N.J. Admin. Code § 13:40-2.11

Current through Register Vol. 56, No. 16, August 19, 2024

Section 13:40-2.11 - Licensure by comity

(a) Upon receipt of a completed application and application fee, the Board shall issue a license to any person who documents that the person holds a valid, current corresponding license in good standing by another state, if:

1. The Board determines the state that issued the license has, or had at the time of issuance, education, training, and examination requirements for licensure substantially equivalent to current Board standards.

i. "Substantially equivalent" examination need not be identical to the current examination requirements for professional engineers or land surveyors licensed in New Jersey but such examination shall be nationally recognized and of comparable scope and rigor.

ii. An applicant's experience may be considered by the Board to compensate for disparity in substantial equivalence in education and examination requirements. However, the applicant must have either an undergraduate or graduate degree in engineering, engineering technology, or land surveying;

2. The applicant practiced as a professional engineer or professional land surveyor or the equivalent in another state within five years prior to the date of the application; and

3. The requirements of (b) below have been satisfied.

(b) Prior to issuing a license, the Board shall have received or obtained the following:

1. Documentation reasonably satisfactory to the Board demonstrating the applicant's license from each state in which the applicant is licensed is in good standing.

i. "Good standing" means the following:

(1) No action has been taken against the applicant's license by any licensing board;

(2) No action adversely affecting the applicant's privileges to practice as a professional engineer or professional land surveyor has been taken by any out-of-State institution, organization, or employer;

(3) No disciplinary proceeding is pending that could affect the applicant's privileges to practice professional engineering or professional land surveying;

(4) All fines levied by any out-of-state board have been paid; and

(5) There is no pending or final action by any criminal authority for violation of law, rule, or regulation, or any arrest or conviction for any criminal or quasi-criminal offense under the laws of the United States, this State, or any other state, including, but not limited to: criminal homicide; aggravated assault; sexual assault, criminal sexual contact, or lewdness; or an offense involving any controlled dangerous substance or controlled dangerous substance analog; and

2. Designation of an agent in New Jersey for service of process, if the applicant does not reside nor have an office in this State.

(c) If the education and examination requirements in the state in which the applicant is licensed are not substantially equivalent to the Board's current standards as required in (a) above, the Board shall consider an applicant's individual experience to compensate for such disparity. In making a determination whether an applicant's experience would compensate for such disparity in substantial equivalence in education or examination, the Board shall consider the following:

1. The applicant's length of experience;

2. Whether the experience was supervised by another individual;

3. The applicant's professional engineering or professional land surveying history;

4. The applicant's employment history; and

5. The applicant's education.

(d) An applicant shall satisfy, or shall have satisfied, all applicable prerequisites required for initial licensure in this State.

(e) Not later than six months after the issuance of a license, an applicant shall provide the Board with evidence reasonably satisfactory to the Board verifying an applicant's education, training, and examination results. An applicant may satisfy the requirement for verification of education, examination, and experience by submitting to the Board an NCEES record as proof.

(f) The Board, after the licensee has been given notice and an opportunity to be heard, may revoke any license based on a license issued by another state obtained through fraud, deception, or misrepresentation.

(g) The Board may grant a license to an applicant seeking reciprocity who holds a license from another state who does not meet the good standing requirements of (a) above due to a pending action by a licensing board; a pending action by an out-of-State institution, organization, or employer affecting the applicant's privileges to practice, a pending disciplinary proceeding; or a pending criminal charge or arrest for a crime, provided the alleged conduct of the applicant that is the subject of the action, proceeding, charge, or arrest, assuming it is true, does not demonstrate a serious inability to practice professional engineering or professional land surveying; adversely affect public health, safety, and welfare; or result in economic or physical harm to a person; or create a significant threat of such harm.

N.J. Admin. Code § 13:40-2.11

Amended by 47 N.J.R. 801(a), effective 4/20/2015.

Adopted by 52 N.J.R. 46(a), effective 1/6/2020