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RULE PROPOSAL
VOLUME 43, ISSUE 14
ISSUE DATE: JULY 18, 2011
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS

 

Proposed Amendment: N.J.A.C. 13:31-1.7

Continuing Education Requirements
 
Authorized By: Board of Examiners of Electrical Contractors, Lawrence DeMarzo, Deputy Director, Division of Consumer Affairs.
Authority: N.J.S.A. 45:5A-13.2.
 
Calendar Reference: See Summary below for explanation of exception to the calendar requirement.
Proposal Number: PRN 2011-156.
 
Submit comments by September 16, 2011 to:
   Lawrence DeMarzo, Deputy Director
   Board of Examiners of Electrical Contractors
   124 Halsey Street
   P.O. Box 45006
   Newark, New Jersey 07101
 
The agency proposal follows:
 
Summary
The New Jersey Board of Examiners of Electrical Contractors (the Board) is proposing amendments to N.J.A.C. 13:31-1.7 concerning the requirements for sponsors of continuing education courses and programs. N.J.A.C. 13:31-1.7(h)1 currently requires continuing education sponsors to obtain Board approval for a course or program in each triennial renewal period that the course will be offered. In order to obtain approval, a sponsor must submit detailed course documentation to the Board for review and, pursuant to N.J.A.C. 13:31-1.7(h)5, must submit a $ 100.00 review fee for each course or program submission, in each triennial period. Board approval of a course or program, therefore, is valid only for the renewal period in which it is granted. In addition, N.J.A.C. 13:31-1.7(h)5 requires the sponsor to resubmit an approved course for re-review during the triennial period if any changes to course content, hours of instruction or course lecturer occur. Review of such changes must be accompanied by an additional $ 100.00 submission review fee.
The Board has reviewed this process and has determined that the resubmission requirements in N.J.A.C. 13:31-1.7(h)1 and 5 may be overly burdensome for continuing education sponsors who wish to offer a previously approved course or program in a subsequent triennial renewal period. The Board believes that absent any changes in course content, hours of instruction or lecturer for a previously approved course, the sponsor should no longer be required to reapply to the Board for re-approval to offer the course in a subsequent renewal period. The Board, however, continues to believe that changes in course content, hours of instruction or course lecturer for a previously approved course are significant enough to warrant re-review by the Board in order to ensure that the course continues to meet the requirements necessary for Board approval. Therefore, when such changes occur in an approved course, the sponsor must re-submit required course documentation for review, along with the $ 100.00 review fee.
The Board, therefore, is proposing to delete the requirement in N.J.A.C. 13:31-1.7(h)1 that sponsors obtain Board approval for a course or program "in each triennial period." As amended, the subparagraph provides that sponsors must obtain Board approval prior to representing that any course meets the requirements of the section. The Board is also proposing to amend N.J.A.C. 13:31-1.7(h)5 to eliminate the requirement that sponsors submit a review fee for programs or courses "per triennial period" and that they resubmit the course for re-approval following any changes. The resubmission requirements when a change occurs are provided for in proposed new subsection (i).
New proposed subsection (i) eliminates the requirement for resubmission for a previously approved course or program when there are no changes to course content, hours of instruction or course lecturer. Under such circumstances, a sponsor wishing to offer the course in a subsequent triennial renewal period may do so without submitting course documentation to the Board for review and without paying the $ 100.00 review fee. Subsection (i) provides, however, that a sponsor of a previously approved course or program must reapply to the Board if the course content, hours of instruction or course lecturer change during the triennial period. When such changes occur, the sponsor must resubmit the required course documentation to the Board for review and must submit the $ 100.00 fee.
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 amendments to N.J.A.C. 13:31-1.7 may have an impact upon continuing education sponsors to the extent that the proposed amendments may lessen the administrative expense currently borne by sponsors of previously approved courses or programs who wish to offer the same course or program in a subsequent triennial renewal period. Such sponsors will be permitted to offer the course or program in a subsequent renewal period without having to resubmit course documentation for Board review and without having to submit an additional $ 100.00 review fee.
 
[page=1579] Economic Impact
The proposed amendments may have a positive economic impact upon continuing education sponsors who have previously obtained Board approval of course or program offerings. Such sponsors may continue to offer approved courses or programs in subsequent triennial renewal periods, provided there are no changes in course content, hours of instruction or course lecturer, without having to reapply to the Board for approval and without having to submit an additional $ 100.00 review fee. The proposed amendments, however, will have no impact upon sponsors of previously approved courses or program in which a change in course content, hours of instruction or course lecturer occurs. Such sponsors must continue to submit required course documentation and the $ 100.00 fee to the Board for re-review of the courses or programs.
 
Federal Standards Statement
A Federal standards analysis is not required because the proposed amendments are governed by N.J.S.A. 45:5A-1 et seq., and are not subject to any Federal standards or requirements.
 
Jobs Impact
The Board does not believe that the proposed amendments will result in an increase or decrease in the number of jobs in the State.
 
Agriculture Industry Impact
The proposed amendments will have no impact on the agriculture industry in the State.
 
Regulatory Flexibility Statement
Currently, approximately 150 sponsors of continuing education have obtained Board approval for their courses and programs. If these Board-approved continuing education sponsors are considered "small businesses," within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., then the following applies.
The proposed amendments will not impose any new reporting, recordkeeping or compliance requirements upon continuing education sponsors. The proposed amendments will continue to require sponsors of approved courses to reapply to the Board and pay an additional $ 100.00 review fee whenever there are any changes in course content, hours of instruction or course lecturer for a previously approved course. The proposed amendments merely remove the requirement that courses that have not been changed re-register and submit the appropriate fee. No additional professional services will be needed to comply with the proposed amendments. The costs of compliance with the proposed amendments are discussed in the Economic Impact statement above. The Board believes that the proposed amendments should be uniformly applied to all sponsors in order to ensure that the continuing education licensees receive will be of sufficient quality, so as to enhance the licensees' provision of electrical contracting services. Therefore, no differing compliance requirements for any continuing education sponsors are provided based upon the size of the business.
 
Smart Growth Impact
The Board does not believe that the proposed amendments will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.
 
Housing Affordability Impact Analysis
The proposed amendments will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rule would evoke a change in the average costs associated with housing because the proposed amendments concern requirements for becoming a Board-approved sponsor of continuing education courses and programs.
 
Smart Growth Development Impact Analysis
The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the 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 amendments concern requirements for becoming a Board-approved sponsor of continuing education courses and programs.
 
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
13:31-1.7   Continuing education requirements
 
(a)-(g) (No change.)
 
(h) All sponsors of continuing education programs or courses shall:
 
1. Obtain Board approval[, in each triennial period,] prior to representing that any course, seminar or program fulfills the requirements of this section;
 
2.-4. (No change.)
 
5. Submit a fee pursuant to N.J.A.C. 13:31-1.6 for each submission of course or program offering(s) for which Board approval is sought.[, per triennial period. A sponsor shall submit any changes to an approved course or program offering, including changes to course content, hours of instruction, or course lecturer, to the Board for review. A sponsor shall submit the fee set forth at N.J.A.C. 13:31-1.6 upon submission of such changes.]
 
(i) A sponsor of a course or program offering that has been previously approved by the Board shall reapply to the Board for approval of the course or program if there are any changes to the course content, hours of instruction or course lecturer. The sponsor shall resubmit to the Board the documentation and continuing education sponsor fee set forth in (h)2 and 5 above. If there are no changes in course content, hours of instruction or course lecturer for a previously approved course or program, the sponsor shall not be required to reapply to the Board for approval prior to offering the course or program in subsequent renewal periods.
 
Recodify existing (i) and (j) as (j) and (k) (No change in text.)

   
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