reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-55 - Certificate of registration for each mortuary operated, maintained or used; fee

45:7-55. Certificate of registration for each mortuary operated, maintained or used; fee
Every individual, partnership, or corporation which operates or maintains within this State a mortuary or which in the usual and regular course of his or its practice makes use of a mortuary owned, operated, or maintained by another shall annually apply to the board for a certificate of registration for each mortuary operated, maintained, or used by the applicant and shall report under oath any facts requested by the board, and such individual, partnership, or corporation shall pay an annual registration fee of $25.00 for each such mortuary. Upon verification of the statements thus reported and the receipt of the requisite fee, the board shall issue a certificate of registration which shall bear date of January 1 for the year of issue and shall expire on December 31 of such year. No mortuary shall be operated, maintained, or used at any location by any person, firm or corporation at any location not specified in a certificate of registration issued under this section.
L.1952, c. 340, p. 1108, s. 24. Amended by L.1967, c. 245, s. 2, eff. Dec. 12, 1967.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-56 - Persons entitled to practice under prior laws

45:7-56. Persons entitled to practice under prior laws
Any person now entitled to practice embalming or funeral directing or both under the provisions of any prior law of the State of New Jersey shall continue to be entitled to practice or engage in the same notwithstanding the enactment of this act, and the validity of any license, or renewals thereof, to practice embalming or funeral directing, or both, under any such prior law, shall not be affected by the enactment of this act, but all such persons shall in all other respects be subject to the provisions of this act.
L.1952, c. 340, p. 1109, s. 25.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-59 - Death of licensee

45:7-59. Death of licensee
The license of any practitioner of mortuary science or of any embalmer and funeral director, or either, shall terminate upon his decease.
L.1952, c. 340, p. 110, s. 28. Amended by L.1960, c. 184, p. 769, s. 11.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-61 - Operating and maintaining mortuary; conditions

45:7-61. Operating and maintaining mortuary; conditions
No person shall operate, maintain or use a mortuary within this State unless:
(a) He, they or it shall annually register with the board in accordance with the provisions of section twenty-four of this act;
(b) The certificate of registration issued by the board shall be conspicuously displayed within the establishment;
(c) The licenses of the individual owner, of all partners, or of the manager of the establishment in all cases where the establishment is not managed by a licensed individual owner or licensed partners, shall be conspicuously displayed within the establishment;
(d) It shall be under the immediate and personal supervision, direction, management, and control of a person duly licensed as a practitioner of mortuary science, under the provisions of this act, or of a person duly licensed as a funeral director under the provisions of this act or of any prior law of this State; and all funeral directing shall be under the immediate and personal supervision, direction, management, and control of a person duly licensed as a practitioner of mortuary science, under the provisions of this act, or of a person duly licensed as a funeral director under the provisions of this act or of any prior law of this State;
(e) Its construction, maintenance and operation shall conform to the rules and regulations of the board promulgated to safeguard and promote the public health, safety, morals and welfare.
L.1952, c. 340, p. 1111, s. 30.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-63 - Permission to inject fluid into body required, when; arsenical or other poisonous agents

45:7-63. Permission to inject fluid into body required, when; arsenical or other poisonous agents
No person shall inject any fluid or substance into any cavity or artery of the body of any person who has come to a sudden, violent or untimely death, or of any person found dead, the manner of whose death is not known, until permission is obtained from the county medical examiner of the county in which the dead body lies. No person shall employ, for the purpose of the practice of mortuary science, funeral directing or embalming, any arsenical or other poisonous agent which may by its presence in the viscera prevent the detection of criminal usage of the poisonous agent before the death of the individual occurred; but this provision shall not prohibit the use by any association incorporated under article 4 of chapter 9 of Title 45 of the Revised Statutes, of any substance for the preservation of dead bodies which have legally come into its possession.
L.1952, c. 340, p. 1113, s. 32. Amended by L.1971, c. 2, s. 18, eff. Jan. 15, 1971.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-64 - Embalming compounds

45:7-64. Embalming compounds
The sale or use for embalming purposes within the State of New Jersey of any fluid containing arsenic, zinc, mercury, copper, lead, silver, antimony, chloral, or cyanogen, or any compound containing any of said substances, or any poisonous alkaloid is prohibited. The board shall have power, by rules and regulations, to provide for appropriate tests to be made of all brands of embalming compounds sold or used within this State or intended for sale or use within this State, and shall disapprove for such sale or use any such compounds that, upon such tests, are determined to contain any substance herein prohibited. The board shall have power to publish a list of such compounds that, upon such tests, are determined to comply with the provisions of this section. Nothing in this section contained shall prohibit the use by any association incorporated under article four of chapter nine of Title 45 of the Revised Statutes, of any substance for the preservation of dead bodies which have legally come into its possession.
L.1952, c. 340, p. 1113, s. 33.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-65 - Contagious diseases; report to local health officer

45:7-65. Contagious diseases; report to local health officer
Every practitioner of mortuary science, embalmer or funeral director shall report to the local health officer all contagious cases in which he may be called, within twelve hours after death or as soon as may be after being called.
L.1952, c. 340, p. 1114, s. 34.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-65.1 - Service of food or beverages on mortuary premises.

45:7-65.1 Service of food or beverages on mortuary premises.
16. a. No mortuary within this State shall prepare on or about the mortuary premises any food in conjunction with any funeral or in conjunction with any service offered or provided for the preparation and disposal of dead human bodies.
b. A mortuary may provide or distribute, or permit persons attending a funeral or other service, or making funeral arrangements, to distribute and consume food and beverages on or about the mortuary premises, provided the mortuary complies with applicable State and local health and sanitation requirements and:
(1) any beverages served are nonalcoholic; and
(2) food and beverages are not stored, prepared, distributed, or consumed in areas in which dead human bodies are stored or prepared.
L.1960, c.184, s.16; amended 2019, c.220.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-65.2 - Branch mortuaries

45:7-65.2. Branch mortuaries
No person shall operate, maintain, or use a branch mortuary within this State unless it is under the actual personal supervision, direction, management and actual control of a person who is duly licensed as a practitioner of mortuary science or as a funeral director.
L.1960, c. 184, p. 772, s. 17.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-65.3 - Solicitation forbidden

45:7-65.3. Solicitation forbidden
18. a. No person, firm or corporation, or solicitors, agents, canvassers, employees or other persons acting on behalf of that person, firm or corporation, for the purpose of selling or contracting to sell or provide any service or services commonly furnished or performed by an embalmer or funeral director, including, but not limited to, prepaid funeral agreements and the making of at need or preneed funeral arrangements, shall:
(1) Directly or indirectly solicit persons in hospitals, rest homes, nursing homes or similar health care facilities by telephone or in person without first having been specifically requested to do so by that person;
(2) Directly or indirectly employ any agent, employee, assistant, independent contractor or other person to solicit persons in hospitals, rest homes, nursing homes or similar health care facilities by telephone or in person without first having been specifically requested to do so by that person;
(3) Solicit relatives of persons whose death is apparently pending or whose death has recently occurred for the purpose of providing any of those services for that person;
(4) Solicit, accept, offer to pay or pay any commission, bonus or rebate in consideration of recommending or causing any person to use the services of a particular funeral director, or the services of a particular crematory, mausoleum or cemetery; or
(5) Solicit persons at their residences in person or by telephone unless that solicitation is in response to a previous request for or expression of interest in a funeral director's services made by the person solicited or by a member of that person's family.
b. Nothing in this section shall be construed to restrict the right of a funeral director or an agent or employee of the funeral director, to communicate, by direct mail or in any other way not specifically prohibited by this section, with persons or provide them with information regarding the services of the funeral director, or to solicit the business of any person responding to that communication and explicitly requesting further information by personal visit or telephone, or otherwise initiating further discussion of those services, or to provide services or information to persons in connection with services previously rendered.
c. Nothing in this section shall be construed to prohibit general advertising by a funeral director.
d. Nothing in this section shall be deemed to prohibit the payment of commissions, bonuses or other compensation to a licensed cemetery salesman for the sale of cemetery goods or services.
e. As used in this section, "at need funeral arrangements," "preneed funeral arrangements" and "prepaid funeral agreement" shall have the same meaning as they are defined in section 1 of P.L.1993, c.147 (C.45:7-82).
L.1960,c.184,s.18; amended 1993,c.147,s.15.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-65.4 - Placement of remains in coffin, casket or other container of more than one deceased person; exception

45:7-65.4. Placement of remains in coffin, casket or other container of more than one deceased person; exception
It shall be unlawful for a funeral director to place the remains of more than one deceased person or stillborn infant in a coffin, casket, or other container for the purpose of interment, unless other written directions have been given by the decedent or a court of competent jurisdiction, or the relative or relatives of the decedent in the following order:
(1) Surviving spouse;
(2) A majority of surviving children of the decedent or the surviving child if one;
(3) The surviving parent or parents of the decedent;
(4) A majority of the brothers and sisters of the decedent if no child or parent is living; or
(5) Other next of kin according to the degree of consanguinity.
L.1979, c. 201, s. 1, eff. Sept. 20, 1979.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-65.5 - Violations; penalty

45:7-65.5. Violations; penalty
Any person who violates this act shall be guilty of a misdemeanor and shall remain liable for any other penalties which may be imposed by the board, where applicable.
L.1979, c. 201, s. 2, eff. Sept. 20, 1979.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-72.1 - Continuing education requirements

45:7-72.1. Continuing education requirements
1. The State Board of Mortuary Science of New Jersey shall require each person licensed to practice mortuary science, embalming or funeral directing, as a condition for biennial license renewal pursuant to section 23 of P.L.1952, c.340 (C.45:7-54), to complete any continuing education requirements imposed by the board pursuant to section 2 of this act.
L.1995,c.192,s.1.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-72.2 - Regulation of continuing education

45:7-72.2. Regulation of continuing education
2. a. The board shall implement a program of continuing education as a condition of license renewal for licensees under its jurisdiction and may, in its discretion, waive all or part of the continuing education requirement for any biennial licensing period. The board shall establish standards for continuing education, including the subject matter and content of courses of study, the selection of instructors, and the number and type of continuing education credits required of a licensee as a condition for biennial license renewal.
b. The board may establish a system for reviewing and approving private sponsors of continuing education courses, seminars or programs which may be utilized to provide continuing education to licensees in satisfaction of the requirements imposed by this act.
L.1995,c.192,s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-73 - Report of names of licensees to State Department of Health; identification cards

45:7-73. Report of names of licensees to State Department of Health; identification cards
The board shall report to the State Department of Health the name and residence of every person to whom it may issue a license. The board shall issue to each person granted a license an identification card stating that the holder thereof has received a license and is carrying on the practice of mortuary science, or of funeral directing or embalming. The proper holder of such a card shall have the same right to carry on the practice of mortuary science, or of funeral directing or embalming as those whose names appear on file in the office of the registrar of vital statistics in each municipality.
L.1952, c. 340, p. 1117, s. 42. Amended by L.1960, c. 184, p. 771, s. 15.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-73.1 - Agreements with other states for purpose of removing, transporting and burying bodies

45:7-73.1. Agreements with other states for purpose of removing, transporting and burying bodies
The board may, in its discretion, enter into an agreement with the corresponding licensing authority of any other State to permit a person duly registered and licensed as a practitioner of mortuary science or a funeral director in either State to enter into the other State for the purpose of removing, transporting and burying dead human bodies and directing funerals in the same manner as if he were registered under the laws of such other State, except that such person shall not maintain an establishment, advertise or hold himself out, directly or through any agent or agency or otherwise, as a practitioner of mortuary science or a funeral director other than in the State in which he is registered and licensed.
L.1967, c. 245, s. 4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-74 - Rules and regulations; distribution; statements on licenses

45:7-74. Rules and regulations; distribution; statements on licenses
The rules and regulations adopted by the board pursuant to this act shall be printed and copies thereof shall be sent by the board to any person licensed under this act or under any prior law, who makes application therefor, and, upon payment of a fee of one dollar ($1.00) to any other person who makes application therefor, and shall also be open for inspection at the office of the board. Every license and renewal granted under this act shall contain a statement to the effect that the practice licensed must be conducted in accordance with the law and with the rules and regulations of the board adopted in pursuance thereto, and that a copy of such rules and regulations may be obtained upon request at the office of the board.
L.1952, c. 340, p. 1118, s. 43.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-79 - Partial invalidity

45:7-79. Partial invalidity
In the event that any section, paragraph, clause, sentence or part of this act shall for any reason be adjudged to be invalid by any court of competent jurisdiction, such judgment shall not impair the remainder thereof, but shall be confined strictly in its operation to the particular clause, section, paragraph or part thereof so held to be invalid.
L.1952, c. 340, p. 1119, s. 48.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-83 - Requirements for seller of certain funeral arrangements, agreements

45:7-83. Requirements for seller of certain funeral arrangements, agreements
2. a. No person, firm or corporation shall sell, or offer to sell, or make or offer to make at need funeral arrangements, preneed funeral arrangements or prepaid funeral agreements, unless that person, firm or corporation:
(1) is duly licensed and registered pursuant to the "Mortuary Science Act," P.L.1952, c.340 (C.45:7-32 et seq.), to engage in the business and practice of funeral directing or mortuary science; and
(2) has his or its business and practice based within the physical confines of the registered mortuary.
b. No person, firm or corporation, shall engage in the business and practice of funeral directing or mortuary science at any permanent facility that is not a registered mortuary.
c. Notwithstanding the foregoing, this section shall not be construed to prohibit an otherwise qualified person, firm or corporation from acting as a provider operating under a trade name or other assumed name or through a subsidiary of a corporation duly licensed and registered pursuant to P.L.1952, c.340 (C.45:7-32 et seq.) to engage in the business and practice of funeral directing or mortuary science.
L.1993,c.147,s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-84 - Requirements for provider of certain funeral arrangements, agreements

45:7-84. Requirements for provider of certain funeral arrangements, agreements
3. No provider shall enter into, or offer to enter into, a prepaid funeral agreement, or provide or offer to provide a funeral trust or funeral insurance policy in connection therewith, unless:
a. At the same time he makes preneed funeral arrangements for the intended funeral recipient on a statement of funeral goods and services;
b. He meets all requirements with respect to the making of at need funeral arrangements as otherwise required by law;
c. The insurance policy or annuity contract to be provided or offered as a newly issued funeral insurance policy complies with the provisions of section 24 of P.L.1993, c.147 (C.17B:17-5.1);
d. If a newly issued funeral insurance policy is provided or offered, he is duly licensed as an insurance producer pursuant to P.L.1987, c.293 (C.17:22A-1 et seq.).
L.1993,c.147,s.3; amended 1994,c.163,s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-86 - Additional provisions

45:7-86. Additional provisions
5. In addition to those provisions required in section 4 of this act, agreements connecting a funeral insurance policy to a prepaid funeral agreement shall provide that:
a. Cancellation of the funeral arrangements will not cancel or otherwise invalidate the funeral insurance policy;
b. Cancellation, withdrawal of, or loans made against, the proceeds or cash value of the policy shall void any price guarantees and indicate, therefore, the likelihood that inadequate funds will exist to pay for the original arrangements as intended; and
c. Cancellation of the prepaid funeral agreement will not result in the refund of premiums paid.
L.1993,c.147,s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-87 - Additional requirements

45:7-87. Additional requirements
6. In addition to the other requirements of this act, with respect to prepaid funeral agreements and the preneed funeral arrangements made in connection therewith:
a. If the provider is unable to provide the prepaid goods and services requested due to the revocation of the prepaid funeral agreement or funding arrangements or due to impossibility of performance, the moneys used to fund the agreement shall be paid to the purchaser, if alive, and if not, then to the personal representative of the deceased purchaser or his estate if the agreement is funded through a funeral trust or, if the agreement is funded through a funeral insurance policy, to the named beneficiaries of the policy.
b. As a condition to the performance of the agreement, the provider or an agent thereof shall deliver the prepaid funeral goods to the purchaser or personal representative of the intended funeral recipient, regardless of whether the agreement specifically provides therefor.
c. Unless the intended funeral recipient's next of kin inquires about the prepaid funeral goods and services arranged for, the provider shall be entitled to presume that the arrangements on file are those intended.
L.1993,c.147,s.6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-88 - Naming of provider as beneficiary prohibited

45:7-88. Naming of provider as beneficiary prohibited
7. No provider shall knowingly permit, in conjunction with a prepaid funeral agreement, the naming of himself or itself as beneficiary of a policy, except that nothing in this section shall be construed to prohibit the assignment of proceeds to a provider as payment for a funeral bill, or such other mechanism that provides payments to providers for the goods or services rendered, and that provides for any excess proceeds to be paid to a named beneficiary or beneficiaries.
L.1993,c.147,s.7.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-89 - Written statement to purchaser of new arrangements

45:7-89. Written statement to purchaser of new arrangements
8. Where a provider, with the written consent of the purchaser, replaces a funeral trust used to fund a prepaid funeral agreement with a funeral insurance policy or converts an agreement funded by a funeral trust to one which is funded by a funeral insurance policy, the provider shall give to the purchaser a written statement which sets forth the material differences between the original and the new funding arrangements and which discloses the provider's earning of a commission based upon that transaction.
L.1993,c.147,s.8.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-90 - Prohibitions for providers.

45:7-90 Prohibitions for providers.
9. No person shall:
a. Advertise "discounts," "rebates" or other price reduction incentives:
(1) which are not actual reductions of the retail prices of a provider's current general price list; or
(2) which are based solely on a funeral insurance policy's premium rate tables.
b. In offering to provide preneed funeral arrangements or prepaid funeral agreements, use the word "trust" or "trust funded" in any name, advertisement or solicitation in a misleading manner.
c. Fund or finance preneed funeral arrangements or a prepaid funeral agreement through retail installment contracts, reverse mortgages or credit life insurance, or in any manner other than a funeral trust or funeral insurance policy.
d. Waive any provision of this act in any agreement in which a person pays money under, or in connection with, a prepaid funeral agreement. Any agreement to waive any portion of this act shall render the agreement voidable by the purchaser.
L.1993, c.147, s.9; amended 2009, c.218, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-91 - Certain acts, fourth degree crimes

45:7-91. Certain acts, fourth degree crimes
10. A person is guilty of a crime of the fourth degree if he knowingly or purposefully solicits or induces any person to make a prepaid funeral agreement, whether funded with a funeral insurance policy or a funeral trust, with the intent to collect or charge more than the fair market value for prepaid funeral goods or services when the purchaser or intended funeral recipient is:
a. an aged, blind or disabled applicant for, or recipient of, benefits pursuant to the Supplemental Security Income Program under P.L.1973, c.256 (C.44:7-85 et seq.) or any Medicaid program under P.L.1968, c.413 (C.30:4D-1 et seq.) utilizing the eligibility criteria of the Supplemental Security Income Program in regard to burial spaces and funds set aside for burial expenses; or
b. an aged, blind or disabled person who reasonably anticipates applying for, or receiving, the benefits specified in subsection a. of this section.
L.1993,c.147,s.10.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-92 - Laws governing prepaid funeral agreements

45:7-92. Laws governing prepaid funeral agreements
11. All prepaid funeral agreements executed on or after the effective date of this 1993 amendatory and supplementary act shall be governed pursuant to the applicable provisions of P.L.1957, c.182 (C.2A:102-13 et seq.), P.L.1985, c.147 (C.3B:11-16 et al.) and this act.
L.1993,c.147,s.11.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-93 - Applicability of act

45:7-93. Applicability of act
12. a. This act applies to the sale of prepaid funeral goods or services and the offering of those goods or services for sale by providers.
b. This act shall not apply to the sale of interment spaces or related personal property or personal services by a cemetery company as provided for in N.J.S.8A:1-1 et seq.
L.1993,c.147,s.12.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-94 - Rules, regulations

45:7-94. Rules, regulations
13. The State Board of Mortuary Science of New Jersey shall have jurisdiction to enforce the provisions of this act. The board is authorized to adopt such rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to effectuate the purposes of this act.
L.1993,c.147,s.13.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:7-95 - Funeral, disinterment, disposition of remains; written authorization.

45:7-95 Funeral, disinterment, disposition of remains; written authorization.
41. A funeral director may permit the funeral, disinterment or disposition of human remains on the written authorization of a person who claims to be, and is believed to be, a person who has the right to control the funeral, disinterment or disposition as provided by sections 22 and 23 of P.L.2003, c.261 (C.45:27-22 and C.45:27-23). A cemetery or funeral director shall not be liable for the funeral, disinterment or disposition pursuant to this authorization unless it had reasonable notice that the person did not have the right to control the funeral, disinterment or disposition. If there are no known living relatives, a funeral director may rely on the written authorization of any person acting in good faith on behalf of the decedent.
A person who signs an authorization for the funeral, disinterment or disposition of human remains warrants the truth of the facts stated, the identity of the person whose remains are disposed, and the authority to order the funeral, disinterment or disposition. A cemetery or funeral director shall not be liable for the funeral, disinterment or disposition in accordance with the authorization unless it had reasonable notice that the representations were untrue or that the person lacked the right to control the funeral, disinterment or disposition.
L.2003,c.261,s.41.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:8-29 - Examining board

45:8-29. Examining board
To carry out the provisions of this chapter, there is hereby created an examining board for the licensing of professional engineers and land surveyors, and the certification of engineers-in-training, which board shall consist of ten members, two of whom shall be public members and one of whom shall be a State executive department member appointed pursuant to the provisions of P.L. 1971, c. 60 (C. 45:1-2.1 et seq.). Each of the remaining seven members shall be appointed by the Governor of the State of New Jersey, with the advice and consent of the Senate, within sixty days after the passage of this chapter, or as soon as practicable thereafter. The members of said board shall be appointed to serve for a term of five years, one of which shall expire each calendar year. The two members added by this 1985 amendatory act shall be appointed as soon as practicable by the Governor, with the advice and consent of the Senate, one for a term to end April 30 of the third year after appointment and one for a term to end April 30 of the fourth year after appointment. Thereafter, each member shall hold office after the expiration of his term until his successor shall be duly appointed and qualified. A member of the board shall not be eligible to succeed himself more than once, except that the present members of the board shall be eligible to succeed themselves once hereafter. The terms of office of the members of said board shall commence on the first day of May. Vacancies in the membership of the board, however created, shall be filled by appointment of the Governor, with the advice and consent of the Senate, for any unexpired term, and for each five-year term. Notwithstanding anything herein contained, the present members of the State board shall continue in office as members of said board until their present respective terms expire, except as provided elsewhere herein for removal.
To supervise all necessary administrative work of the board, there is hereby created the position of secretary-director to the board. The board shall appoint such a secretary-director, to serve for a term of five years, at a salary determined by the board. Duties of the secretary-director of the board shall be those defined by the board. The secretary-director of the board shall not be a member of the board.
The board may provide for the creation of additional positions, as deemed necessary to make effective the provisions of this act.
The board shall arrange through lease or otherwise to maintain suitable offices within the State of New Jersey for the conduct of the business of the board.
L. 1938, c. 342, p. 854, s. 3. Amended by L. 1939, c. 339, p. 820, s. 1; L. 1950, c. 149, p. 313, s. 3; L. 1985, c. 146, s. 1, eff. April 24, 1985.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:8-30 - Board of Professional Engineers, Land Surveyors

45:8-30. Board of Professional Engineers, Land Surveyors
Said board, when so appointed, shall be designated and known as the "State Board of Professional Engineers and Land Surveyors."
All persons appointed to the said board shall be citizens of the United States and residents of the State of New Jersey. Appointees, other than the two public members and the State executive department member appointed pursuant to the provisions of P.L. 1971, c. 60 (C. 45:1-2.1 et seq.) and the two appointees added pursuant to this 1985 amendatory act, shall have been licensed as professional engineers in New Jersey for a period of at least five years, at least one member of whom shall also be a licensed land surveyor and the two appointees added pursuant to this 1985 amendatory act and their successors shall have been licensed as professional land surveyors in this State for a period of at least five years.
The Governor may remove any member of the board after hearing, for misconduct, incompetency, neglect of duty or for any other sufficient cause.
Each member of the board shall receive $50.00 for each day of actual service in attending meetings of the board at which business is transacted, and not to exceed $1,000.00 a year for each member and, in addition, shall be reimbursed for all necessary expenses, incidental to their duties as members of said board, incurred in carrying out the provisions of this chapter.
L. 1938, c. 342, p. 854, s. 4. Amended by L. 1939, c. 339, p. 822, s. 2; L. 1950, c. 149, p. 314, s. 4; L. 1968, c. 80, s. 1, eff. June 21, 1968; L. 1985, c. 146, s. 2, eff. April 24, 1985.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:8-31 - Oath of members; filing; duty of Attorney General; powers of board; compelling compliance with subpoena

45:8-31. Oath of members; filing; duty of Attorney General; powers of board; compelling compliance with subpoena
Each member of the examining board before entering upon the duties of his office, shall subscribe to an official oath of office as provided by section 41:1-3 of the Title, Oaths and Affidavits, of the Revised Statutes, which oath shall be filed in the office of the Secretary of State.
The examining board shall be entitled to the services of the Attorney-General in connection with the affairs of the board and the board shall have power to compel the attendance of witnesses, and any member thereof may administer oaths and the board may take testimony and proofs concerning any matters within its jurisdiction.
The board shall adopt and have an official seal.
In carrying into effect the provisions of this chapter, the board may, under the hand of its president and the seal of the board, subpoena witnesses and compel their attendance, and also may require the production of books, papers, documents, et cetera, in a case involving the revocation of license or practicing or offering to practice without license. If any person shall refuse to obey any subpoena so issued, or shall refuse to testify or produce any books, papers or documents, the board may apply ex parte to the Superior Court to compel the person to comply forthwith with the subpoena.
L.1938, c. 342, p. 855, s. 5. Amended by L.1939, c. 339, p. 823, s. 3; L.1950, c. 149, p. 314, s. 5; L.1953, c. 43, p. 803, s. 37; L.1953, c. 428, p. 2163, s. 11.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:8-32 - Meetings; officers

45:8-32. Meetings; officers
Said examining board shall at its annual meeting to be held in May organize by electing a president and vice-president, who shall be members of the board.
The secretary-director shall furnish bond for the faithful performance of his duties in such sum as required by law. Premium for said bond shall be regarded as a proper and necessary expense of the board.
Said board shall meet at least every two months and special meetings may be held at such times as called by the president.
A majority of the voting members of the board shall constitute a quorum and no action of the board shall be taken except upon the affirmative vote of a majority of the members of the entire board.
L. 1938, c. 342, p. 856, s. 6. Amended by L. 1939, c. 339, p. 824, s. 4; L. 1950, c. 149, p. 315, s. 6; L. 1985, c. 146, s. 3, eff. April 24, 1985.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:8-33 - Itemized account to be kept; report; filing; forwarding to Attorney-General

45:8-33. Itemized account to be kept; report; filing; forwarding to Attorney-General
An itemized account of all receipts and expenditures of the board shall be kept by the said secretary-director and a detailed report thereof, verified by the affidavit of said secretary-director, shall be filed with the Director of Division of Budget and Accounting, Department of the Treasury, within twenty days after the close of the fiscal year. A copy of this report shall be forwarded also to the office of the Attorney-General, as head of the Department of Law and Public Safety.
L.1938, c. 342, p. 857, s. 7. Amended by L.1939, c. 339, p. 824, s. 5; L.1950, c. 149, p. 316, s. 7.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:8-34 - Records; proceedings of examining board; applicants for licenses; evidence

45:8-34. Records; proceedings of examining board; applicants for licenses; evidence
The examining board shall keep a record of its proceedings and a record of all applicants for license, showing for each the date of application, name, age, education and other qualifications, place of business and place of residence, whether or not an examination was required and whether the applicant was rejected or a certificate of license granted, and the date of such action.
The books and register of the examining board shall be prima facie evidence of all matters recorded therein. A public register showing the names and places of business and residences of all licensed professional engineers and land surveyors and engineers-in-training shall be prepared under the direction of the secretary-director during the month of June of each year; such public register shall be printed and a copy mailed to each licensee and a copy mailed to the clerk of each city, town, township, village, borough, county and other municipal corporation of this State, which public register shall be placed on file in the office of the said clerk.
L.1938, c. 342, p. 857, s. 8. Amended by L.1950, c. 149, p. 316, s. 8.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:8-35.1 - Licensed architects may be licensed as professional engineers; examination

45:8-35.1. Licensed architects may be licensed as professional engineers; examination
Any architect who is duly licensed to practice architecture in this State, provided he has a college degree in a program or curriculum of four years or more, shall be entitled to be licensed to engage in the practice of professional engineering upon application therefor to the State Board of Professional Engineers and Land Surveyors, and upon satisfactorily passing that part of an examination limited solely to specialized training of engineers, and which is now designated as Part P thereof. Such applicant shall be examined, according to the limitation herein provided, at a regularly conducted examination for applicants for license as professional engineer.
L.1952, c.130, s.1; amended 1989,c.276,s.5.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:8-35.2 - Continuing professional competency credits required for certification

45:8-35.2. Continuing professional competency credits required for certification
1. The State Board of Professional Engineers and Land Surveyors shall require each person licensed as a land surveyor, as a condition for biennial certification pursuant to P.L.1938, c.342 (C.45:8-27 et seq.) and P.L.1972, c.108 (C.45:1-7), to complete not more than 24 credits of continuing professional competency relating to the practice of land surveying, as provided in section 2 of this act, during each biennial registration period.
L.1993,c.39,s.1.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:8-35.3 - Duties of board

45:8-35.3. Duties of board
2. a. The board shall:
(1) Establish standards for continuing professional competency in land surveying, including the subject matter and content of courses of study, which shall be in conformity with a national model, such as that of the National Council of Examiners for Engineering and Surveying;
(2) Approve educational programs offering credit towards the continuing professional competency in land surveying requirements; and
(3) Approve other equivalent educational programs, including, but not limited to, meetings of constituents and components of land surveying associations and other appropriate professional and technical associations recognized by the board, examinations, papers, publications, technical presentations, teaching and research appointments and technical exhibits, and shall establish procedures for the issuance of credit upon satisfactory proof of the completion of these programs.
b. In the case of education courses and programs, each hour of instruction shall be equivalent to one credit.
L.1993,c.39,s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:8-35.4 - Board to establish procedures

45:8-35.4. Board to establish procedures
3. The board shall:
a. Establish procedures for monitoring compliance with the land surveying continuing professional competency requirements; and
b. Establish procedures to evaluate and grant approval to providers of continuing professional competency in land surveying.
L.1993,c.39,s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:8-35.5 - Board may waive requirements

45:8-35.5. Board may waive requirements
4. The board may, in its discretion, waive requirements for continuing professional competency in land surveying on an individual basis for reasons of hardship such as illness or disability, service in the armed forces of the United States of America, retirement of the license, or other good cause.
L.1993,c.39,s.4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:8-35.7 - Prorating of credits

45:8-35.7. Prorating of credits
6. a. The board shall not require completion of land surveying continuing professional competency credits for any certification periods commencing within 12 months of the effective date of this act.
b. The board shall require completion of land surveying continuing professional competency credits on a pro rata basis for any certification periods commencing more than 12 but less than 24 months following the effective date of this act.
L.1993,c.39,s.6.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:8-35.8 - Proof of completion of credits

45:8-35.8. Proof of completion of credits
7. The board shall accept as proof of completion of continuing professional competency program credits documentation submitted by a person licensed as a land surveyor or by any entity offering a continuing professional competency program approved by the board pursuant to section 2 of this act.
L.1993,c.39,s.7.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:8-35.9 - Failure to complete professional competency requirements; penalty

45:8-35.9. Failure to complete professional competency requirements; penalty
8. Any person who fails to complete the continuing professional competency requirements established pursuant to section 1 of this act shall be liable to a civil penalty of not more than $500 or additional hours of continuing professional competency in land surveying, or both, as imposed by the board, for a first offense. A second or subsequent offense by a licensee shall be considered professional misconduct pursuant to the provisions of P.L.1938, c.342 (C.45:8-27 et seq.) and P.L.1978, c.73 (C.45:1-14 et seq.).
L.1993,c.39,s.8.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:8-35.10 - Carryover of credits

45:8-35.10. Carryover of credits
9. The board shall allow a land surveyor to carry over a maximum of eight continuing professional competency credits to the next biennial certification period.
L.1993,c.39,s.9.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:8-35.11 - Continuing education required for licensure.

45:8-35.11 Continuing education required for licensure.
1. The State Board of Professional Engineers and Land Surveyors shall require each person licensed as a professional engineer, as a condition for biennial licensure pursuant to P.L.1938, c.342 (C.45:8-27 et seq.) and P.L.1972, c.108 (C.45:1-7), to complete not more than 24 credits of continuing professional competency relating to the practice of professional engineering, as provided in section 2 of this act, during each biennial registration period.
L.2009, c.294, s.1.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:8-35.12 - Duties of board relative to subject matter, contents.

45:8-35.12 Duties of board relative to subject matter, contents.
2. a. The board shall:
(1) Establish standards for continuing professional competency in professional engineering, including the subject matter and content of courses of study, which shall be in conformity with a national model, such as that of the National Council of Examiners for Engineering and Surveying;
(2) Approve educational programs offering credit towards the continuing professional competency in engineering requirements; and
(3) Approve other equivalent educational programs, including, but not limited to, meetings of constituents and components of professional engineering associations and other appropriate professional and technical associations when an engineering topic is presented as a principal part of the program, examinations, papers, publications, technical presentations, teaching and research appointments, technical exhibits, management, leadership or ethics courses, and correspondence courses on engineering topics where a final examination is required and shall establish procedures for the issuance of credit upon satisfactory proof of the completion of these programs.
b. In the case of education courses and programs, each hour of instruction shall be equivalent to one credit.
c. Two of the 24 credits of continuing professional competency required pursuant to section 1 of this act shall be in professional practice ethics.
L.2009, c.294, s.2.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:8-35.13 - Procedures established by board.

45:8-35.13 Procedures established by board.
3. The board shall:
a. Establish procedures for monitoring compliance with the professional engineering continuing professional competency requirements; and
b. Establish procedures to evaluate and grant approval to providers of continuing professional competency in professional engineering.
L.2009, c.294, s.3.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:8-35.14 - Discretionary waiver of requirements.

45:8-35.14 Discretionary waiver of requirements.
4. The board may, in its discretion, waive requirements for continuing professional competency in professional engineering on an individual basis for reasons of hardship such as illness or disability, service in the armed forces of the United States of America, retirement of the license, or other good cause.
L.2009, c.294, s.4.
2023 New Jersey Revised Statutes › Title 45 - Professions and Occupations › Section 45:8-35.16 - Commencement of continuing education requirements.

45:8-35.16 Commencement of continuing education requirements.
6. a. The board shall not require completion of professional engineering continuing professional competency credits for any licensure periods commencing within 12 months of the effective date of this act.
b. The board shall require completion of professional engineering continuing professional competency credits on a pro rata basis for any licensure periods commencing more than 12 but less than 24 months following the effective date of this act.
L.2009, c.294, s.6.