substantially equivalent to the training, education, or experience required for licensure.

Proposed new N.J.A.C. 13:32A-2.7 would permit an individual who does not meet training, education, and experience requirements to apply to the Board for recognition of training, education, or experience completed while serving in the Armed Forces. Such an applicant would have to submit evidence that he or she was honorably discharged and that he or she completed relevant training, experience, and education in the military substantially equivalent to the training, experience, and education required for licensure. The applicant would be required to successfully complete the licensing examination. The Board will assess each applicant's education, training, and experience 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 proposed new rule will help New Jersey veterans transition from military to civilian life. Veterans who have received training, education, and experience while in the military will be able to have that training, education, and experience evaluated for substantial equivalence to Board licensure requirements. Whatever portion of a veteran's training, education, or experience that is found to be substantially equivalent will be credited towards the requirements for licensure. This procedure will create an efficient process for licensing veterans who have received valuable education and work skills while in the military in professional careers, benefitting veterans. Prospective employers may also benefit from the increased pool of qualified potential employees.
 
Economic Impact

The Board believes that the proposed new rule will have a positive economic impact on New Jersey veterans. Crediting substantially equivalent training, education, and experience received in the military towards the requirements for licensure may save veterans tuition costs for duplicative education; crediting substantially equivalent training and experience may save veterans time in achieving licensure.
 
Federal Standards Statement

A Federal standards analysis is not required because there are no applicable Federal laws or standards relating to the proposed new rule.
 
Jobs Impact

The Board does not believe that the proposed new rule will increase or decrease the number of jobs in New Jersey.
 
Agriculture Industry Impact

This proposed new rule will not have any impact on the agriculture industry of this State.
 
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 proposed new rule will apply. A regulatory flexibility analysis is not required because the proposed new rule applies only to applicants for licensure who are not considered small businesses because they do not yet have a license to practice heating, ventilating, air conditioning, and refrigeration contracting.
 
Housing Affordability Impact Analysis

The proposed new rule will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the regulation would evoke a change in the average costs associated with housing because the proposed new rule requires the Board to grant credit for substantially equivalent education, training, and experience received while in the Armed Forces towards licensure.
 
Smart Growth Development Impact Analysis

The proposed new rule will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed new rule 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 rule requires the Board to grant credit for substantially equivalent education, training, and experience received while in the Armed Forces towards licensure.
 
Full text of the proposed new rule follows:
 
13:32A-2.7   Credit towards licensure for education, training, and experience received while serving as a member of the Armed Forces
 
(a) An applicant who has served in the Armed Forces of the United States (Armed Forces) and who does not meet all of the training, education, and experience requirements for licensure under N.J.A.C. 13:32A-2.2 may apply to the Board for recognition of the applicant's training, education, or experience received while serving as a member of the 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, education, and experience the applicant has 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, education, and experience required for licensure under N.J.A.C. 13:32A-2.2.
 
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.
 
ii. An applicant seeking credit for education courses and/or training completed while in the military shall submit to the Board a Joint Services Transcript of his or her education/training for a determination that the education courses and/or training completed are substantially equivalent [page=2262] in level, scope, and intent to the program required for licensure under N.J.A.C. 13:32A-2.2. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Board shall consider only those education courses or training courses and/or training relevant to the practice of heating, ventilating, air conditioning, and refrigeration that have been evaluated by the American Council on Education for substantial equivalence to civilian heating, ventilating, air conditioning, and refrigeration education; and
 
3. The applicant complies with all other requirements for licensure, including successful completion of licensing examination.
 
(c) It is the applicant's responsibility to provide timely and complete evidence of the training, education, and experience gained in the military for review and consideration.
 
(d) If the applicant's military training, education, and experience, or a portion thereof, is not deemed to be substantially equivalent to that required for licensure, the Board shall credit whatever portion of the military training, education, and experience that is substantially equivalent towards meeting the requirements under N.J.A.C. 13:32A-2.2 for the issuance of the license.
 
(e) Satisfactory evidence of such training, education, and 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 2014-194

Comments:

 

       
   
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