N.J. Admin. Code § 5:62-2.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:62-2.6 - Certificate renewal and continuing education requirements

(a) Each certificate holder shall be sent a renewal application prior to the expiration of his or her certificate. The Board or its duly authorized representative shall issue a renewal certificate pursuant to N.J.S.A. 45:5AA-7.c et seq., if the certificate holder submits a complete renewal application to the Board and payment of a bi-annual renewal fee to the Division as follows:

1. Submit to the Board a completed renewal application and CEC submission form, which are available at www.nj.gov/dca/divisions/codes/advisory/LICboard.html, certifying the certificate holder has successfully obtained the required CECs, as specified in (b) through (e) below and including any change in address, employment, or business or company name;

2. Submit payment of the non-refundable bi-annual renewal fee to Board of Landscape Irrigation Contractors, c/o Department of Community Affairs, Division of Codes and Standards, PO Box 802, Trenton, NJ 08625-0802; and

3. The renewal application and the renewal fee shall be received by the Division no later than January 31 of the year in which the certificate will expire. If the renewal is received after March 1, a late fee shall be assessed in accordance with (i) below. Each renewed certificate shall remain valid until January 31 of the second calendar year after it was renewed.

(b) To renew a certificate, each certificate holder shall provide on his or her renewal application proof of having successfully obtained a minimum of 16 CECs as follows:

1. Eight CECs shall be in a training activity related to water conservation;

2. Two CECs shall be courses on New Jersey Laws or Building Codes; and

3. The remaining six CECs shall be fulfilled through other approved courses or training activities related to landscape irrigation.

(c) Credit for CECs shall be issued for verified attendance at training activities approved by the Board. CECs shall have been acquired within three years prior to the date of the application for certificate renewal, except that a maximum of eight CECs may be carried forward and applied to the subsequent certificate renewal.

(d) In accordance with the table found in the Appendix to this chapter, incorporated herein by reference, the Board shall approve CECs for the satisfactory completion of any of the following training activities:

1. Attending or teaching courses in the design, installation, and maintenance of landscape irrigation systems;

2. Attending or teaching courses in water conservation technologies and procedures;

3. Attending or participating in irrigation demonstration projects;

4. Attending or teaching courses in the application and installation of irrigation products;

5. Attending or teaching courses in business development techniques;

6. Attendance at irrigation and related industry trade shows; or

7. Other activities as deemed appropriate by the Board.

(e) A person or organization seeking to have training pre-approved for CECs shall submit to the Board the title of the training activity, the outline or syllabus detailing the instruction, the instructor's name and qualifications, and the hours and date of the training activity and shall agree to the procedures set forth in this subsection. If the training activity is approved, on the day of the training, the sponsoring person or organization shall require each participant to sign in and provide his or her name, address, phone number, email address, and landscape irrigation contractor certificate number. The sponsoring person or organization shall submit the completed sign-in sheet to the Board within 10 business days and keep a copy on file for five years following the completion date of the training activity.

(f) Certificates of attendance, or other proof of attendance, for each training activity, shall be submitted to the Board by the certificate holder along with the completed CECs submission form. If a training activity has not been preapproved by the Board, the certificate holder shall also include the title of the training activity, the outline or syllabus detailing the instruction, the instructor's name and qualifications, and the hours and dates of the training activity. CEC submissions for attendance at trade shows shall include proof of attendance, such as a copy of either the certificate holder's attendance receipt or name badge.

(g) A certificate holder may request a reduction or waiver of the continuing education requirement if any of the following prevented the certificate holder from satisfactorily completing the continuing education requirement: illness, certified by a physician; undue hardship; disability; military deployment; or other good cause deemed acceptable by the Board.

1. Certificate holders requesting a reduction or waiver of CECs shall provide the following information with his or her certificate renewal application, which the Board will evaluate:

i. A statement as to whether the certificate holder is requesting a waiver of all CECs or setting forth the specific number of CECs requested for reduction;

ii. The approximate date the certificate holder's hardship began, and the approximate date it ended;

iii. A statement detailing the certificate holder's hardship;

iv. A statement detailing the specific reason why the certificate holder could not satisfactorily complete the training activities specified in (c)1 through 6 above due to the hardship;

v. A statement of the reason why another activity pursuant to (c)7 above of this subchapter was not submitted for consideration by the Board;

vi. A statement that the certificate holder did not directly cause or contribute in any way to the circumstances preventing the satisfactory completion of the education requirement; and

vii. Any additional information that the Board determines is reasonable and necessary to evaluate the waiver request.

2. All waiver requests, and any additional information submitted to the Board in support of the waiver request, shall be submitted with the certificate holder's signed and certified oath set forth at N.J.A.C. 5:62-2.1(b).

3. Waiver requests shall be submitted with the application to renew the certificate and received by the Board no later than 30 days prior to the certificate expiration date.

4. Waiver requests may be denied if:

i. The certificate holder fails to submit any information or documentation specified in (f)1 above and the signed oath specified in (f)2 above;

ii. The waiver request is not supported by sufficient documentation as determined by the Board;

iii. The waiver request is not submitted with the certificate holder's renewal application;

iv. The certificate holder's renewal application is received later than 30 days prior to the certificate's expiration date;

v. The certificate holder fails to submit additional information requested by the Board; or

vi. The Board determines that a waiver or reduction of the CECs is not merited based upon the information or documentation provided.

5. The Board's reasons for granting or denying the certificate holder's waiver request shall be included in its decision regarding the renewal application.

6. The Board may accept late CEC waiver requests if the certificate holder's hardship caused the delay in submittal.

(h) If a renewal application and waiver request, if applicable, and fee are not received, the certificate shall expire after 11:59 P.M. on January 31 of the expiring year. A certificate holder whose certificate has expired may renew his or her certificate within two years from its expiration date upon submittal of a complete renewal application, including proof of having obtained the required CECs, or CECs waiver request as specified at (f) above, and payment of the renewal fee. A new certificate shall be required of a certificate holder who fails to apply for renewal of the certificate within two years after its expiration. No individual shall perform work with an expired certificate. All business permits issued based on an expired certificate shall be void.

(i) The certificate of a certificate holder who has timely filed a complete renewal application in compliance with this section will remain in effect pending the certificate holder's receipt of the Board's decision regarding renewal of the certificate.

1. Where the certificate holder has allowed the certificate to lapse by failing to renew the certificate as provided in this section by 11:59 P.M. on January 31 of the expiring year, it shall be considered late as of March 1 of that year and any such late renewal application shall be accompanied by the appropriate renewal fee and an additional late fee of $ 300.00 per year or any fraction thereof.

(j) Certificates may be suspended if the certificate holder does not comply with the continuing education requirements of this section as determined by the Board.

(k) The Board may suspend a business permit if the business permit holder's designated certificate holder does not comply with the continuing education requirements as determined by the Board.

(l) For certificates that are renewed on January 31, 2014, and January 31, 2015, CECs shall have been acquired on or after July 15, 2010, the effective date of the amendments to the Act.

N.J. Admin. Code § 5:62-2.6

Administrative Change, 49 N.J.R. 332(a).

Amended by 52 N.J.R. 2100(b), effective 12/7/2020

Amended by R.2001 d.225, effective July 2, 2001.
See: 32 N.J.R. 3888(a), 33 N.J.R. 746(b), 33 N.J.R. 2289(a).
In (b), substituted "Division" for "Bureau".
Amended by R.2006 d.435, effective December 18, 2006.
See: 38 N.J.R. 3109(a), 38 N.J.R. 5357(a).
In (b), inserted "registered" and "payment of the" and substituted "A renewal" for "An"; and in (c), substituted "the renewal" for "a prorated".
Amended by R.2014 d.051, effective March 17, 2014.
See: 45 N.J.R. 2296(a), 46 N.J.R. 533(a).
Section was "Renewal". Rewrote the section.
Amended by R.2020 d.131, effective December 7, 2020.
See: 52 N.J.R. 1317(a), 52 N.J.R. 2100(b).
Rewrote the section.