N.J. Admin. Code § 13:44M-2.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:44M-2.2 - Licensure by reciprocity

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

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

2. The applicant has been practicing as a licensed elevator mechanic for a period of at least six months within the five years immediately prior to the date of application; and

3. The requirements of (b) below are satisfied.

(b) Prior to the issuance of the license, the Board shall have received:

1. Documentation satisfactory to the Board that the applicant's license is in good standing in any state in which the applicant is or ever was licensed; and

2. Designation of an agent in New Jersey for service of process if the applicant is not a New Jersey resident and does not have an office in New Jersey.

(c) For purposes of this section, "good standing" means that:

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 an elevator mechanic 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 as an elevator mechanic;

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 or regulation, or any arrest or conviction for any criminal or quasi-criminal offense under the laws of the United States, New Jersey, or any other state, including: criminal homicide; aggravated assault; sexual assault, criminal sexual contact or lewdness; or any offense involving any controlled dangerous substance or controlled dangerous substance analog.

(d) For purposes of this section, a "substantially equivalent" examination need not be identical to the current examination requirements of this State, but such examination shall be nationally recognized and of comparable scope and rigor.

(e) The Board will consider an applicant's experience to compensate for disparity in substantial equivalence in education and examination requirements under (a) above.

(f) An applicant shall satisfy or shall have satisfied the requirements of N.J.A.C. 13:44M-2.4.

(g) 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 if the license in the other state was obtained through fraud, deception, or misrepresentation.

(h) The Board shall grant a license pursuant to (a) above only if equal reciprocity is provided for a New Jersey applicant for licensure under the law of that other state.

(i) The Board may grant a license pursuant to (a) above to an applicant who holds a license from another state who does not meet the good standing requirement 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 as an elevator mechanic, adversely affect the public health, safety, or welfare or result in economic or physical harm to a person, or create a significant threat of such harm.

N.J. Admin. Code § 13:44M-2.2

Adopted by 50 N.J.R. 1287(a), effective 5/21/2018