reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 3 - LICENSING › Section 7:3A-3.2 - Licensed tree expert examination application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To apply for licensure as a licensed tree expert, an individual shall complete an application form, available on the Board's website at
www.njtreeexperts.org
, and submit the application to the Board together with:
1. Documentation showing that the applicant is at least 18 years of age;
2. Three letters of reference from professionals in the field of arboriculture or in a closely related field, who have first-hand knowledge of the candidate's work and moral character, including, but not limited to, the candidate's adherence to the canons of professional ethics and standards of conduct set forth at N.J.A.C. 7:3A-8.2(a), by which the Board will determine whether a candidate meets the requirement of good moral character;
3. Documentation that the applicant has satisfied the following education and/or experience requirements:
i. A degree from a four-year college in forestry, arboriculture, ornamental horticulture, botany, nursery production, plant biology, plant physiology, ecology, horticulture, environmental planning and design, landscape architecture, natural resources, or an alternative curriculum together with a request that the Board find the alternative curriculum sufficient to satisfy the educational requirement;
ii. Two years of college with passing grades in at least three college courses related to arboriculture, such as botany, soils, plant science, plant biology, plant pathology, plant physiology, entomology, forestry, natural resources, ecology, horticulture, plant propagation, landscape construction or dendrology, and evidence of continuous employment in the practice of arboriculture for at least three years preceding the date of application; or
iii. Continuous employment in the practice of arboriculture for five years immediately preceding the date of application for licensure; and
4. Payment of the license application fee.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 3 - LICENSING › Section 7:3A-3.4 - Exemption from Licensed Tree Expert Examination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Until April 12, 2018, the Board shall grant any individual licensure as a tree expert, without requiring that the individual sit for the licensure examination, provided that the individual submits an application for licensure as a tree expert pursuant to (b) below and the Board determines that the individual is of good moral character and has received certification as a tree expert pursuant to N.J.S.A. 45:15C-1 prior to April 17, 2017, that was valid and in force as of April 17, 2017, and is in good standing with the Board.
(b) An applicant for licensure under this section shall submit a copy of his or her most recent Certified Tree Expert (CTE) Certification Card to the Board's address along with a completed application on a form, which can be found on the Board's website at
www.njtreeexperts.org
.
(c) Upon receipt of the application together with a copy of the CTE Certification Card, the Board will determine whether the applicant meets the criteria set forth in (a) above and is, therefore, qualified for licensure under this section and shall notify the individual in writing of its decision. If the Board determines that an applicant is qualified, the Board shall notify the individual in writing of this determination and advise that the Board shall grant him or her licensure as a tree expert upon receipt of the license initial fee listed at N.J.A.C. 7:3A-6.1(a), less any fee the certified individual paid pursuant to N.J.A.C. 7:3A-4.3 during Fiscal Year 2017.
(d) Upon receipt of the payment of the fee amount due, the Board shall assign the individual a license number and issue to the individual a license certificate and a license card that display the license number and evidence of his or her licensure as a licensed tree expert.
(e) An initial license issued under this section shall be valid from the date of issuance until the end of the calendar year in which it was issued.
(f) If the Board determines that an applicant is not qualified for licensure under this section, the Board shall notify the individual in writing of this determination, give the reasons for its determination, and advise the individual that he or she may request an adjudicatory hearing pursuant to N.J.A.C. 7:3A-10.1.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 3 - LICENSING › Section 7:3A-3.5 - Tree care operator initial license and renewals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No individual shall represent himself or herself to the public as a licensed tree care operator or use any title, designation, word(s), letter, or abbreviations tending to indicate that such an individual is a licensed tree care operator without being licensed by the Board. Licenses shall be issued to individuals only; no license shall be issued in the name of a corporation, firm, partnership, or other form of business organization.
(b) An initial license issued under this section shall be valid from the date of issuance until the end of the calendar year in which it was issued.
(c) A license renewal issued under N.J.A.C. 7:3A-3.10 shall be valid for a period of two years.
(d) A licensee shall notify the Board in writing within 30 days of any change of the address on record with the Board.
(e) A licensee shall notify the Board in writing, e-mail, or facsimile at the Board office within 30 days if he or she leaves the employment of a business.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 3 - LICENSING › Section 7:3A-3.6 - Licensed Tree Care Operator Examination application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To apply for initial licensure as a licensed tree care operator, an individual shall complete an application form, available on the Board's website at
www.njtreeexperts.org
, and submit the application to the Board together with:
1. Documentation showing that the applicant is at least 18 years of age;
2. Three letters of reference from professionals in the field of arboriculture or in a closely related field, who have first-hand knowledge of the candidate's work and moral character, including, but not limited to, the candidate's adherence to the canons of professional ethics and standards of conduct set forth at N.J.A.C. 7:3A-8.2(a), by which the Board will determine whether a candidate meets the requirement of good moral character;
3. Documentation that the applicant has satisfied the following education and/or experience requirements:
i. A degree from a four-year college in forestry, arboriculture, ornamental horticulture, botany, nursery production, plant biology, plant physiology, ecology, horticulture, environmental planning and design, landscape architecture, natural resources, or an alternative curriculum together with a request that the Board find the alternative curriculum sufficient to satisfy the educational requirement, and evidence of continuous employment in the practice of arboriculture for at least one year preceding the date of the application;
ii. Completed two years of college with passing grades in at least three college courses related to arboriculture, such as botany, soils, plant science, plant biology, plant pathology, plant physiology, entomology, forestry, natural resources, ecology, horticulture, plant propagation, landscape construction or dendrology, and evidence of continuous employment in the practice of arboriculture for at least two years preceding the date of application; or
iii. Evidence of continuous employment in the practice of arboriculture for three years immediately preceding the date of application for licensure; and
4. Payment of the license application fee.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 3 - LICENSING › Section 7:3A-3.8 - Exemption from Licensed Tree Care Operator Examination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Until April 12, 2018, the Board shall grant any individual licensure as a tree care operator, without requiring that the individual sit for the licensure examination, provided that the individual submits an application for licensure as a tree care operator pursuant to (b) below and the Board determines that the individual is of good moral character and has documented in the application that he or she has been engaged in the practice of arboriculture since April 17, 2010.
(b) An applicant for licensure under this section shall submit a completed application on a form which can be found on the Board's website at
www.njtreeexperts.org
, and submit the application to the Board together with:
1. State or Federal income tax returns, with Social Security number redacted, since April 17, 2010, listing the individual's occupation and the name of the employer.
i. If exempt from paying taxes, the applicant may make a written request to the Board to submit alternative documentation of employment;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 3 - LICENSING › Section 7:3A-3.9 - Reciprocity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may, in its discretion, grant a license to an individual who is the lawful holder of a substantially equivalent license or certification issued by another jurisdiction. The Board shall post on its website at
www.njtreeexperts.org
a listing of those certifications and licenses issued by other jurisdictions that it has determined to be substantially equivalent to either the tree expert or tree care operator license. The Board's considerations in making this determination shall include, but not be limited to, the requirements to be granted the subject certification or license, and the subjects, format, length, and question structure of the examination an individual must pass to obtain the certification or license.
(b) To apply for licensure based on reciprocity, an individual shall complete an application form, available on the Board's website at
www.njtreeexperts.org
, and submit the application to the Board together with:
1. Proof that he or she holds a valid certification or license that is recognized by the Board as being substantially equivalent to either the tree expert or tree care operator license; and
2. Payment of the reciprocity license application fee.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 3 - LICENSING › Section 7:3A-3.10 - License renewals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to expiration of the initial license, a licensee must apply for license renewal to retain his or her license. A licensed individual who seeks to renew his or her license shall submit a completed license renewal application, on a form available on the Board's website at
www.njtreeexperts.org
, together with documentation showing that he or she has successfully satisfied the continuing education requirements set forth at N.J.A.C. 7:3A-7.1(a) and payment of the license biennial renewal fee as set forth in N.J.A.C. 7:3A-6.1(a).
(b) Upon receipt of an application for license renewal, the Board will determine if the licensee qualifies for license renewal. The Board shall notify the licensee in writing if the application is renewed. If the license is renewed, the Board shall issue the licensee a new license card. If the renewal is denied, the notice shall state the reasons for the denial and advise the licensee that he or she may request an adjudicatory hearing pursuant to N.J.A.C. 7:3A-10.1.
(c) A license renewed by the Board under this section shall be valid for a period of two years. A licensee must apply biennially for license renewal in the manner set forth in this section.
(d) If a licensee does not renew his or her license prior to its expiration date, the licensee may renew the license within 30 days after its expiration date by submitting a renewal application, license biennial renewal fee, and license late fee as set forth at N.J.A.C. 7:3A-6.1(a). During this 30-day period, the license shall remain valid and the licensee shall not be deemed to be unlawfully representing himself or herself to the public as a licensee.
(e) A license that is not renewed within 30 days of its expiration shall be automatically suspended. An individual who holds himself or herself out as a licensed tree expert or licensed tree care operator when his or her license is suspended shall be in violation of N.J.S.A. 45:15C-11 and shall be subject to civil administrative penalties as set forth at N.J.A.C. 7:3A-9.6(a).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 3 - LICENSING › Section 7:3A-3.11 - License reinstatement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee whose license has been suspended pursuant to N.J.A.C. 7:3A-3.10(d) due to failure to renew may be considered for reinstatement by the Board if the individual:
1. Submits a letter requesting reinstatement by the Board within three years of the expiration date of the individual's license;
2. Documents that he or she has successfully completed the continuing education requirements set forth at N.J.A.C. 7:3A-7.1(a) both for license period prior to the license's suspension and for each biennial license period during which the license was suspended;
3. Makes payment of the license reinstatement fee and any and all license late fee(s) as set forth at N.J.A.C. 7:3A-6.1(a); and
4. Makes payment of the license biennial renewal fee, if the deadline for license renewal passed during the individual's period of suspension.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 3 - LICENSING › Section 7:3A-3.12 - License certificate retention and replacement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed tree expert or licensed tree care operator shall retain his or her license certificate throughout the period of licensure. If the licensee is employed by a registered business, the licensee shall allow the business to display his or her license certificate at the office location where he or she is assigned. However, if the licensee is no longer employed at the location, the certificate shall be retained by the licensee as he or she leaves.
(b) A license number and the license certificate containing such license number issued by the Board, though conferred on a licensed tree expert or licensed tree care operator for his or her period of licensure, remain the property of the State of New Jersey. If the Board suspends, refuses to renew, or revokes an individual's license, the individual shall return the license certificate to the Board within 30 days of his or her receipt of written notice of the Board's decision and shall remove the license number from all advertising and anywhere else the license number is displayed or otherwise communicated. Failure to comply with this requirement shall subject the individual to civil administrative penalties as set forth at N.J.A.C. 7:3A-9.6(a).
(c) The Board shall issue a duplicate certificate to a licensed tree expert or licensed tree care operator upon receipt by the Board of an affidavit or certified statement in which the licensee attests that the original was either lost, destroyed, mutilated, or is otherwise no longer in the custody of and cannot be recovered by the licensee.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 3 - LICENSING › Section 7:3A-3.13 - Possession of license card; replacements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall issue to a licensee:
1. Upon initial licensure, a license card valid for the initial license period; and
2. Upon a licensee's renewal of his or her license pursuant to N.J.A.C. 7:3A-3.10(a) and (b), the Board will issue to the licensee a new license card valid for two years.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 5 - ADVERTISING › Section 7:3A-5.1 - Constraints on advertising by individuals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual shall not advertise or represent himself or herself to the public, or practice as a licensed tree expert or licensed tree care operator, or use any title, designation, word(s), letter, or abbreviations tending to indicate that such an individual is licensed, unless the individual has been licensed by the Board and he or she is in good standing with the Board as defined at N.J.A.C. 7:3A-1.5.
(b) If an individual fails to comply with (a) above, and if the individual is a licensee but not in good standing with the Board, the Board may suspend or revoke the individual's license, and/or assess civil administrative penalties as set forth at N.J.A.C. 7:3A-9.6(a). If the individual is not a licensee, the Board may refuse to issue a license to the individual or to admit the individual to take a licensure examination.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 5 - ADVERTISING › Section 7:3A-5.2 - Advertising by licensee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any licensed tree expert who wishes to use the licensed tree expert designation in advertising shall include his or her name and license number in any form of advertisement relating to tree care services, using the following format:
1. Name of licensed individual;
2. The abbreviation LTE or the words "Licensed Tree Expert"; and
3. The licensee's license number, preceded by the "#" symbol.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 5 - ADVERTISING › Section 7:3A-5.3 - Advertising by businesses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No business shall advertise or represent itself to the public as offering tree care services within the State of New Jersey or use any title, designation, word(s), letter, or abbreviations tending to indicate that a business is a registered business unless it in fact is registered with the Board of Tree Experts.
(b) A registered business shall advertise only those tree care services which its licensee(s) is/are licensed to perform. For example, if a registered business employs only LTCOs, it shall not advertise services that are exclusively LTE services.
(c) Failure to comply with this section may result in the suspension or revocation of the business's registration, refusal by the Board to register the business, and/or the issuance of civil administrative penalties as set forth at N.J.A.C. 7:3A-9.6(a).
(d) Any registered business that wishes to advertise shall include its name and its registration number in any form of medium of advertisement relating to tree care services. The registered business shall identify its registration number in the following way:
1. The words "NJTC Registration"; and
2. The business's registration number, preceded by the "#" symbol.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 6 - FEE SCHEDULE › Section 7:3A-6.1 - Fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following fees shall be charged by the Board. All fees are nonrefundable.
1. License application fee .....................................................
. $ 50.00
2. Examination fees
i. LTCO written exam fee ..................................................
. $ 100.00
ii. LTE written exam fee .....................................................
$ 100.00
iii. LTE field exam fee .........................................................
$ 100.00
3. License initial fee .............................................................
. $ 75.00
4. License biennial renewal fee ............................................
$ 150.00
5. License late fee .................................................................
. $ 25.00
6. License reinstatement fee .................................................
. $ 25.00
7. Reciprocity license application fee ..................................
... $ 75.00
8. Business biennial registration fee ....................................
$ 200.00
9. Business registration late fee .............................................
$ 25.00
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 7 - CONTINUING EDUCATION › Section 7:3A-7.1 - Continuing education requirements; criteria; waiver of requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed tree expert or licensed tree care operator shall earn 32 credits or more of continuing education during the first two-year license period in which the individual obtains licensure and each succeeding two-year license period.
(b) A licensed tree expert or licensed tree care operator may earn continuing education credit for seminars, courses, programs, presentations, continuing education quizzes, or lectures administered by approved arboricultural organizations successfully completed during the biennial licensure period in which the continuing education was completed as set forth at N.J.A.C. 7:3A-7.5. No continuing education credits may be carried over into a succeeding biennial period. However, in the case of qualifying for reinstatement of a suspended license, credit earned in a successive biennial period may be applied toward qualifying for reinstatement.
(c) A licensee may request that the Board grant a waiver of the continuing education requirement for any of the following reasons: illness certified by a physician, disability, military deployment, or other good cause deemed acceptable by the Board. Any licensee seeking a waiver of the continuing education requirements shall submit a request to the Board in writing specifying the reasons for the request by October 31 of the second year of the two-year biennial license period. The licensee shall also provide the Board with such information as it may reasonably request in support of a waiver request. The Board shall notify the licensee in writing whether it approves the licensee's waiver request. In the case of a denial, the Board shall explain its reasons for denying the request and shall advise the candidate that he or she may request an adjudicatory hearing pursuant to N.J.A.C. 7:3A-10.1.
(d) Participants will receive one continuing education credit for each hour of attendance or teaching that includes at least 50 minutes of instructional content.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 7 - CONTINUING EDUCATION › Section 7:3A-7.2 - Continuing education programs and courses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee may obtain continuing education credit for the following types of educational activities:
1. Attendance at or teaching of courses or programs approved by the Board pursuant to (b) below; and
2. Attendance at or teaching of seminars, courses, conferences, or other programs, if the Board is satisfied that it is appropriate for the purpose of keeping the licensee apprised of advancements and new developments in the profession.
i. A suitable program for a licensed tree expert might, for example, be a program focused on any subject covered in the tree expert licensure examination, such as pruning, insects and diseases, planting, fertilization, lightning protection, tree identification, diagnosing tree problems, and cabling and bracing:; and
ii. A suitable program for a licensed tree care operator might, for example, be a program focused on any subject covered in the tree care operator licensure examination, such as general workplace safety, tree identification, tree physiology, and safe use of equipment;
3. Attendance or teaching and successful completion of undergraduate or graduate course work relevant to arboriculture or urban forestry beyond that required for professional licensure and approved by the Board, at an accredited university with a maximum of nine credits allowed for each course;
4. Attendance at or teaching of courses, programs, or seminars offered by universities that are directly related to the practice of arboriculture;
5. Completion of a continuing education quiz published by an arboricultural organization approved by the Board as a provider of quizzes. A participant who completes the quiz with a minimum score of 70 percent may receive the number of credits assigned to the quiz by the organization that offers the quiz. A list of approved organizations is posted on the Board's website at
www.njtreeexperts.org
; and
6. Preparation of a paper, publication or presentation, provided the subject matter of the paper, publication, or presentation is directly related to the practice or theory of arboriculture or urban forestry, as determined by the Board. One credit will be awarded for every two pages of arboricultural content. The paper, publication, or presentation shall be submitted to the Board's e-mail address or to its physical mailing address as posted on the Board's website at
www.njtreeexperts.org
for its review to determine the number of credits to be granted.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 7 - CONTINUING EDUCATION › Section 7:3A-7.3 - Compliance with continuing education requirements; audits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee applying for license renewal shall confirm on the renewal application that he or she has earned 32 continuing education credits as required during the preceding biennial period as set forth at N.J.A.C. 7:3A-7.1(a).
(b) A licensee's confirmation of fulfillment of the continuing education requirement shall be subject to audit by the Board. A licensee shall, upon request of the Board, submit documentation, in accordance with N.J.A.C. 7:3A-7.4, of his or her completion of the continuing education activities as claimed. Failure to provide, or falsification of, the documentation submitted to the Board may result in immediate suspension of the individual's license and/or civil administrative penalties as set forth at N.J.A.C. 7:3A-9.6(a), and may result in the denial of the application for license renewal until the submitted documentation has been corrected to the satisfaction of the Board.
(c) A licensee shall retain documentation of completed continuing education activities for a period of five years.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 7 - CONTINUING EDUCATION › Section 7:3A-7.4 - Continuing education documentation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee shall provide documentation as follows to be credited by the Board with completion of continuing education credits:
1. For documentation of attendance at an offering that has been pre-qualified by the Board, the verification of attendance furnished by the provider to each attendee as set forth at N.J.A.C. 7:3A-7.5(c);
2. For documentation of attendance at a seminar, conference, or other program for which the licensee received advanced or subsequent approval by the Board, a description of the program prepared by the sponsor, including the dates and hours of the program, and written verification by the sponsor of the licensee's attendance;
3. For documentation of completion of a continuing education quiz, verification by the publishing organization that the licensee took and completed the quiz, and received a score of at least 70 percent. The verification must be on official organization letterhead and signed by an officer of the organization or an official print-out generated by that organization's website;
4. For documentation of preparation of a publication, a copy of the final published publication; and
5. For documentation of preparation of a presentation, a copy of the presentation, the date, time, and location that the presentation was given, and written verification that the presentation was given from the sponsoring organization on official letterhead and signed by an officer of the organization.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 7 - CONTINUING EDUCATION › Section 7:3A-7.5 - Procedures for pre-qualification of continuing education offerings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may, at its discretion, review an educational offering, such as a seminar, course, program, presentation, lecture, or quiz to be offered by a college, university, and other institution or organization, to determine whether a licensee may utilize completion of the offering as a basis for earning continuing education credits.
(b) If a provider wants to have a seminar, course, program, presentation, lecture, quiz, or other offering be considered for pre-qualification by the Board as eligible to be used by a licensee to earn continuing education credits, the provider shall, at least 45 days prior to the date of the offering, submit a request for pre-qualification to the Board, together with:
1. A detailed description of the offering, its content, and the number of hours of instruction it will entail; and
2. A summary of the qualifications of the instructor, presenter, and/or content preparer, as applicable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 8 - STANDARDS OF PRACTICE AND ETHICS › Section 7:3A-8.1 - Conformance with certain industry standards and applicable OSHA regulations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each licensee and each registered business providing tree care services for hire in New Jersey shall adhere to the version of the following standards in effect at the time the tree care services in question were performed:
1. The Dictionary of Standard Definitions for the Green Industry, 2009-2010 edition, which is incorporated herein by reference, as amended and supplemented, and available from the Tree Care Industry Association, 136 Harvey Road, Suite 101, Londonderry, NH 03053 shall be the reference standard for nomenclature and terminology for all practices that fall under this chapter unless otherwise defined at N.J.A.C. 7:3A-1.5;
2. The following standards of practice, available from the Tree Care Industry Association, 136 Harvey Road, Suite 101, Londonderry, NH 03053 and the International Society of Arboriculture, PO Box 3129, Champaign, IL 61826, shall be incorporated by reference, as amended and supplemented:
i. ANSI A300 American National Standard for Tree Care Operations--Tree, Shrub, and Other Woody Plant Management, which includes: 2014 Pruning (Part 1), 2011 Soil Management (modification, fertilization, and drainage) (Part 2), 2013 Supplemental Support Systems (Part 3), 2014 Lightning Protection Systems (Part 4), 2012 Management of Trees and Shrubs During Site Planning, Site Development, and Construction (Part 5), 2012 Planting and Transplanting (Part 6), 2012 Integrated Vegetation Management (Electric Utility Rights-of-Way) (Part 7), 2013 Root Management (Part 8), 2011 Tree Risk Assessment (Tree Structure Assessment) (Part 9), and 2016 Integrated Pest Management (Part 10);
ii. ANSI Z60.1-2014, American Standards for Nursery Stock;
iii. ANSI Z133-2012, Safety Standards for Arboricultural Operations; and
iv. The applicable OSHA, Federal Motor Carrier Safety Administration, and Federal Highway Administration regulation, which are set forth in ANSI Z133-2012.
3. Each of the Best Management Practices in the series published by the International Society of Arboriculture, incorporated herein, as amended and supplemented, including Tree Planting (2005), Tree Lightning Protection Systems, Second Edition (2008), Tree and Shrub Fertilization (2007), Integrated Pest Management (2007), Managing Trees During Construction (2008), Tree Support Systems: Cabling, Bracing, Guying, and Propping Second Edition (2007), Utility Pruning of Trees (2004), Tree Pruning Second Edition (2008), Tree Inventories Second Edition (2013), Integrated Vegetation Management Second Edition (2013), and Tree Risk Assessment (2011), as applicable to the practices being performed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 8 - STANDARDS OF PRACTICE AND ETHICS › Section 7:3A-8.2 - Canons of professional ethics and standards of conduct applicable to licensees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The canons of professional ethics and standards of conduct for licensees is set forth in this section. A licensee shall:
1. Adhere to the highest standards of integrity, honesty, and skill to inspire and instill public trust and confidence;
2. Remain reasonably informed about current advances in technology and arboricultural techniques, practice, and standards of practice within the professional community;
3. Honestly and accurately describe to prospective clients the likely results of contemplated services, to the extent reasonably necessary to permit a client to make an informed decision regarding the retention of services;
4. Undertake to perform professional services only when he or she, together with those who may be engaged as consultants, are qualified by education, training, and experience in the specific scope of contractual obligations and technical areas involved;
5. Base expert testimony on information found in publications typically relied upon in the profession and/or well-accepted standards and practices of the profession;
6. Maintain a high regard for the safety, health, and welfare of the general public in the performance of his or her professional duties;
7. Render professional services in a manner that is not misleading, false, fraudulent, or grossly negligent;
8. When making any public statement on an arboricultural matter disclose when he or she is being compensated for making such statements; and
9. Accurately disclose his or her qualifications to prospective clients for any contracted work, if asked.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 8 - STANDARDS OF PRACTICE AND ETHICS › Section 7:3A-8.3 - Canons of professional ethics and standards of conduct applicable to registered businesses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The canons of professional ethics and standards of conduct for registered businesses is set forth in this section. A registered business shall:
1. Adhere to established standards of advertising and selling;
2. Honestly represent products and services;
3. Conduct business in an honest manner and abide by the law;
4. Openly identify the principal office, any branch office, and the ownership of the business;
5. Abide by all written agreements and verbal representations;
6. Address marketplace disputes quickly, professionally, and in good faith;
7. Protect any data collected against mishandling and fraud;
8. Approach all business dealings, marketplace transactions, and commitments with integrity, and conduct business in a fair and just manner in dealing with the public, employees, and other businesses;
9. Provide for the safety and training of employees to ensure a healthy work environment;
10. Stay current and educate employees and clients in the most current research and practices available to the industry;
11. Comply with all applicable laws and rules including quarantine restrictions established by a State or Federal agency having jurisdiction in New Jersey; and
12. Adhere to the industry standards set forth at N.J.A.C. 7:3A-8.1(a).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 8 - STANDARDS OF PRACTICE AND ETHICS › Section 7:3A-8.4 - Duty to cooperate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All licensees and registered businesses have the duty to cooperate fully with the Department and the Board in any investigation or adjudication of an alleged violation of the Tree Experts and Tree Care Operators Licensing Act and this chapter. All licensees and registered businesses shall provide copies of any documents requested by the Department and/or the Board in connection with such investigation or adjudication.
(b) For a licensee, failure to comply with the requirements of this section shall result in suspension or revocation of the offender's license as set forth at N.J.A.C. 7:3A-9.4 and 9.5, refusal by the Board to renew the offender's license, and/or the imposition of civil administrative penalties as set forth at N.J.A.C. 7:3A-9.6(a). For a registered business, failure to comply with the requirements of this section shall result in suspension or revocation of the offender's registration as set forth at N.J.A.C. 7:3A-9.2 and 9.3 or refusal by the Board to renew the offender's registration, and/or the imposition of civil administrative penalties as set forth at N.J.A.C. 7:3A-9.6(a).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 9 - COMPLIANCE AND ENFORCEMENT › Section 7:3A-9.1 - Inspection and investigation of unlawful activity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever it appears to the Board that a licensee or a business, whether or not it is a registered business, has engaged in, or is engaging in, any activity that is unlawful under the provisions of the Tree Experts and Tree Care Operators Licensing Act and this chapter, the Board may require the licensee or business to file a written statement, under oath, as to the facts and circumstances concerning the alleged violation. The form to be used in preparing such a statement is available on the Board's website at
www.njtreeexperts.org
.
(b) The Board may examine any person in connection with any act or practice that is subject to the Tree Experts and Tree Care Operators Licensing Act and this chapter.
(c) The Board or its representative may inspect any premises upon which a violation of the Tree Experts and Tree Care Operators Licensing Act and this chapter is alleged to have taken place, as well as the place of business of the licensee or business alleged to have violated the Tree Experts and Tree Care Operators Licensing Act and this chapter. This inspection may include questioning individuals, photographing work operations, documenting business registration numbers, vehicle identification numbers, and other information relevant to the Board's inspection. The Board will provide at least 24 hours notice to the licensee or business prior to an inspection. During an inspection under this section, the licensee or business shall allow the Board or its representative access to all areas of the place of business and comply with any reasonable request for records or documents pertaining to the alleged violation, and shall make available for inspection any equipment relevant to the alleged violation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 9 - COMPLIANCE AND ENFORCEMENT › Section 7:3A-9.2 - Suspension of business registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may suspend the registration of any registered business, after notice as set forth at N.J.A.C. 7:3A-9.7 and a hearing as set forth at N.J.A.C. 7:3A-10.1, where:
1. The business is found in violation of the canons of professional ethics and standards of conduct set forth at N.J.A.C. 7:3A-8.3(a);
2. The business is found in violation of the industry standards of practice or safety requirements as set forth at N.J.A.C. 7:3A-8.1(a);
3. The business has engaged in wrongful conduct as defined at N.J.A.C. 7:3A-8.3(c);
4. The business has failed to demonstrate that the employer, or at least one employee in each principal office and branch office location who is responsible for the supervision of workers in the performance of tree expert or tree care operator services, is in possession of a tree expert license or a tree care operator license;
5. The business has failed to ensure the safe operation of all equipment used in the performance of tree expert or tree care operator services;
6. The business has failed to provide instruction and training for its employees as required by the Act and this chapter;
7. The business has engaged in the use of dishonesty, fraud, deception, misrepresentation, false promise, or false pretense in the course of business;
8. The business has been found guilty of gross negligence or incompetence;
9. The business has had the authority to engage in tree expert or tree care operator services revoked or suspended by any other state, agency, or authority;
10. The business has failed to comply with the provisions of the Act or this chapter;
11. The business has engaged in any form of false or misleading advertising or promotional activities; or
12. The business has failed to maintain records required by the Board.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 9 - COMPLIANCE AND ENFORCEMENT › Section 7:3A-9.3 - Revocation of business registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may revoke the registration of any registered business, after notice as set forth at N.J.A.C. 7:3A-9.7 and a hearing as set forth at N.J.A.C. 7:3A-10.1, where:
1. The business is found in violation of the canons of professional ethics and standards of conduct set forth at N.J.A.C. 7:3A-8.3(a);
2. The business is found in violation of the industry standards of practice and/or safety requirements as set forth at N.J.A.C. 7:3A-8.1(a);
3. The business has engaged in wrongful conduct as defined at N.J.A.C. 7:3A-8.3(c);
4. The business has failed to demonstrate that the employer, or at least one employee in each principal office and branch office location who is responsible for the supervision of workers in the performance of tree expert or tree care operator services, is in possession of a tree expert license or a tree care operator license;
5. The business has failed to ensure the safe operation of all equipment used in the performance of tree expert or tree care operator services;
6. The business has failed to provide instruction and training for its employees as required by the Act and this chapter;
7. The business has engaged in the use of dishonesty, fraud, deception, misrepresentation, false promise, or false pretense in the course of business;
8. The business has been found guilty of gross negligence or incompetence;
9. The business has had its authority to engage in tree expert or tree care operator services revoked or suspended by any other state, agency, or authority;
10. The business has failed to comply with the provisions of the Act or this chapter;
11. The business has engaged in any form of false or misleading advertising or promotional activities; or
12. The business has failed to maintain records required by the Board.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 9 - COMPLIANCE AND ENFORCEMENT › Section 7:3A-9.4 - Suspension of license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may suspend an individual's license, after notice as set forth at N.J.A.C. 7:3A-9.7 and a hearing as set forth in N.J.A.C. 7:3A-10.1, where:
1. The individual is found in violation of the canons of professional ethics and standards of conduct set forth at N.J.A.C. 7:3A-8.2(a);
2. The individual is found in violation of the industry standards of practice and/or safety requirements as set forth at N.J.A.C. 7:3A-8.1(a);
3. The individual has engaged in wrongful conduct as defined at N.J.A.C. 7:3A-8.2(c);
4. The individual has obtained a license or authorization to sit for an examination through fraud, deception, or misrepresentation;
5. The individual has conducted work, or allowed work to be conducted under his or her supervision, in a manner not in compliance with standards approved by the Board;
6. The individual has engaged in the use of dishonesty, fraud, deception, misrepresentation, false promise, or false pretense in the course of his or her business;
7. The individual has engaged in gross negligence or gross incompetence;
8. The individual has engaged in repeated acts of negligence or incompetence;
9. The individual has engaged in occupational misconduct, as determined by the Board;
10. The individual has been convicted of any crime involving moral turpitude, any crime related adversely to the activities regulated by the Board, or any crime of the first, second, third, or fourth degree;
11. The individual has had his or her authority to engage in the activities regulated by the Board revoked or suspended by any other state, agency , or authority;
12. The individual has failed to comply with the provisions of the Act or any rule promulgated pursuant thereto;
13. The individual is incapable, for medical or any other good cause, of discharging the functions of a licensee in a manner consistent with the health, safety, and welfare of the public;
14. The individual has engaged in any form of false or misleading advertising or promotional activities, including, but not limited to, holding himself or herself out to be a licensed tree expert, an arborist, licensed tree care operator, a tree surgeon, a tree care business, or any similar designation, or using the abbreviation "L.T.E." or "L.T.C.O." without being licensed as a tree expert or a tree care operator; or
15. The individual has failed to maintain records required by the Board.