Skip to main navigationSkip to News Headlines
NJ Division of Consumer Affairs
Global Navigation
Division of Consumer Affairs
The State of New Jersey Office of The Attorney General (Dept. of Law & Public Safety) The State of New Jersey NJ Home Services A to Z Departments/Agencies OAG Frequently Asked Questions
OAG Home
OAG Contact
Division of Consumer Affairs Alerts and Recalls
Division of Consumer Affairs Alerts and Recalls
Office of the Attorney General Homepage Division of Consumer Affairs, Director
Division of Consumer Affairs, Director

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

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
New Jersey State Board of Professional Engineers and Land Surveyors


Proposed Amendments: N.J.A.C. 13:40-2.4 through 2.11

Proposed New Rules: N.J.A.C. 13:40-2.17 and 15.7

Credit Towards Licensure for Education, Training, and Experience Received While Serving as a Member of the Armed Forces
 
Authorized By: New Jersey State Board of Professional Engineers and Land Surveyors, Karl Reidel, Executive Director.
 
Authority: N.J.S.A. 45:1-15, 45:8-29, 45:8-35, 45:8-71; and P.L. 2013, c. 49.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2014-196.
 
Submit comments by January 16, 2015, to:
 
   Karl Reidel, Executive Director
   New Jersey State Board of Professional Engineers and Land Surveyors
   124 Halsey Street
   PO Box 45015
   Newark, NJ 07101
   or electronically at: www.NJConsumerAffairs.gov/proposal/comment/.
 
The agency proposal follows:
 
[page=2266] Summary

The State Board of Professional Engineers and Land Surveyors (Board) is proposing to amend and add new rules to N.J.A.C. 13:40 to implement P.L. 2013, c. 49 (the Act). The Act mandates that a professional or occupational Board give an applicant for licensure or certification credit towards its requirements for licensure or certification for any portion of the training, education, and experience the applicant 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 amendments to N.J.A.C. 13:40-2.4 through 2.11 direct applicants seeking credit for education, training, and/or experience gained while in the military to follow the procedure set forth in new N.J.A.C. 13:40-2.17.

Proposed new N.J.A.C. 13:40-2.17(a) permits an applicant for a license as a professional engineer or land surveyor, or for a certificate of registration as an engineer-in-training or land surveyor-in-training, 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 or certification.

Proposed new N.J.A.C. 13:40-2.17(b) sets forth the evidence that the applicant is 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. 13:40-2.17(b)2i requires the applicant to submit verification of his or her military experience and training to the Board.

Proposed new N.J.A.C. 13:40-2.17(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 an engineering or land surveying program accredited by the Technology Accreditation Commission of ABET, Inc. The Board would consider only those courses relevant to the practice of engineering or land surveying, as appropriate, that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula.

Proposed new N.J.A.C. 13:40-15.7(a) permits an applicant for a home inspector's license who has been honorably discharged from the Armed Forces to apply to the Home Inspection Advisory Committee (Committee) 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. 13:40-15.7(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 Committee for licensure.

Proposed new N.J.A.C. 13:40-15.7(b)2i requires 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 requirement. Proposed new N.J.A.C. 13:40-15.7(b)2ii sets forth the equivalence standards by which an applicant's military education is to be measured. The Committee would consider only those courses relevant to the practice of home inspection that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula.

Proposed new N.J.A.C. 13:40-2.17(b)3 and 15.7(b)3 require that the applicant comply with all other requirements for licensure or certification under the subchapter, including, but not limited to, successful completion of the examination requirement.

Under proposed new N.J.A.C. 13:40-2.17(c) and 15.7(c), the applicant would be responsible for providing timely and 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 or Committee's requirements, proposed new N.J.A.C. 13:40-2.17(d) and 15.7(d) require the Board or Committee, as appropriate, 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. 13:40-2.17(e) and 15.7(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 amendments and new rules 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, as applicable. 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 below. Prospective employers may also benefit from the increased pool of qualified potential employees. The Board anticipates that the proposed amendments and new rules would have no adverse effect on public health, safety, or welfare.
 
Economic Impact

The Board believes that the proposed amendments and new rules 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. 45:8-35 and 45:8-69, 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.
 
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 amendments and new rules will apply. A regulatory flexibility analysis is not required because the proposed amendments and new rules only apply to applicants for licensure or certification who are not considered small businesses because they do not yet have a license to practice engineering, land surveying, or home inspection, as appropriate, or certificate of registration to practice as an engineer-in-training or land surveyor-in-training, as appropriate.
 
Housing Affordability Impact Analysis

The proposed amendments and new rules will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the proposed amendments and new rules 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.
 
[page=2267] 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 proposed amendments and new rules would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments and new rules 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 proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 2.    APPLICATION REQUIREMENTS; LICENSING; BIENNIAL RENEWAL; INACTIVE STATUS
 
13:40-2.4   Engineer-in-training: application procedure; eligibility requirements; requirements for juniors and seniors to sit for Part F portion ; applicants seeking credit for military education or training
 
(a)-(c) (No change.)
 
(d) If the applicant is seeking credit for military education or training, the applicant shall follow the procedure set forth in N.J.A.C. 13:40-2.17.
 
13:40-2.5   Professional engineer: application procedure; eligibility requirements; applicants seeking credit for military education, training, or experience
 
(a)-(c) (No change.)
 
(d) 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. 13:40-2.17.
 
13:40-2.6   Surveyor-in-training; application procedure; eligibility requirements; applicants seeking credit for military education or training
 
(a)-(c) (No change.)
 
(d) If the applicant is seeking credit for military education or training, the applicant shall follow the procedure set forth in N.J.A.C. 13:40-2.17.
 
13:40-2.7   Professional land surveyor; application procedures; eligibility requirements; applicants seeking credit for military education, training, and experience
 
(a)-(c) (No change.)
 
(d) 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. 13:40-2.17.
 
13:40-2.8   Education requirements: engineer-in-training and professional engineer; applicants seeking credit for military education or training
 
(a)-(f) (No change.)
 
(g) If the applicant is seeking credit for military education or training, the applicant shall follow the procedure set forth in N.J.A.C. 13:40-2.17.
 
13:40-2.9   Education requirements: land surveyor-in-training; professional land surveyor; applicants seeking credit for military education or training
 
(a)-(e) (No change.)
 
(f) If the applicant is seeking credit for military education or training, the applicant shall follow the procedure set forth in N.J.A.C. 13:40-2.17.
 
13:40-2.10   Experience requirements; professional engineer; applicants seeking credit for military training or experience
 
(a)-(e) (No change.)
 
(f) If the applicant is seeking credit for military training or experience, the applicant shall follow the procedure set forth in N.J.A.C. 13:40-2.17.
 
[(f)] (g) (No change in text.)
 
13:40-2.11   Experience requirements; professional land surveyor; applicants seeking credit for military training or experience
 
(a)-(d) (No change.)
 
(e) If the applicant is seeking credit for military training or experience, the applicant shall follow the procedure set forth in N.J.A.C. 13:40-2.17.
 
[(e)] (f) (No change in text.)
 
13:40-2.17   [(Reserved)] Credit towards licensure or 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) and who does not meet all of the training, education, and experience requirements for licensure or certificate of registration under this subchapter 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 or certificate of registration, as appropriate.
 
(b) The Board shall issue a license or certificate of registration, as appropriate, 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 has received in the military, together with any education, training, and experience obtained outside of the Armed Forces, is substantially equivalent in scope and character to the training, experience and education required for licensure or certification 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.
 
ii. An applicant seeking credit for education courses and/or training completed while in the military who does not hold a degree from an engineering or land surveying program accredited by the Engineering Accreditation Commission of ABET, Inc. shall submit to a transcript review service selected and approved by the Board, a Joint Services Transcript of his or her education and training for a determination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to an ABET, Inc. accredited program. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Board shall consider only those courses and/or training relevant to the practice of engineering or land surveying, as applicable, 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 or certification under this subchapter, as appropriate, including, but not limited to, successful completion of any examination or examinations required for licensure or certification.
 
(c) It is the applicant's responsibility to provide timely and complete evidence of the education, training, 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 deemed not to be substantially equivalent to that required for licensure or certificate of registration, as appropriate, the Board shall credit whatever portion of the military training, education, and experience that is substantially equivalent towards meeting the requirements under this subchapter for the issuance of the license or certificate of registration.
 
(e) Satisfactory evidence of such education, training, and experience shall be assessed on a case-by-case basis.
 
[page=2268] 13:40-15.7 [(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) and who does not meet all of the training, education, and experience requirements for licensure under N.J.A.C. 13:40-15.6, 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 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 Committee shall issue a license 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 licensure under N.J.A.C. 13:40-15.6.
 
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.
 
ii. An applicant seeking credit for education courses and/or training completed while in the military that are not part of an approved course of study as described in N.J.A.C. 13:40-15.6(a)3 shall submit to the Committee a Joint Services Transcript of his or her education/training for a determination that the education courses and/or training completed are substantially equivalent in level, scope, and intent to the course of study required for licensure under N.J.A.C. 13:40-15.6(a)3. For the purpose of determining substantial equivalence of the applicant's military education and/or training, the Committee shall consider only those education courses and/or training relevant to the practice of home inspection 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, including successful completion of the Home Inspector Examination, as set forth in N.J.A.C. 13:40-15.6(a)7.
 
(c) It is the applicant's responsibility to provide timely and complete evidence of the education, training, 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 Committee shall credit whatever portion of the military training, education, and experience that is substantially equivalent towards meeting the requirements under N.J.A.C. 13:40-15.6 for the issuance of the license.
 
(e) Satisfactory evidence of such education, training, 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 2014-196

Comments:

 

       
   
Contact Us | Privacy Notice | Legal Statement | Accessibility Statement
NJ Home Logo
Divisional: DCA Home | Complaint Forms | Proposals | Adoptions | Contact DC
Departmental: OAG Home | Contact OAG | About OAG | OAG News | OAG FAQs
Statewide: NJ Home | Services A to Z | Departments/Agencies | FAQs
Copyright© State of New Jersey
This page is maintained by DCA. Comments/Questions: email