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New Jersey Register
Volume 34, Number 21
Monday, November 4, 2002
Rule Proposal

Law And Public Safety
Division of Consumer Affairs
Professional Planners
Employment Of Licensed Professional Planners By State
Or Political Subdivisions; Licensure; Planner-In-Training

Proposed New Rules: N.J.A.C. 13:41-3.3, 5 and 6

Authorized By: State Board of Professional Planners, Jay J. Church, Executive Director.

Authority: N.J.S.A. 45:14A-4.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2002-401.

Submit written comments by January 3, 2003 to:

Jay J. Church, Executive Director
State Board of Professional Planners
PO Box 45016
Newark, NJ 07101

The agency proposal follows:

Summary

Pursuant to its rulemaking authority, N.J.S.A. 45:14A-4, the State Board of Professional Planners (the Board) is proposing new rule N.J.A.C. 13:41-3.3 concerning the employment of licensed professional planners by State or political subdivisions, and new rules N.J.A.C. 13:41-5 concerning licensure of planners and N.J.A.C. 13:41-6 concerning certification for planners-in- training.

The Board proposes new rule N.J.A.C. 13:41-3.3 to state that an employee of the State government or any of its subdivisions holding the civil service title of Director of Planning, Assistant Director of Planning or Supervising Planner, or in subdivisions which are not subject to the Civil Service Act, the equivalent of these titles, is deemed to be a Professional Planner in responsible charge of planning work. The employee is required to hold a Professional Planners license issued by the Board.

The Board is proposing new rules N.J.A.C. 13:41-5.1 and 5.2 concerning the licensure of professional planners by the Board. Proposed new rule N.J.A.C. 13:41-5.1 states that the purpose of the subchapter is to establish licensing and examination requirements to be eligible for licensure as a professional planner. N.J.A.C. 13:41-5.2 defines words and terms which are used in the subchapter.

N.J.A.C. 13:41-5.3 sets forth the licensing requirements for professional planners. An applicant for licensure must be of good moral character, meet specific educational requirements, pass the professional planners examination and pay all appropriate fees. An applicant has several available options to fulfill the educational requirement. An applicant may obtain a graduate degree in professional planning which offers instruction in recognized planning subjects; an undergraduate degree in professional planning in a curriculum with a minimum of 21 credit hours in recognized planning subjects along with three years experience in the full-time practice of professional planning; an undergraduate degree in a field other than professional planning with a minimum of four years experience in the full-time practice of professional planning; or graduation from a secondary school and at least eight years of professional planning experience.

Subsection (b) states that work experience receiving college credit and volunteer work does not count as work experience for licensure. Subsection (c) states that part-time work which is intended to be credited for licensure will be prorated to its full time equivalent. Subsection (d) states that the work of a professional planner does not include or supersede any duties of an attorney at law, licensed professional engineer, land surveyor or registered architect.

Proposed new rule N.J.A.C. 13:41-5.4 details the examination requirements for licensure. Subsection (a) states the applicants must obtain a passing grade on both parts of the professional planners examination. The first part is administered by the American Institute of Certified Planners and the second part, which covers planning requirements from the Municipal Land Use Law and other related planning statutes, is administered by the Board. Subsection (b) states that an application may be held for two years if the applicant qualifies to take the initial examination but does not pass. The applicant must file a new application after two years. Subsection (c) states that a New Jersey licensed engineer, architect, landscape architect or land surveyor is exempt from taking the first part of the planners examination.

Proposed new rule N.J.A.C. 13:41-5.5 details the requirements for license issuance and renewal. Subsection (a) states that professional planners licenses will be issued for two years and renewed biennially. Licensees seeking to renew their licenses must submit a renewal application and pay the renewal fee prior to expiration. Subsection (b) states that renewal applications will provide the applicant the option to renew as active or to become inactive. Subsection (c) states that a licensee who does not renew the license prior to its expiration may still renew it within 30 days. Subsection (d) states that a license that is not renewed within 30 days of its expiration expires and any individual continuing to practice is engaged in unlicensed practice. Subsection (e) states that a licensee whose license has been expired for five years or more, must successfully complete the examination required for initial licensure as a licensed Professional Planner. Subsection (f) states that falsification of any information contained in the renewal application may result in penalties and/or suspension.

Proposed new rule N.J.A.C. 13:41-6.1 sets forth the requirements to receive a planner-in-training certificate. Subsection (a) states that an applicant must be of good moral character, and provide proof of a degree in an approved course in planning of four or more years or must present a detailed record of four or more years of active practice in planning work. The applicant must also obtain a passing grade on a qualifying examination in the fundamental professional planning subjects. Subsection (b) states that a planner-in-training certificate is valid for 10 years.

Subsection (c) states that a planner-in-training may be upgraded to a licensed professional planner by submitting an upgrade form demonstrating the required work experience or transcripts verifying that the planner-in-training has completed the required educational experience. Subsection (d) states that work experience receiving college credit and volunteer work do not count as work experience for licensure. Subsection (e) states that any part-time work which is credited towards licensure is prorated to its full-time equivalent.

As the Board has provide 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

The proposed new rules will have a positive impact on licensees and the public. The public will benefit from new rule N.J.A.C. 13:41-3.3 which requires that any person who is in responsible charge of professional planning work, including those working in governmental agencies as well as private entities must be a licensee and, therefore, under the jurisdiction of the Board. This will ensure that all persons who perform planning work in New Jersey are licensed under the same standards.

Proposed new rules N.J.A.C. 13:41-5 and 6 will benefit prospective applicants by setting forth the licensing requirements, application procedures and biennial renewal requirements and will benefit planners-in-training by setting forth requirements for certification. The public will benefit from the knowledge that all licensees of the Board have met specific requirements for licensure and would-be planners are in a training program that qualifies them as certified.

Economic Impact

Proposed new rule N.J.A.C. 13:41-3.3 will impact any person who is in responsible charge of professional planning work who is not currently a licensee of the Board to become licensed and thereby incur all costs associated with licensure including biennial license renewal, late fees and reinstatement fees.

Proposed new rule N.J.A.C. 13:41-5 will impact applicants for professional planning licensure and licensees. Applicants will incur costs in completing the educational and examination requirements and paying the application fee and initial licensure fee. Licensees will incur a biennial license renewal fee and may incur a late fee if they fail to renew their license within 30 days of its expiration or a reinstatement fee.

Proposed new rule N.J.A.C. 13:41-6 will impact applicants for a planner-in- training certificate. Applicants will incur costs in completing the educational requirements and for the application fee and initial license fee.

Federal Standards Statement

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

Jobs Impact

The proposed new rules may have a jobs impact on individuals in certain specified governmental agencies who are not licensees of the Board and would be required to obtain licensure in order to be in responsible charge of the professional planning work. If the individuals are unwilling to obtain licensure, then they would be unable to represent themselves as professional planners to the public.

The Board does not anticipate that the proposed new rules will increase or decrease jobs in the State.

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 rules will apply. If, for the purposes of the Act, the approximately 1,300 licensed professional planners 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 new 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 contain no reporting or recordkeeping requirements but do contain several compliance requirements which have been described in the Summary above.

Proposed new rules in subchapter 5 contain compliance requirements related to licensure. Proposed new rule N.J.A.C. 13:41-5.3 sets forth the specific requirements that applicants must complete including education, examination and fees. Proposed new rule N.J.A.C. 13:41-5.4 states the specific examination requirements, the status of applications of candidates who qualify to take the examination but do not pass and that specific licensees are exempt from part one of the examination. Proposed new rule N.J.A.C. 13:41-5.5 sets forth the requirements for license issuance and renewal.

Proposed new rule N.J.A.C. 13:41-6.1 sets forth the requirements that an applicant must meet to obtain certification as a planner-in-training which include education, examination and experience. Additionally, the proposed new rule details how a planner-in-training may be upgraded to a licensee.

Costs of compliance are discussed in the Economic Impact above. The Board believes that no professional services are likely to be needed to comply with the proposed new rules. The Board considers the proposed new rules necessary to preserve the health, safety and welfare of the public. Compliance requirements do not differ based on size of the business in order to ensure that all planning services are provided uniformly throughout the State.

Smart Growth Impact

The Board does not anticipate that the proposed new rules will have any impact on the achievement of smart growth and the implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan. Full text of the proposed new rules follows: <<NJ ADC 13:41-3.3 >> <<+13:41-3.3 Employment of only licensed professional planners by State or political subdivisions+>> <<+An employee of the State government or any of its subdivisions holding the civil service title of Director of Planning, Assistant Director of Planning or Supervising Planner, or in subdivisions which are not subject to the Civil Service Act, the equivalent of these titles, shall be deemed to be a Professional Planner in responsible charge of planning work. The employee shall hold a Professional Planners license issued by the Board of Professional Planners.+>> <<+SUBCHAPTER 5. LICENSING+>> << NJ ADC 13:41-5.1 >> <<+13:41-5.1 Purpose+>> <<+The rules in this subchapter implement the licensing and examination requirements for an applicant to qualify to practice professional planning in the State of New Jersey, in accordance with N.J.S.A. 45:14A-9.+>> << NJ ADC 13:41-5.2 >> <<+13:41-5.2 Definitions+>> <<+The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.+>> <<+"Practice of professional planning" means the administration, advising, consultation or performance of professional work in the development of master plans in accordance with the provisions of N.J.S.A. 40:27-1 et seq. and 40:55D-1 et seq.; and other professional planning services related thereto intended primarily to guide governmental policy for the assurance of the orderly and co-ordinated development of municipal, county, regional, and metropolitan land areas, and the State or portions thereof.+>> <<+"Full-time" means working under the supervision of a licensed professional planner for a minimum of 35 hours per week.+>> <<+"Part-time" means working under the supervision of a licensed professional planner for a minimum of 15 hours per week.+>> <<+"Active participant in planning work" means full-time or its equivalent if accrued on a part-time basis.+>> << NJ ADC 13:41-5.3 >> <<+13:41-5.3 Licensing requirements for professional planners+>> <<+(a) An applicant for licensure as a professional planner shall:+>> <<+1. Be of good moral character;+>> <<+2. Satisfy the following educational requirements:+>> <<+i. A graduate degree in professional planning from an accredited college or university in a curriculum offering instruction in such recognized planning subjects as principles of land use planning, history of city planning, planning project design, and planning law and administration; with a minimum of two years' experience in the full-time practice of professional planning or a graduate degree in a field other than professional planning from an accredited college or university with a minimum of four years experience in the full-time practice of professional planning;+>> <<+ii. An undergraduate degree in professional planning from an accredited college or university in a curriculum offering a major or option comprising a minimum of 21 credit hours in such recognized planning subjects; with a minimum of three years' experience in the full-time practice of professional planning or an undergraduate degree in a field other than professional planning from an accredited collegeor university with a minimum of four years' experience in the full-time practice of professional planning; or+>> <<+iii. Graduation from a secondary school and at least eight years of professional planning experience;+>> <<+3. Pass the professional planners examination as required by N.J.A.C. 13:41-5.4; and+>> <<+4. Pay all fees as set forth in N.J.A.C. 13:41-3.2.+>> <<+(b) Work experience which receives college credit and volunteer work shall not count as work experience for licensure.+>> <<+(c) Any part-time work which is to be credited for licensure shall be prorated to its full time equivalent.+>> <<+(d) The work of the professional planner shall not include or supersede any of the duties of an attorney at law, a licensed professional engineer, land surveyor or registered architect of the State of New Jersey.+>> << NJ ADC 13:41-5.4 >> <<+13:41-5.4 Examination requirements+>> <<+(a) An applicant for licensure as a professional planner shall obtain a passing grade on both parts of the professional planner examination.+>> <<+1. The first part of the examination, administered by the American Institute of Certified Planners (AICP), shall consist of the following subjects:+>> <<+i. History of urban, rural, and regional planning;+>> <<+ii. Fundamental theories, research methods and common basic standards in professional planning;+>> <<+iii. Administrative and legal problems, instruments and methods; and+>> <<+iv. Current planning design and techniques.+>> <<+2. The second part of the examination, which shall be administered by the Board, shall cover planning law, procedures and practices as contained in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. and the related planning requirements of New Jersey statutes and regulations which directly affect planning practices and procedures.+>> <<+(b) If a candidate qualifies to take the initial examination but does not pass, the applicant's application shall be held for a period of two consecutive years. After two years, if the applicant does not take the examination or does not pass the examination, a new application shall be filed with the Board.+>> <<+(c) A person licensed in New Jersey as an engineer, architect, landscape architect or land surveyor is exempt from taking the first part of the examination and is only required to take the second part of the examination as described in (a)2 above.+>> << NJ ADC 13:41-5.5 >> <<+13:41-5.5 License issuance; renewal+>> <<+(a) Professional Planner licenses shall be issued for a period of two years and must be renewed biennially. A licensee who seeks renewal of his or her license shall submit a license renewal application and the license renewal fee to the Board as set forth in N.J.A.C. 13:41-3.2 to the Board prior to the expiration of the current license.+>> <<+(b) Renewal applications shall provide the applicant the option of either active or inactive status. Licensees electing inactive status shall apply to the Board and shall pay the inactive license fee and shall not engage in the practice of planning.+>> <<+(c) If a licensee does not renew his or her license prior to its expiration date, the licensee may renew the license within 30 days of its expiration by submitting a renewal application, a license renewal fee and a late fee, as set forth in N.J.A.C. 13:41-3.2.+>> <<+(d) A license that is not renewed within 30 days of its expiration date shall expire. Any individual who continues to practice with an expired license after 30 days following the license expiration date shall be deemed to be engaged in unlicensed practice. Thereafter, the licensee shall be required to apply for reinstatement and to pay the reinstatement fee as set forth in N.J.A.C. 13:41-3.2 in addition to the fee for the current biennial period.+>> <<+(e) An individual whose license has been expired for a period more than five years shall successfully complete the examination required for initial licensure as a licensed Professional Planner.+>> <<+(f) Falsification of any information submitted with the renewal application may result in penalties and/or suspension of the license pursuant to N.J.S.A. 45:1-21 through 45:1-25.+>> <<+SUBCHAPTER 6. PLANNER-IN-TRAINING+>> << NJ ADC 13:41-6.1 >> <<+13:41-6.1 Planner-in-training certificate requirements+>> <<+(a) An applicant for a certificate of registration as a planner-in- training shall be of good moral character and:+>> <<+1. Present proof of a degree in an approved course in planning of four years or more from an accredited school or college and a passing grade upon a qualifying written examination in the fundamental professional planning subjects; or+>> <<+2. Present a detailed record of four years or more of active practice in planning work and a passing grade upon a qualifying written examination in the fundamental professional planning subjects.+>> <<+(b) A planner-in-training certificate shall be valid for 10 years.+>> <<+(c) A planner-in-training may be upgraded to a licensed professional planner by submitting to the Board:+>> <<+1. An upgrade form demonstrating the required work experience as set forth in N.J.A.C. 13:41-5.3(a); or+>> <<+2. Transcripts verifying that the planner-in-training has completed the required educational experience as set forth in N.J.A.C. 13:41-5.2(a).+>> <<+(d) Work experience which receives college credit and volunteer work shall not count as work experience for licensure.+>> <<+(e) Any part-time work which is to be credited towards licensure shall be prorated to its full-time equivalent.+>>

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Posted November 4, 2002