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NEW JERSEY REGISTER
VOLUME 34, NUMBER 19
TUESDAY, OCTOBER 7, 2002
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
PER DIEM COMPENSATION FOR MEMBERS OF
PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS

Proposed Readoption: N.J.A.C. 13:44B

Authorized By: David Samson, Attorney General of New Jersey with the approval of John E. McCormac, State Treasurer.

Authority: N.J.S.A. 45:1-2.5.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2002-365.

Submit written comments by December 6, 2002 to:

Reni Erdos, Director
Division of Consumer Affairs
PO Box 45027
Newark, New Jersey 07101

The agency proposal follows:

Summary

The Attorney General proposes to readopt N.J.A.C. 13:44B, which is scheduled to expire on October 21, 2002, pursuant to Executive Order No. 66 (1978). This chapter implements the provisions of N.J.S.A. 45:1-2.5 by establishing regulations regarding per diem compensation for members and officers of a professional board or commission designated in N.J.S.A. 45:1- 2.1. By filing of this proposed readoption, the expiration date is extended to April 19, 2003 pursuant to N.J.S.A. 52:14B-5.1c.

N.J.S.A. 45:1-2.5 authorizes a per diem rate of $25.00 or an amount to be determined by the Attorney General with the approval of the State Treasurer. Prior to 2001, all board members, except for members of the Real Estate Commission, the State Board of Medical Examiners and the Medical Practitioner Review Panel, were compensated at the rate of $50.00 per diem since the adoption of this chapter effective May 3, 1982. Subsequently, the statute was amended to establish an annual, rather than a per diem, compensation rate for members of the Real Estate Commission and to set the per diem rate for the State Board of Medical Examiners and the Medical Practitioner Review Panel members at $150.00. N.J.A.C. 13:44B-1.1 sets compensation rates and was amended in 2001 to increase per diem compensation to $100.00 for a full day of service and $50.00 for less than a full day service for all Boards other than the State Board of Medical Examiners, the Medical Practitioner Review Panel and the Real Estate Commission. (See 33 N.J.R. 1863(a) and 3335(b).)

N.J.A.C. 13:44B-1.2 outlines the services for which a board member will be compensated, and N.J.A.C. 13:44B-1.3 lists services for which board members will not be compensated. These sections are proposed for readoption without change.

These rules continue to be reasonable, necessary and effective for the purposes for which they were originally promulgated. The per diem rate established in N.J.A.C. 13:44B-1.1 will continue to provide modest compensation for individuals who serve on New Jersey's professional boards and N.J.A.C. 13:44B-1.2 and 1.3 will provide guidance to board members concerning services for which they may be compensated.

As the Board has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

In setting per diem compensation rates and outlining compensable services, the rules proposed for readoption will have an advantageous impact on members of the 41 professional boards and advisory committees within the Division of Consumer Affairs to whom these rules apply. These professional board members provide invaluable services to the public by setting practice standards, evaluating applicants for licensure, investigating complaints and initiating appropriate disciplinary and enforcement actions, all of which help ensure professional competence and maintain high professional standards for the protection of the public health, safety and welfare.

Economic Impact

Readoption of this chapter will have a favorable economic impact on members of the professional and occupational licensing boards designated in N.J.S.A. 45:1-2.1. With the exception of Medical Board members and Medical Practitioner Review Panel members, whose current per diem rate is set by statute, board members will receive $100.00 compensation for a full day of professional board work and $50.00 compensation for less than a full day of professional board work. There will be no economic impact upon the public or upon any State agency.

Pursuant to N.J.S.A. 45:1-3.2, professional boards are required to be self- funding; that is, operating costs must be met through licensing and other fees. Accordingly, board member compensation will be absorbed by licensees of the regulated professions and occupations.

Federal Standards Statement

A Federal standards analysis is not required because the rulemaking requirements pertaining to the proposed rules are governed by N.J.S.A. 45:1- 2.5 and are not subject to any Federal requirements or standards.

Jobs Impact

The proposed readoption of N.J.A.C. 13:44B concerning per diem compensation for members of professional and occupational licensing boards will not result in the generation or loss of jobs in New Jersey.

Agriculture Industry Impact

The Division does not believe that the rules proposed for readoption will have any impact on the agriculture industry of this State.

Regulatory Flexibility Statement

A regulatory flexibility analysis is not required because the rules proposed for readoption do not impose reporting, recordkeeping or other compliance requirements on small businesses, as defined under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. The rules proposed for readoption concern per diem compensation for members of professional and occupational licensing boards.

Smart Growth Impact

The Board does not anticipate that the rules proposed for readoption will have any impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.

Full text of the proposed readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:44B.

If you have any comments or questions, our e-mail address is:

askconsumeraffairs@lps.state.nj.us

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Posted October 7, 2002