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VOLUME 37, ISSUE 18
ISSUE DATE: SEPTEMBER 19, 2005
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY STATE BOARD OF ARCHITECTS
INTERIOR DESIGN EXAMINATION AND EVALUATION COMMITTEE

37 N.J.R. 3548(a)

Proposed New Rules: N.J.A.C. 13:27-9

Interior Design Examination and Evaluation Committee; Certification of Interior Designers; Certified Interior Designer Standards of Practice

Authorized By: New Jersey State Board of Architects, James Hsu, Executive Director, in consultation with the Interior Design Examination and Evaluation Committee.

Authority: N.J.S.A. 45:3-31 et seq.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2005-348.

Submit written comments by November 18, 2005 to:
James Hsu, Executive Director
New Jersey State Board of Architects
Post Office Box 45001
Newark, New Jersey 07101

The agency proposal follows:

Summary

The Interior Design Examination and Evaluation Committee was created within the Division of Consumer Affairs under the New Jersey State Board of Architects pursuant to P.L. 2002, c. 86 (N.J.S.A. 45:3-31 et seq.). Pursuant to its rulemaking authority, N.J.S.A. 45:3-3, the New Jersey State Board of Architects ("the Board") is proposing new rules, N.J.A.C. 13:27-9, establishing the Interior Design Examination and Evaluation Committee ("the Committee"), the rules for the certification of interior designers and the standards of practice for certified interior designers in the State of New Jersey.

The following is a summary of the proposed new subchapter.

Proposed new rule N.J.A.C. 13:27-9.1 establishes the purpose of the subchapter as being to implement the provisions of P.L. 2002, c. 86 (N.J.S.A. 45:3-31 et seq.), which created the Interior Design Examination and Evaluation Committee under the New Jersey State Board of Architects, and details the scope of the new rules.

Proposed new rule N.J.A.C. 13:27-9.2 contains definitions of words and terms used in the subchapter. Proposed new rule N.J.A.C. 13:27-9.3 states that the office of the Committee is that which is maintained by the Board pursuant to N.J.A.C. 13:27-2.2.

Proposed new rule N.J.A.C. 13:27-9.4 details the application requirements for certification as a certified interior designer which include successful completion of an examination, payment of the certification fee, demonstration of good moral character and providing an acceptable combination of education and experience as provided in the rule. The rule also provides certain recordkeeping requirements for the Committee.

Proposed new rule N.J.A.C. 13:27-9.5 provides the requirements for certification without examination (grandfathering) which are valid for 360 days after the Committee members first officially meet after having been certified. Proposed new rule N.J.A.C. 13:27-9.6 sets forth the requirements for biennial certification renewal, including the election of inactive status, and the requirements for reinstatement of a suspended certificate. Proposed new rule N.J.A.C. 13:27-9.7 establishes the requirements for an individual with an inactive status to return to active status.

Proposed new rule N.J.A.C. 13:27-9.8 sets forth the requirements for display of a certificate, the requirements regarding the signing of documents prepared by the certified interior designer and the required information that is to be contained in a title block.

Proposed new rule N.J.A.C. 13:27-9.9 sets forth the requirements for obtaining replacement and duplicate certificates. Proposed new rule N.J.A.C. 13:27-9.10 establishes the continuing education credit requirements for certified interior designers.

Proposed new rule N.J.A.C. 13:27-9.11 sets forth the programs that for which a certified interior designer may receive credit.

Proposed new rule N.J.A.C. 13:27-9.12 sets forth the compliance requirements with continuing education, including certification of compliance, audit and retention of documents.

Proposed new rule N.J.A.C. 13:27-9.13 sets forth the criteria for the Committee, with the approval of the Board, to waive, extend or otherwise modify the continuing education requirements.

Propose new rule N.J.A.C. 13:27-9.14 establishes the rules of professional conduct for certified interior designers. Proposed new rule N.J.A.C. 13:27-9.15 prohibits the use of certain titles by individuals who are not certified interior designers.

Proposed new rule N.J.A.C. 13:27-9.16 requires that certified interior designers notify the Board of any change of address registered with the Board and states that service of process is deemed adequate when served at the certificate holder's address on file with the Board.

Proposed new rule N.J.A.C. 13:27-9.17 sets forth the fees charged by the Board for interior designer certification matters.

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

Social Impact

Proposed new rule N.J.A.C. 13:27-9.4, setting forth the certification requirements for certified interior designers, will benefit the public and applicants for certification. The educational and examination requirements for potential certificate holders will ensure that well qualified interior designers will be certified and this will protect and benefit the public. Potential certificate holders will benefit from the public confidence in the profession that will result from certification.

Proposed new rule N.J.A.C. 13:27-9.5 permitting interior designers who meet the experience and other requirements to become certified without a written examination will have a positive impact on the public and certificate holders. The public will benefit from the service of these experienced interior designers. The eligible interior designers will benefit from the streamlined certification process.

Proposed new rule N.J.A.C. 13:27-9.6, regarding certification renewal, will benefit the public by ensuring that certificate holders are up to date with all certification requirements and will promote greater accountability among certificate holders.

Proposed new rules N.J.A.C. 13:27-9.10 and 9.11, which set forth continuing education requirements, will benefit certificate holders and the public. The continuing education courses will keep certificate holders up to date with the latest technical advances and changes in interior design as well as other health, safety and welfare issues facing interior designers. Additionally, certificate holders who are sole practitioners will benefit from interaction with their colleagues. The proposed new rule will also give the public greater confidence in interior design and in the competence of certificate holders.

Proposed new rule N.J.A.C. 13:27-9.14, setting forth the rules of professional conduct for certificate holders, will have a positive effect on the public. In addition to ensuring that certificate holders practice in an ethical manner, the information required in advertisements by certificate holders will help the public to identify the certificate holder and report any problems to the Committee.

Economic Impact

The Board expects that the proposed new rules will have an economic impact on interior designers seeking certification. The Board notes that certification for interior designers is voluntary, so any expense incurred by applicants and certificate holders is also voluntary. Some applicants for certification will incur costs to comply with educational requirements and the examination fee and all applicants will incur certification fees. Additionally, applicants will incur costs for continuing education and advertising and will be subject to fines and penalties for violating rules. These costs may be passed on to interior design clients; however, the public will benefit from the expected increased competence of certified interior designers.

The cost of continuing education courses is established by sponsors who offer such courses.

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal standards or requirements applicable to the proposed new rules.

Jobs Impact

The Board believes that by making interior design a regulated profession, new jobs may be created. By setting forth qualifications and certifying individuals who practice interior design, the interior design profession will be strengthened in New Jersey which will create more job opportunities in the profession. To the extent that individuals choose not to be certified, there is no prohibition in practicing as an interior designer; however, individuals who are not certified may not advertise or otherwise use the title of certified interior designer.

Agriculture Industry Impact

The proposed new rules will have no impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. (the Act), requires the Board to give a description of the types and an estimate of the number of small businesses to which the proposed new rules will apply. If, for the purposes of the Act, the approximately 500 interior designers that the Committee believes will be certified under these rules are considered "small businesses" within the meaning of the Act, then the following analysis applies. The Act requires the Board to set forth the reporting, recordkeeping, and other compliance requirements of the proposed rules including the kinds of professional services likely to be needed to comply with the requirements. The Act further requires the Board to estimate the initial and annual compliance costs, outline the manner in which it has designed the rules to minimize any adverse economic impact upon small businesses, and to set forth whether the rules establish differing compliance requirements for small businesses.

The proposed new rules impose reporting, recordkeeping and compliance requirements. Specifically, N.J.A.C. 13:27-9.4 details the process and requirements for applicants to obtain certification as a certified interior designer. N.J.A.C. 13:27-9.5 details the process and requirements for interior designers to become certified without taking a written examination. N.J.A.C. 13:27-9.6 sets forth the requirements for biennial certification renewal, the procedure to change the certification status from active to inactive and the reinstatement of a suspended certificate. N.J.A.C. 13:27-9.7 sets forth the requirements for changing the certification status from inactive to active. N.J.A.C. 13:27-9.8 sets forth the requirement concerning the display of a certificate. N.J.A.C. 13:27-9.10 and 9.11 set forth continuing education requirements for certificate holders including the number of credit hours and types of course which must be completed. N.J.A.C. 13:27-9.14 sets forth the rules of professional conduct, including advertising requirements, for certificate holders. N.J.A.C. 13:27-9.15 prohibits the use of certain titles by individuals who are not certified interior designers. N.J.A.C. 13:27-9.16 requires all certificate holders to notify the Committee in writing of any address change. N.J.A.C. 13:27- 9.17 sets forth fees which applicants and certificate holders must pay.

No additional professional services will be needed to comply with the proposed new rules. The costs of compliance with the proposed new rules are discussed in the Economic Impact above. The Board believes that the proposed new rules should be uniformly applied to all certified interior designers and applicants for certification in order to ensure the public's health, safety and welfare in the provision of interior design services and, therefore, no differing compliance requirements for any certificate holders are provided based on the size of the business.

Smart Growth Impact

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

Full text of the proposed new rules follows:

SUBCHAPTER 9. INTERIOR DESIGN EXAMINATION AND EVALUATION COMMITTEE; CERTIFICATION OF INTERIOR DESIGNERS; CERTIFIED INTERIOR DESIGNER STANDARDS OF PRACTICE

13:27-9.1 Purpose and scope

(a) The rules in this subchapter are intended to protect the health and safety of the public through certification of interior designers pursuant to N.J.S.A. 45:3-31 et seq.

(b) This subchapter prescribes standards for interior designer certification and for the renewal, suspension or revocation of that certification.

13:27-9.2 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

"Board" means the New Jersey State Board of Architects.

"Certified interior designer" means an individual who through education, training, and experience is skilled in interior design services for commercial and residential spaces and is certified by the Board and holds a current, valid certificate.

"Committee" means the Interior Design Examination and Evaluation Committee.

"Interior design services" means the rendering or offering to render services, for a fee or other valuable consideration, in the preparation and administration of interior design documents, including, but not limited to, drawings, schedules and specifications which pertain to the design intent and planning of interior spaces, including furnishings, layouts, non-load bearing partitions, fixtures, cabinetry, lighting location and type, outlet location and type, switch location and type, finishes, materials and interior construction not materially related to or materially affecting the building systems, in accordance with applicable laws, codes, regulations and standards.

13:27-9.3 Office of the Committee

The office of the Committee shall be that which is maintained by the Board pursuant to N.J.A.C. 13:27-2.2, Administration, under the supervision of the person selected to serve as executive director.

13:27-9.4 Application for initial certification by examination

(a) An applicant for initial certification as a certified interior designer shall:

1. Submit a completed application provided by the Board;

2. Successfully complete the National Council on Interior Design Qualification (NCIDQ) examination which may have been passed at any time prior to application. An applicant may apply to the Committee prior to taking the examination;

3. Pay the initial certification fee as set forth in N.J.A.C. 13:27-9.17;

4. Demonstrate good moral character by furnishing three personal references, two from individuals who have known the applicant for at least five years and one from a State certified or licensed design professional, such as an interior designer, architect or professional engineer, who has first hand experience of the applicant's work. No individual providing a reference shall be related to the applicant. The applicant shall be responsible for ensuring that the Board receives these references; and

5. Provide proof of one of the following combinations of education and experience demonstrating that the applicant:

i. Is a graduate of a five-year interior design program accredited by the Foundation for Interior Design Education and Research (FIDER) or a substantially equivalent program approved by the Committee pursuant to (e) below and has completed at least one year of diversified interior design services experience;

ii. Is a graduate of a four-year interior design program accredited by FIDER or a substantially equivalent program approved by the Committee pursuant to (e) below and has completed at least two years of diversified interior design services experience;

iii. Has completed at least three years of an interior design program accredited by FIDER or substantially equivalent program approved by the Committee pursuant to (e) below which shall be demonstrated by the successful completion of at least 90 semester credits or their equivalent of which at least 60 semester credits or their equivalent shall be in interior design related course work and has completed at least three years of diversified interior design services experience; or

iv. Is a graduate of a two-year interior design program accredited by FIDER or a substantially equivalent program approved by the Committee pursuant to (e) below and has completed four years of diversified interior design services experience.

(b) If the applicant applies to the Committee prior to taking the examination and meets all the other requirements for certification under this section, the Board shall submit the applicant's name to take the NCIDQ examination.

(c) For the purposes of this section, the Committee shall only consider experience that the applicant achieved after the successful completion of at least 40 semester credits or their equivalent in interior design related course work in the applicant's respective educational program.

(d) For the purposes of this section, any educational program accredited by FIDER shall be deemed an approved program.

(e) An applicant for certification as an interior designer who is a graduate of a school or program not accredited by FIDER shall provide to the Committee an official transcript of his or her courses, a true and accurate course description for each of the interior design courses for which the candidate is seeking credit toward certification and/or other such documentation that is requested by the Committee. The Committee, in its consideration of the academic program, shall compare the degree to the standards promulgated by FIDER. Thereafter, the Committee may require the candidate to appear before the Committee for a personal interview and to present representative samples of his or her interior design work.

(f) On receipt of the completed application form, fee and all required documentation, the Board shall refer the application to the Committee for evaluation and approval.

(g) The Committee shall refer to the Board for approval or denial, as it may be appropriate, all applications with the Committee's recommendations after the Committee has completed its evaluation of the application.

(h) The Committee shall keep a record of its proceedings and a record of all applicants for certification, showing for each the date of application, name, age, education, and other qualifications, place of practice and place of residence, and whether the applicant was rejected or a certificate granted, and the date of that action.

13:27-9.5 Certification without written examination (grandfathering)

(a) Upon submission of a completed application provided by the Board for certification as a certified interior designer and payment of the application fee set forth in N.J.A.C. 13:27-9.17 and after review and recommendation by the Committee, the Board shall issue, without written examination, a certificate to any person who applies for certification by (the 360th day after the Committee members first officially meet after having been certified), was a resident of this State on October 22, 2002, and:

1. Has completed at least 17,500 hours of diversified professional experience in interior design during a period of at least 10 years preceding October 22, 2002. For purposes of this paragraph, "diversified professional experience in interior design" means the preparation and administration, in accordance with applicable laws, codes, regulations and standards, of interior design documents including, but not limited to, drawings, schedules and specifications pertaining to the design intent and planning of interior spaces which shall include:

i. Furnishings,

ii. Layouts,

iii. Non-load bearing partitions,

iv. Fixtures,

v. Cabinetry,

vi. Lighting location and type,

vii. Outlet location and type,

viii. Switch location and type,

ix. Finishes,

x. Materials, and

xi. Interior construction not materially related to or materially affecting the building systems;

2. Demonstrates good moral character by furnishing three personal references, two from individuals who have known the applicant for at least five years and one from a State certified or licensed design professional, such as an interior designer, architect or professional engineer, who has first hand experience of the applicant's work. No individual providing a reference shall be related to the applicant. The applicant shall be responsible for ensuring that the Board receives these references; and

3. Pays the initial certification fee set forth in N.J.A.C. 13:27-9.17.

(b) The Committee may request additional documentation as it believes necessary, including, but not limited to, drawings, schedules and specifications prepared by the applicant, to verify the information contained in the application.

13:27-9.6 Biennial certification renewal; certificate suspension; reinstatement of suspended certificate; inactive status

(a) All certificates issued by the Board shall be issued for a two-year biennial certification period. A certificate holder who seeks renewal of the certificate shall submit a completed renewal application, a statement that the certificate holder has successfully completed the continuing education requirement pursuant to N.J.A.C. 13:27-9.10 and the renewal fee as set forth in N.J.A.C. 13:27-9.17 prior to the expiration date of the certificate.

(b) The Board shall send a notice of renewal to each certificate holder at the address registered with the Board at least 60 days prior to the expiration of the certificate. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the certificate holder for failure to renew.

(c) If a certificate holder does not renew the certificate prior to its expiration date, the certificate holder may renew the certificate within 30 days of its expiration by submitting a renewal application, a statement that the certificate holder has successfully completed the continuing education requirement pursuant to N.J.A.C. 13:27-9.10, a renewal fee and a late fee, as set forth in N.J.A.C. 13:27-9.17. During this 30-day period, the certificate shall be valid, and the certificate holder shall not be deemed to be engaged in unauthorized practice.

(d) A certificate that is not renewed within 30 days of its expiration shall be automatically suspended. An individual who holds himself or herself out as a certified interior designer with a suspended certificate shall be in violation of N.J.A.C. 13:27-9.15.

(e) A certificate holder whose certificate has been automatically suspended for five years or less for failure to renew pursuant to (d) above may be reinstated by the Committee upon completion of the following:

1. Payment of the reinstatement fee and all past delinquent biennial renewal fees pursuant to N.J.A.C. 13:27-9.17;

2. Submission of proof of completion of the continuing education credits required for each biennial registration period for which the certificate was suspended; and

3. Submission of an affidavit of employment listing each job held during the period of suspended certificate which includes the name, address, and telephone number of each employer.

(f) In addition to fulfilling the requirements set forth in (e) above, a certificate holder whose certificate has been automatically suspended for more than five years who wishes to return to practice shall reapply for certification and shall demonstrate that he or she has maintained proficiency. An applicant who fails to demonstrate to the satisfaction of the Committee that he or she has maintained proficiency while suspended may be subject to an examination or other requirements as determined by the Committee prior to reinstatement of his or her certificate.

(g) Renewal applications shall provide the certificate holder with the option of either active or inactive status. A certificate holder electing inactive status shall pay the inactive certification fee set forth in N.J.A.C. 13:27-9.17 and shall not hold himself or herself out as a certified interior designer.

13:27-9.7 Change of certification status: inactive to active

(a) A certificate holder who elected to be placed on inactive status and who has been on inactive status for five years or less may have that certificate reinstated by the Board upon completion of the following:

1. Payment of the biennial renewal fee and reinstatement fee pursuant to N.J.A.C. 13:27-9.17;

2. Submission of proof of completion of the continuing education credits required for each biennial certification period for which the certificate holder was on inactive status; and

3. Submission of an affidavit of employment listing each job held during the period the certificate was on inactive status which includes the name, address, and telephone number of each employer.

(b) In addition to fulfilling the requirements set forth in (a) above, a certificate holder who has been on inactive status for more than five years who wishes to return to active status shall reapply for certification and shall demonstrate that he or she has maintained proficiency. An applicant who fails to demonstrate to the satisfaction of the Committee that he or she has maintained proficiency while on inactive status may be subject to an examination or other requirements as determined by the Committee prior to reinstatement of his or her certificate.

13:27-9.8 Display of certificate; signature; title block

(a) A certified interior designer shall prominently display:

1. The original certificate or a duplicate certificate issued by the Board showing the current biennial certification period at each place of business or employment; and

2. The certified interior designer's certification number on all advertisements distributed within this State in a manner consistent with N.J.A.C. 13:27-9.14(n).

(b) All interior design documents prepared by the certified interior designer shall be signed on the original with the personal signature of the certified interior designer.

(c) A certified interior designer shall provide the following information in a title block, which shall be placed on all interior design documents prepared by the certified interior designer and shall appear legible and clearly reproducible:

1. The full name of the certified interior designer as it appears on the certificate issued by the Board;

2. The signature of the certified interior designer;

3. The certificate number and title: New Jersey Certified Interior Designer, and

4. The date when signed.

(d) Other information may appear with or within the title block provided that the name of the certified interior designer is readily discernible from the other information on the document.

13:27-9.9 Replacement and duplicate certificates

(a) Each certification number and certificate containing such certification number issued by the Board to a certified interior designer shall remain the property of the State of New Jersey. If the Board suspends, fails to renew, or revokes a certification, the certificate holder shall immediately return all certificates to the Board and shall remove the certification number from all advertising and anything else on which the certification number is displayed or otherwise communicated.

(b) The Board shall issue a replacement certificate to a certified interior designer upon payment of the replacement certificate fee as set forth in N.J.A.C. 13:27-9.17 and receipt by the Board of an affidavit or certified statement attesting that the original was either lost, destroyed, mutilated or is otherwise no longer in the custody of and cannot be recovered by the certificate holder.

(c) The Board shall issue a duplicate certificate to a certified interior designer upon payment of the duplicate certificate fee as set forth in N.J.A.C. 13:27-9.17 and receipt by the Board of an affidavit or certified statement that the certified interior designer has multiple places of business in which the certificate holder must display a certificate. A certified interior designer may not possess more certificates than the number of places of business utilized by the certified interior designer.

13:27-9.10 Continuing education credit requirements

(a) For the purposes of this subchapter, a "continuing education credit hour" means a continuing education credit consisting of one 60-minute clock hour of an educational activity with no less than 50 minutes of instructional content within the hour.

(b) A certificate holder shall not be required to obtain continuing education credit hours during the first biennial renewal period in which the certificate holder first obtains certification. For each succeeding biennial renewal period, the certificate holder shall complete a minimum of 12 continuing education credit hours related to interior design services. Of the 12 continuing education credit hours, at least six must concern health, safety and welfare issues related to interior design services.

13:27-9.11 Continuing education programs and courses

(a) The certificate holder may obtain continuing education credit as follows:

1. Seminars, conferences, courses and other programs offered for the purpose of keeping the certificate holder informed of advances and new developments in the profession and approved by the Interior Design Continuing Education Council (IDCEC): one hour for each hour of attendance;

2. Successful completion of interior design graduate course work from a program accredited by the Foundation for Interior Design Education and Research (FIDER) or a substantially equivalent program as determined by the Committee in a manner consistent with N.J.A.C. 13:27-9.4(e) taken beyond that required for professional certification: a maximum of five hours for each course; or

3. Courses, programs or seminars offered or approved by the New Jersey Department of Community Affairs that are directly related to the practice of interior design: one hour for each hour of attendance.

13:27-9.12 Certification of compliance with continuing education requirements

(a) A certificate holder applying for certificate renewal as set forth in N.J.A.C. 13:27-9.5 shall confirm on the renewal application that he or she has completed the required continuing education during the preceding biennial period set forth in N.J.A.C. 13:27-9.10.

(b) Each certificate holder shall be subject to audit by the Committee and shall submit documentation of completed continuing education courses and programs upon request. Failure to provide requested documentation or falsification of any information submitted to the Committee may result in disciplinary action.

(c) Each certificate holder shall retain for a period of not less than five years continuing education documentation for each seminar, conference, course or other program including its title, a descriptive outline including the sponsor and names of presenters, and its description as prepared by the sponsor including dates and hours.

13:27-9.13 Waiver or modification of continuing education requirements

(a) The Committee, at its discretion and with the approval of the Board, may waive, extend or otherwise modify continuing education requirements on an individual basis for reasons of emergency or hardship, such as severe illness or disability which prevents attendance at or completion of continuing education, military service or other good cause as demonstrated by the certificate holder.

(b) Any certificate holder seeking a waiver, extension or modification of the continuing education requirements shall submit a request to the Committee in writing specifying the reasons for the waiver, extension or modification. The certificate holder shall also provide the Committee with such information as it may reasonably require in support of the request.

13:27-9.14 Rules of professional conduct

(a) If, in the course of his or her work on a project, a certified interior designer becomes aware of a decision taken by his or her employer or client, against the interior designer's advice, which violates applicable Federal, state, county or municipal building laws or regulations and which would, in the interior designer's exercise of reasonable judgment, materially and adversely affect the health, safety and welfare of the public, the interior designer shall notify the employer or the client of such consequences and such other public authority as may be appropriate in the situation.

(b) A certified interior designer may accept an assignment or employment requiring education or experience outside his or her field of competence, but only to the extent that the services are restricted to those phases of the project in which he or she may, without undue cost or hardship to the client, reasonably become qualified. All other phases of such project shall be performed by qualified associates, consultants, or employees in conformance with the statutes and rules governing their respective professions.

(c) A certified interior designer shall not affix a personal signature to any plan or document dealing with any subject matter in which there is a lack of competence by virtue of education or experience or to any such plan or document not prepared by the certified interior designer.

(d) A certified interior designer shall be completely objective and truthful in all professional reports, statements or testimony and shall include all relevant and pertinent information.

(e) When issuing any statement, criticisms or arguments on matters connected with public policy which are inspired or paid for by an interested party or parties, a certified interior designer shall preface such comment by explicit personal identification, by disclosing the identity of the party or parties on whose behalf he or she is speaking, and by revealing the existence of any pecuniary interest he or she may have in the instant matters.

(f) A certified interior designer shall not accept compensation, financial or otherwise, from more than one party for services on the same project, or for services pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to by, all interested parties.

(g) A certified interior designer shall not solicit or accept financial or other valuable considerations from material or equipment suppliers for specifying their products unless such consideration is disclosed to the client.

(h) A certified interior designer shall not solicit or accept gratuities or anything of value not related to work performed, directly or indirectly, from contractors, their agents, or other parties dealing with his or her client or employer in connection with work for which he or she is responsible.

(i) When in public service as a member, advisor or employee of a governmental body or department, a certified interior designer shall not participate in considerations or actions with respect to services provided by the individual or the individual's professional organization in private practice.

(j) A certified interior designer shall not solicit or accept a contract from a government body on which a principal or officer of his or her organization serves as a member.

(k) A certified interior designer shall not offer to pay, either directly or indirectly, any commission, political contribution, gift or other consideration in order to secure or retain work, exclusive of securing positions through employment agencies.

(l) A certified interior designer shall not falsify or permit misrepresentation of academic or professional qualifications. A certified interior designer shall not misrepresent or exaggerate degrees of responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures or past accomplishments with the intent and purpose of enhancing his or her qualifications and work.

(m) A certified interior designer shall not knowingly associate with or permit the use of a personal name or firm name in a business venture by any person or firm which he or she knows, or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature or is otherwise engaging in unlawful activities.

(n) All advertisements of certificate holders which make specific reference to service as an "interior designer" shall list the name and certificate number of the certified interior designer. If the certificate holder conducts the practice under a corporation or trade name, the advertisement may list the business name under which the practice is conducted but shall also conspicuously disclose the name and certificate number of at least one certificate holder who is a principal in the business entity. For the purposes of this subsection, "advertisement" means any communication in which interior design services are offered or by which the availability of interior design services is made known to the public including, but not limited to, newspaper, periodical, journal, flyer, professional stationery, telephone directory, billboard, sign (other than a sign used only for identification purposes at the business premises), radio, telephone for the purpose of solicitation, television, Internet, or any other print or electronic media.

1. A certified interior designer whose advertisement or listing in a telephone directory or other consumer information directory does not comply with this requirement shall immediately notify the directory publisher of the additional data, which shall be published in the next available directory in which the certified interior designer intends to continue such advertisement or listing. The certificate holder, personally or through the business entity, shall retain a copy of the notification which shall be made available for inspection at the Board's request.

2. A certified interior designer who is not a principal in the business entity for which he or she works shall notify the proper personnel in the business entity of the requirements of this section. The certificate holder shall retain a copy of the notification which shall be made available for inspection at the Board's request. The Board may take such notification into account under certain circumstances where advertising by a business entity is in violation of this section.

(o) If a certified interior designer has knowledge or reason to believe that another person or firm may be in violation of any of these rules, the certified interior designer shall present such information to the Board in writing and shall cooperate with the Board in furnishing such further information or assistance as may be required by the Board.

(p) A certified interior designer shall cooperate fully with the Committee and the Board and shall respond to all requests for information and documentation in a timely and truthful manner.

13:27-9.15 Prohibited titles for non-certified persons

(a) Any individual who is not a certified interior designer may advertise and offer services to the public provided that the description of the advertiser's title and services conforms to the requirements of (b) below.

(b) An individual who is not a certified interior designer shall not use any title in this State or any other title, designation, sign, card or device indicating that such person is a certified interior designer. For example, an individual who is not a certified interior designer may not use the following titles or description of services:

1. Certified Interior Designer;

2. Licensed Interior Designer;

3. Registered Interior Designer;

4. C.I.D.; or

5. Certified Interior Design.

(c) The titles and descriptions listed in (b) above are not all-inclusive.

13:27-9.16 Notification of change of address; service of process

(a) A certified interior designer shall notify the Board in writing of any change from the address registered with the Board and shown on the most recently issued certificate. Such notice shall be sent to the Board by certified mail, return receipt requested, not later than 30 days following the change of address. Failure to notify the Board of any change of address may result in disciplinary action.

(b) Service of an administrative complaint or other Board initiated action at a certificate holder's address on file with the Board shall be deemed adequate notice when service by certified or regular mail is acceptable and shall allow the commencement of any disciplinary proceedings.

13:27-9.17 Fee schedule

(a) The following fees shall be charged by the Board for interior designer certification matters. Unless otherwise provided herein, all fees are nonrefundable.

1. Application fee $ 125.00

2. Initial certification fee

i. If paid during the first year of a biennial renewal period $ 160.00

ii. If paid during the second year of a biennial renewal period $ 80.00

3. Biennial renewal fee - active status $ 160.00

4. Biennial renewal fee - inactive status (to be determined by Director by regulation)

5. Late fee $ 50.00

6. Reinstatement fee $ 100.00

7. Duplicate or replacement certificate fee $ 25.00

8. Verification of certification $ 25.00



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