N.J. Admin. Code § 7:26I-2.15

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

Section 7:26I-2.15 - Inactivation of a license

(a) An LSRP may inactivate his or her license by submitting to the Board a written certification of inactivation on the appropriate form the Board prescribes, available on the Board website at www.nj.gov/lsrpboard, which demonstrates or certifies that:

1. He or she has ceased to be, act as, advertise as, hold himself or herself out to be, or represent himself or herself as being an LSRP for a specific period of time not to exceed the expiration date of his or her license;

2. His or her employment in New Jersey, if any, is not in any way related to the work typically performed by site remediation professionals, licensed or not, including, but not limited to:

i. The investigation or remediation of contaminated sites;

ii. The investigation or remediation of discharges from, or the removal of, underground storage tanks, regulated or not;

iii. The assessment of sites for environmental conditions; or

iv. The preliminary assessment or site investigation of contaminated sites for the purpose of conducting all appropriate inquiries into the previous ownership and uses of the property as provided at N.J.S.A. 58:10-23.11.g;

3. He or she does not render assistance or advice to persons engaged in site remediation, including, but not limited to, site remediation professionals, licensed or not, or persons responsible for conducting the remediation;

4. He or she has notified each of his or her clients by whom he or she has been retained as an LSRP, in writing, with a copy to the Board at the address at N.J.A.C. 7:26I-3.7(b), of his or her intent to become an inactive LSRP;

5. He or she has submitted an LSRP Notification of Dismissal through the Online Business Portal at http://www.nj.gov/dep/online for each contaminated site for which the LSRP had submitted a Notification of Retention; and

6. He or she has provided for the maintenance and preservation of all data, documents, records, and information concerning remediation activities at each contaminated site the LSRP has worked on pursuant to N.J.A.C. 7:26I-6.27.

(b) Upon the receipt of a certification of inactivation pursuant to (a) above, the Board shall summarily inactivate the license for the requested duration by removing the LSRP's name and license number from the list of active LSRPs on the Board website at www.nj.gov/lsrpboard.

(c) The inactivation of a license shall not extend the expiration of the license beyond the expiration date the Board has indicated on the license.

(d) An individual with an inactive license may apply to have the Board reactivate his or her license for the original term of the license if the license has not expired. The Board shall summarily reactivate the license, and reactivation shall occur on the date the Board relists the LSRP's name and license number on the list of active LSRPs on the Board website at www.nj.gov/lsrpboard.

(e) An individual with an inactive license whose license has expired while inactive may reactivate his or her license by applying for renewal of the license pursuant to N.J.A.C. 7:26I-2.11 no later than 12 months after the license expiration date. If more than 12 months have passed since the license expiration date the individual may not apply for renewal of the license pursuant to N.J.A.C. 7:26I-2.11, but shall apply for a new license pursuant to N.J.A.C. 7:26I-2.4 through 2.10.

(f) An individual with an inactive license shall pay the annual fee for any calendar year in which he or she is active for one or more days in the calendar year.

(g) If the Board selects an individual with an inactive license for an audit, the Board may determine whether to defer the audit until the license becomes active again. The Board shall not defer an audit or complaint investigation that is pending at the time the LSRP becomes inactive, and the inactive LSRP shall meet all obligations as set forth in N.J.A.C. 7:26I-5 and 7.

N.J. Admin. Code § 7:26I-2.15

Adopted by 48 N.J.R. 45(a), effective 1/4/2016

Amended by 55 N.J.R. 2324(b), effective 11/20/2023