N.J. Admin. Code § 13:31A-2.10

Current through Register Vol. 56, No. 12, June 17, 2024

Section 13:31A-2.10 - Temporary courtesy locksmith license

(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:

"Another jurisdiction" means the District of Columbia, a territory of the United States, or a state other than New Jersey.

"Nonresident military spouse" means a person who is not domiciled in this State who is the spouse of an active duty member of the Armed Forces in the United States, where the active duty service member is a resident of New Jersey for one of the following reasons:

1. He or she has been temporarily transferred to this State in the course of his or her military service;

2. He or she is legally domiciled in this State; or

3. He or she has moved to this State on a permanent change-of-station basis.

(b) An individual who is licensed, registered, or certified in another jurisdiction may apply to obtain a temporary courtesy locksmith license pursuant to P.L. 2013, c. 264, if he or she:

1. Meets the definition of nonresident military spouse set forth in (a) above;

2. Holds a license, registration, or certificate in good standing in a jurisdiction that has licensure, registration, or certification requirements equivalent to New Jersey's requirements for locksmith licensure;

3. Has been engaged in the active provision of locksmithing services for at least two of the five years immediately preceding the date of application for the temporary courtesy license, for which purpose relevant full-time experience in the discharge of official duties in the Armed Forces of the United States or an agency of the Federal government shall be credited in the counting of years of service.

i. The Committee may require a nonresident military spouse who has not been engaged in the provision of locksmithing services in another jurisdiction during the two years immediately preceding the application to undergo additional training, testing, mentoring, monitoring, or education should the Committee deem it necessary to assure that the applicant practices with reasonable skill and safety. In making its determination whether the applicant must undergo additional training, testing, monitoring, or education, the Committee shall consider the following factors including, but not limited to:

(1) Employment history;

(2) Professional history;

(3) Actions affecting the applicant's privileges taken by any institution, organization, or employer related to the provision of locksmithing services or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction; and

(4) Civil litigation related to the provision of locksmithing services or other professional or occupational practice in New Jersey, any other state, the District of Columbia, or in any other jurisdiction;

4. Has not committed an act in another jurisdiction that would have constituted grounds for the denial, suspension, or revocation of his or her license in New Jersey, has not been disciplined, or is not the subject of an investigation of an unresolved complaint or a review procedure or disciplinary proceeding conducted by or is pending before a professional or occupational licensing or credentialing entity in another jurisdiction;

5. Has satisfied any continuing education requirements in the jurisdiction meeting the requirements of (b)2 above, where he or she holds a current license, registration, or certificate to provide locksmithing services, and at the discretion of the Committee, completes such continuing education hours or credits as may be required by the Committee within the time frame the Committee may establish.

i. In making its determination whether the applicant must complete additional continuing education hours or credits, the Committee shall consider the following factors including, but not limited to:

(1) Employment history;

(2) Professional history;

6. Completes, within three years immediately preceding the date of application, two hours of training in the Barrier Free Subcode, N.J.A.C. 5:23-7, two hours of training in the New Jersey Uniform Construction Code, N.J.A.C. 5:23, exclusive of the Barrier Free Subcode, two hours of training in the Americans with Disabilities Act code, 36 CFR 1191, two hours of training in industrial safety, and two hours of training in New Jersey law and rules governing the provision of burglar alarm, fire alarm, and locksmithing services; and

7. The applicant submits his or her fingerprints for the purpose of permitting a criminal history records check.

(c) An applicant for a temporary courtesy locksmith license shall submit, or arrange to submit, to the Committee:

1. A completed application form, provided by the Committee;

2. A non-refundable application fee and temporary courtesy license fee as set forth in N.J.A.C. 13:31A-1.4;

3. Written or electronic verification of status of licensure, registration, or certification from a jurisdiction in which the applicant is currently licensed, registered, or certified. The verification shall either be forwarded directly to the Committee from the applicable state board, if written, or if electronic, be issued by the applicable state board. The applicant shall also provide a list of all jurisdictions in which the applicant is currently or has ever been licensed, registered, or certified;

4. Proof that the applicant was engaged in the provision of locksmithing services in another jurisdiction, including any time spent discharging official duties in the Armed Forces or for an agency of the Federal government, for at least two of the last five years immediately preceding the date of application; and

5. A completed Criminal History Certification of Authorization Form.

(d) A temporary courtesy license shall be valid for one year.

(e) An individual who holds a temporary courtesy license may apply to the Committee for an extension of the license for an additional year by submitting a renewal application to the Committee and paying a renewal fee as set forth in N.J.A.C. 13:31A-1.4.

(f) A nonresident military spouse who holds a temporary courtesy license pursuant to this section shall be entitled to the same rights and be subject to the same obligations as provided by the Committee for New Jersey residents, except that revocation or suspension of a nonresident military spouse's license, registration, or certificate in the nonresident military spouse's state of residence or any jurisdiction in which the nonresident military spouse held licensure, registration, or certification shall automatically cause the same revocation or suspension of the person's temporary courtesy license in New Jersey, if that revocation or suspension was on the basis of a charge or commission of a criminal offense, competency, or harmful or inappropriate behavior.

N.J. Admin. Code § 13:31A-2.10

Adopted by 49 N.J.R. 650(a), effective 4/3/2017