NEW JERSEY REGISTER
VOLUME 39, ISSUE 23
ISSUE DATE: DECEMBER 3, 2007
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
Proposed Amendment: N.J.A.C. 13:40-15.23
Duplicate Certificate Fee, Duplicate Placard Fee and Duplicate Identification Card Fee
Authorized By: State Board of Professional Engineers and Land Surveyors, in consultation with the Home Inspectors Advisory Committee, Arthur Russo, Executive Director.
Authority: N.J.S.A. 45:8-73 and 45:8-77.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2007-356.
Submit comments by February 1, 2008 to:
Arthur Russo, Executive Director
State Board of Professional Engineers and Land Surveyors
124 Halsey Street
P.O. Box 45015
Newark, NJ 07101
The State Board of Professional Engineers and Land Surveyors (the Board), in consultation with the Home Inspection Advisory Committee (the Committee) proposes to amend its fee schedule at N.J.A.C. 13:40-15.23 to include a fee of $ 20.00 for duplicate certificates, duplicate placards and duplicate identification cards. N.J.A.C. 13:40-15.9 requires licensees to carry a photo identification card issued by the Committee, which is non-transferable, and contains the licensee's name, signature and license number. That section also provides for the issuance of a duplicate card upon notification to the Committee and payment of a fee, where the card has been lost or destroyed. N.J.A.C. 13:40-15.18(g) requires licensees to display placards in non-commercial vehicles used during home inspections. Upon the original promulgation of the Committee's rules, duplicate fees were not placed in the fee schedule. The fees proposed here are consistent with the duplicates fees charged to both engineers and land surveyors under N.J.A.C. 13:40-6.1. The number of requests for duplicates is nominal; therefore, the addition of these fees has no significant impact on the Committee's budget, however, in order to defray the costs of postage, printing and staff time, the Board believes that the proposed fees are necessary. The Board has determined that the comment period for this proposal is 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is excepted from the rulemaking calendar requirement.
The proposed duplicate fees will have an impact on all licensed home inspectors who have misplaced or lost a certificate, placard or identification card. The proposed fees should have only a nominal impact on the Board and Committee as set forth in the Summary above.
The proposed new fees will not impose new or additional costs on consumers. However, there will be a $ 20.00 fee associated with the replacement of a lost or misplaced home inspector license, placard or identification card.
Federal Standards Statement
A Federal standards analysis is not required because the proposed new fees are subject to State statutory requirements and are not subject to any Federal requirements.
The proposed new fees will neither increase nor decrease jobs in the State.
Agriculture Industry Impact
The proposed new fees will have no impact on the agriculture industry in the State.
Regulatory Flexibility Analysis
Currently, the Board licenses approximately 650 home inspectors. If, for purposes of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., licensed home inspectors are considered small businesses, meaning they employ fewer than 100 full-time employees, the following analysis applies. The proposed new rule contains no reporting or recordkeeping requirements but does require home inspectors to comply by paying a duplicate fee for replacement of a lost certificate, placard or identification card. Compliance requirements do not differ based on the size of the business, since administrative costs to the Division are the same regardless of the size of the business. The proposed amendment does not require any additional professional services in order to comply.
Smart Growth Impact
The proposed new fees will not have an impact on the achievement of smart growth or on implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.
Full text of the proposal follows (additions indicated in boldface thus; deletion indicated in brackets [thus]):
SUBCHAPTER 15. HOME INSPECTOR ADVISORY COMMITTEE
13:40-15.23 Fee schedule
(a) The Committee shall charge the following fees:
1.-5. (No change.)
6. Duplicate certificate fee . . . . . . . . $ 20.00
7. Duplicate placard fee . . . . . . . . . . $ 20.00
8. Duplicate identification card fee . . $ 20.00
[6.] 9. (No change in text.)