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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 Professional Planners


Proposed Amendments: N.J.A.C. 13:41-5.3 and 6.1

Proposed New Rules: N.J.A.C. 13:41-5.3A and 6.2

Credit towards Licensure or Certification for Education Training, and Experience Received while Serving as a Member of the Armed Forces
 
Authorized By: New Jersey State Board of Professional Planners, Karl Reidel, Executive Director.
 
Authority: N.J.S.A. 45:1-15, 45:14A-4, 45:14A-9, and 45:14A-10; and P.L. 2013, c. 49.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2014-169.
 
Submit comments by December 19, 2014, to:
 
   Karl Reidel, Executive Director
   New Jersey State Board of Professional Planners
   124 Halsey Street
   PO Box 45016
   Newark, New Jersey 07101
   or electronically at: www.NJConsumerAffairs.gov/proposal/comment/
 
The agency proposal follows:
 
Summary

The State Board of Professional Planners (Board) is proposing to add new rules to N.J.A.C. 13:41 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 license, certificate of registration, or certificate for which professional education, training, or experience is required, give 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 education, training, or experience required for licensure or certification.

Proposed new N.J.A.C. 13:41-5.3(e) directs 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. 13:41-5.3A.

Proposed new N.J.A.C. 13:41-5.3A(a) permits an applicant for a license as a professional planner, 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, together with that obtained outside the military, as being substantially equivalent to the training, education, and experience required for licensure.

Proposed new N.J.A.C. 13:41-5.3A(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, together with that obtained outside of 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. 13:41-5.3A(b)2i requires 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. Proposed new N.J.A.C. 13:41-5.3A(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. The Board would consider only those courses relevant to the practice of professional planning that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula.

Proposed new N.J.A.C. 13:41-6.1(f) directs 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. 13:41-6.2.

Proposed new N.J.A.C. 13:41-6.2(a) would permit an applicant for a certificate of registration as a planner-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 certification.

Proposed new N.J.A.C. 13:41-6.2(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, together with that obtained outside of 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. 13:41-6.2(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. Proposed new N.J.A.C. 13:41-6.2(b)2ii sets forth the equivalence standards by which an applicant's military education and training is to be measured. The Board would consider only those courses relevant to the practice of professional planning that have been evaluated by the American Council on Education for substantial equivalence to civilian postsecondary curricula.

Proposed new N.J.A.C. 13:41-5.3A(b)3 and 6.2(b)3 would require that the applicant comply with all other requirements for licensure or certification under the subchapter as appropriate, including, for licensure, successful completion of the examination requirement.

Under proposed new N.J.A.C. 13:41-5.3A(c) and 6.2(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 education, training, or experience is deemed not substantially equivalent to the Board's requirements, proposed new N.J.A.C. 13:41-5.3A(d) and 6.2(d) would require the Board to credit whatever portion of the applicant's military education, training, 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. 13:41-5.3A(e) and 6.2(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 requirements. Whatever portion of the veteran's training, education, and/or experience is found to be substantially equivalent would be [page=2095] credited towards the requirements for licensure or certification, as appropriate. This procedure would create an efficient process for licensing and 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 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 or 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. 45:14A-9 and 45:14A-10, 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 professional planning, or a certificate of registration to practice as a planner-in-training.
 
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 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 amendments and new rules require the Board 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 5.    LICENSING
 
13:41-5.3   Licensing requirements for professional planners
 
(a)-(d) (No change.)
 
(e) If an applicant is seeking credit for military education, training, or experience, the applicant shall follow the procedure set forth in N.J.A.C. 13:41-5.3A.
 
13:41-5.3A   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 may apply to the Board for recognition of the applicant's education, training, or experience received while serving as a member of the Armed Forces, which the Board shall consider, together with any education, training, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the education, training, 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 education, training, and experience the applicant 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 education, training, and experience 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.
 
ii. An applicant seeking credit for education courses and/or training completed while in the military shall submit to the Board a Joint Military 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 approved course of study as required for licensure under this subchapter. 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 professional planning 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 professional planner examination.
 
(c) It is the applicant's responsibility to provide complete evidence of the education, training, and/or experience gained in the military for review and consideration in accordance with the requirements of this subchapter.
 
(d) If the applicant's military education, training, 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 education, training, or experience that is substantially equivalent towards meeting the requirements under N.J.A.C. 13:41-5.3 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 6.    PLANNER-IN-TRAINING
 
13:41-6.1   Planner-in-training certificate requirements
 
(a)-(e) (No change.)
 
(f) 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. 13:41-6.2.
 
13:41-6.2   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 may apply to the Board for recognition of the applicant's education, training, or experience received while serving as a member of the Armed Forces, which the Board shall consider, together with any education, training, and experience obtained outside of the Armed Forces, for determining substantial equivalence to the education, training, and experience required for certification.
 
(b) The Board shall issue a certificate of registration to the applicant, if the applicant presents evidence to the Board that:
 
[page=2096] 1. The applicant has been honorably discharged from active military service;
 
2. The relevant education, training, and experience the applicant 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 education, training, and experience required for certification under N.J.A.C. 13:41-6.1.
 
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.
 
ii. An applicant seeking credit for education courses and/or training completed while in the military shall submit to the Board a Joint Military 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 approved course of study as required for certification under this subchapter. 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 professional planning 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 professional planner examination.
 
(c) It is the applicant's responsibility to provide complete evidence of the education, training, and/or experience gained in the military for review and consideration in accordance with the requirements of this subchapter.
 
(d) If the applicant's military education, training, 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 education, training, or experience that is substantially equivalent towards meeting the requirements under this subchapter for the issuance of a certificate of registration.
 
(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 2014-169

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