52 N.J.R. 99(a)
VOLUME 52, ISSUE 2, JANUARY 21, 2020
52 N.J.R. 99(a)
NJ - New Jersey Register >
JANUARY 21, 2020 >
RULE PROPOSALS >
LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS
Interested Persons Statement
Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal.
The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register.
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code.
LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > STATE BOARD OF EXAMINERS OF HEATING, VENTILATING, AIR CONDITIONING, AND REFRIGERATION CONTRACTORS
Administrative Code Citation
Proposed New Rule: N.J.A.C. 13:32A-2.8
Abandonment of Application
Authorized By: Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors, Susan Rischawy, Acting Executive Director.
Authority: N.J.S.A. 45:16A-4.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2020-007.
Submit comments by
March 21, 2020, to:
Susan Rischawy, Acting Executive Director
Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors
PO Box 45008
124 Halsey Street
Newark, New Jersey 07101
or electronically at:
The agency proposal follows:
The Board of Examiners of Heating, Ventilating, Air Conditioning, and Refrigeration Contractors (Board) proposes new N.J.A.C. 13:32A-2.8, to establish standards as to when the Board may consider an application for licensure abandoned. An application for a license will be deemed abandoned if an applicant has not submitted all of the information and documentation required to obtain a license and one year has elapsed since the first notice was sent to the applicant regarding the deficiencies in his or her application. If an application is deemed abandoned, the Board will close the application without notice and dispose of any information or documentation submitted by the applicant, pursuant to the Division of Consumer Affairs' record retention plan. An applicant whose application has been deemed abandoned may reapply for licensure.
The Board has provided a 60-day comment period for this notice of proposal. Therefore, this notice is excepted from the rulemaking calendar requirement, pursuant to N.J.A.C. 1:30-3.3(a)5.
The Board does not believe the proposed new rule will have any social impact.
The Board believes that the proposed new rule may have an economic impact on applicants for licensure who are deemed to have abandoned an application. Such applicants will be required to pay a new application fee if they reapply for licensure. The proposed new rule will have no other impact.
Federal Standards Statement
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed new rule.
The Board does not believe that this proposed new rule will increase or decrease the number of jobs in New Jersey.
Agriculture Industry Impact
The proposed new rule will not have any impact on the agriculture industry of this State.
Regulatory Flexibility Standard
Since licensed master heating, ventilating, air conditioning, and refrigeration contractors are individually licensed by the Board, they may [page=100] be considered "small businesses" under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. The proposed new rule will only apply to individuals who do not yet have a license and, therefore, are not considered "small businesses."
Housing Affordability Impact Analysis
The proposed new rule will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed new rule would evoke a change in the average costs associated with housing because the proposed new rule concerns abandonment of applications for licensure.
Smart Growth Development Impact Analysis
The proposed new rule will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed new rule would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed new rule concerns abandonment of applications for licensure.
Racial and Ethnic Community Criminal Justice and Public Safety Impact
The Board has evaluated this rulemaking and determined that it will not have an impact on pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles in the State. Accordingly, no further analysis is required.
Full text of the proposed new rule follows:
SUBCHAPTER 2. APPLICATION FOR LICENSURE
13:32A-2.8 Abandonment of application for licensure
(a) An application for a license submitted to the Board will be deemed abandoned if:
1. The individual applying for the license has not submitted to the Board all of the information and documentation required to obtain a license, pursuant to N.J.A.C. 13:32A-2.1; and
2. One year has elapsed since the first notice to the applicant was sent by the Board informing him or her of the information and documentation that the Board has not received.
(b) If an application for licensure is deemed abandoned pursuant to (a) above, the Board shall administratively close the application without notice to the applicant and shall dispose of any information or documentation submitted by the applicant pursuant to the Division of Consumer Affairs' record retention plan.
(c) An individual whose application for licensure has been administratively closed by the Board, pursuant to (a) above, may reapply for licensure pursuant to N.J.A.C. 13:32A-2.1.
In order to ensure your comments are received, please send your comments concerning any rule proposals via email to DCAProposal@dca.lps.state.nj.us.
Please include the following in your email:
Email Subject Line: Rule Proposal Subject
Email Body: Comments to the Rule Proposal, Name, Affiliation and Contact Information (email address and telephone number)