N.J. Admin. Code § 13:40-10.3

Current through Register Vol. 56, No. 19, October 7, 2024

Section 13:40-10.3 - Contract requirement

(a) Any business corporation or limited liability company that does not have an officer or employee who is in responsible charge and is licensed as a professional engineer and/or professional land surveyor in this State and which offers or renders such services shall, prior to the offer or rendering of any such service, have a written contract with a New Jersey licensed professional engineer or licensed professional land surveyor, and have obtained a certificate of authorization pursuant to 45:8-56 and 13:40-10.1. Such written contract shall clearly indicate the licensee to be in responsible charge of the engineering or land surveying services.

(b) A licensed professional engineer or licensed professional land surveyor rendering engineering or surveying services for a business corporation or limited liability company that is required to obtain a certificate of authorization pursuant to 45:8-56 and 13:40-10.1 shall not perform such services unless he or she is an officer or an employee of the corporation or has a written contract with the corporation prior to rendering professional services and is listed as being in responsible charge on the corporation's certificate of authorization.

(c) A licensed professional engineer or licensed professional land surveyor rendering engineering or surveying services who is listed as being in responsible charge of the engineering or surveying work on a corporation's or limited liability company's certificate of authorization shall notify the Board in writing within 30 days of any change of status regarding the individuals in responsible charge of the corporation or limited liability company. It shall be the duty of the corporation or limited liability company and the licensed professional engineer or licensed professional land surveyor listed as being in responsible charge on the certificate of authorization to provide such notification.

(d) Any corporation or limited liability company that offers or renders engineering and land surveying services without a Certificate of Authorization or with a lapsed Certificate of Authorization shall be subject to civil penalties as authorized by 45:1-25. This subsection shall not apply to a professional service corporation established pursuant to the Professional Service Corporation Act, 14A:17-1 et seq.

N.J. Admin. Code § 13:40-10.3

Amended by R.1995 d.474, effective 9/5/1995.
See: 27 N.J.R. 1748(a), 27 N.J.R. 3370(a).
Recodified from N.J.A.C. 13:40-10.1 and amended by R.2006 d.80, effective 2/21/2006.
See: 37 N.J.R. 3253(a), 38 N.J.R. 1202(a).
Rewrote the section.
Amended by R.2011 d.212, effective 8/15/2011.
See: 43 N.J.R. 590(a), 43 N.J.R. 2181(a).
In (a), substituted "that" for the first occurrence of "which", inserted "professional" preceding the first occurrence of "land" and "licensed professional" preceding the second occurrence of "land"; in (b) and (c), inserted "professional" preceding "land" throughout; and in (b), substituted "that" for "which".