reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3 - FORESTRY › Subchapter 3 - LIST OF APPROVED FORESTERS › Section 7:3-3.9 - Adjudicatory hearing requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual who has received a written notice of denial of an application for inclusion on the List of Approved Foresters pursuant to
N.J.A.C. 7:3-3.2(e)
, removal from the List of Approved Foresters pursuant to
N.J.A.C. 7:3-3.7(b)
, or denial of reinstatement to the List of Approved Foresters pursuant to N.J.A.C. 7:3-3.8(d)  may, within 21 days of receipt of the notice, request an adjudicatory hearing in accordance with this section.
(b) A request for an adjudicatory hearing shall include:
1. The name, mailing address, e-mail address (if any), and phone number of the individual submitting the request;
2. The name, mailing address, e-mail address, and phone number of the attorney (if any) representing the individual identified in (b)1 above for purposes of the adjudicatory hearing;
3. The date the individual identified in (b)1 above received written notice of the decision or proposed decision;
4. A copy of the written notice of decision being appealed;
5. A statement of the basis for the appeal;
6. An estimate of the time required for the hearing (in days and/or hours);
7. A request, if necessary, for a barrier-free hearing location for physically disabled persons; and
8. A clear indication of any willingness to negotiate a settlement with the Department prior to the Department's transmitting the case to the Office of Administrative Law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3 - FORESTRY › Subchapter 5 - FOREST STEWARDSHIP PROGRAM › Section 7:3-5.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Forest Stewardship Program is a voluntary program for an owner who is willing to manage a qualifying property in accordance with a forest stewardship plan approved by the Department pursuant to this subchapter.
(b) A forest stewardship plan shall apply to the entirety of a single qualifying property that is privately held. To qualify, a property shall:
1. Include five acres or more of land, exclusive of land on which the Department determines that the owner is precluded from engaging in forest management due to an easement or other legal constraint, that qualifies as forest land; and
2. Not be landlocked.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3 - FORESTRY › Subchapter 5 - FOREST STEWARDSHIP PROGRAM › Section 7:3-5.2 - Plan criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A forest stewardship plan shall contain:
1. A title page in accordance with N.J.A.C. 7:3-5.3;
2. A background and goals section in accordance with N.J.A.C. 7:3-5.4;
3. A property overview section in accordance with N.J.A.C. 7:3-5.5;
4. A forest stands section in accordance with N.J.A.C. 7:3-5.6;
5. A management schedule in accordance with N.J.A.C. 7:3-5.7; and
6. Appendices, including maps, in accordance with N.J.A.C. 7:3-5.8.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3 - FORESTRY › Subchapter 5 - FOREST STEWARDSHIP PROGRAM › Section 7:3-5.3 - Title page

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A plan's title page shall include the following:
1. A title for the plan, as follows: "Forest Stewardship Plan for ";
2. The legal name, mailing address, and phone number of the owner or owners and, if in accordance with N.J.A.C. 7:3-5.1(g) an individual is signing the certification on behalf of a corporation or other non-individual, the individual's name and relationship to the owner;
3. The name of the Approved Forester with whom the owner prepared the plan;
4. The property's street address, if available, and each county, and each municipality within the county, in which the property in whole or part is located and, for each municipality, the block and lot numbers from the municipal tax map for each lot that is part of the property;
5. The acreage of the property as a whole and of the property's forest land, accurate to the nearest hundredth of an acre;
6. Whether the owner intends to submit the plan with an application for farmland assessment; and
7. The certifications specified in (c) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3 - FORESTRY › Subchapter 5 - FOREST STEWARDSHIP PROGRAM › Section 7:3-5.4 - Background and goals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A forest stewardship plan shall begin with a background and goals section.
(b) With regard to background, the section shall:
1. Describe the location of the property, given in terms such as the distance and direction along a roadway from an intersection or other distinctive feature, and indicate where the property is to be accessed from a public roadway;
2. State whether all or part of the property is located in the Highlands Region, as designated by
N.J.S.A. 13:20-7
, or the Pinelands Area, as designated by
N.J.S.A. 13:18A-11
;
3. Provide relevant history of the property, including:
i. Information regarding the present condition of the property's forest land, the property's past ownership, change in land use over time, and past events or practices that contribute to the present condition, such as past harvesting and other forest management activities, agricultural practices, wildfire, flooding, drought, and/or insect and disease outbreaks; and
ii. For any forestry plan applicable to the property within the past 10 years, the type of plan (such as woodland management plan or forest stewardship plan approved under this subchapter), and date and reason the plan has ended or will end (such as by expiration, termination, or revocation);
4. If a prior forest stewardship plan applies to the property, whether it is not yet expired or has expired within the past 10 years, list for each stand the objectives in the prior plan applicable to the stand, report for each objective the monitoring data collected and recorded pursuant to N.J.A.C. 7:3-5.11(c) during the plan period, describe the trend if any shown by the data, and assess the progress toward the objective achieved under the prior plan;
5. State whether:
i. The property includes wetlands and, if so, whether any prescriptions and practices in the plan are subject to the Freshwater Wetlands Protection Act rules at
N.J.A.C. 7:7A-2.8
; and
ii. Some or all of the property's forest land lies in a flood hazard area and, if so, whether any of the prescriptions and practices in the plan is subject to the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-7;
6. Describe any legal constraint, such as an easement, that has the potential to affect management of the property's forest land; and
7. Describe any other factors relevant to the design of the plan, such as local considerations, economic aspects, and/or aesthetic, privacy, or safety concerns.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3 - FORESTRY › Subchapter 5 - FOREST STEWARDSHIP PROGRAM › Section 7:3-5.5 - Property overview

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner shall ensure that the boundaries of the property are physically marked, such as by a fence, roadway, or signage, or a natural feature, such as a stream. The property overview section shall describe how the boundaries of the property are physically demarked.
(b) The section shall indicate the use being made of each portion of the property as of the date the plan is submitted for review in accordance with N.J.A.C. 7:3-5.9. If, pursuant to N.J.A.C. 7:3-5.1(c) and (d), an area qualifies as forest land, the section shall:
1. State whether the area is "current" forest land or "proposed" forest land scheduled to be afforested or reforested under the plan. If it is "proposed" forest land, the section shall also specify the current use being made of the area;
2. Give its acreage accurate to the nearest hundredth of an acre; and
3. Identify its location on the property.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3 - FORESTRY › Subchapter 5 - FOREST STEWARDSHIP PROGRAM › Section 7:3-5.6 - Forest stands

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All of the property's forest land, identified pursuant to N.J.A.C. 7:3-5.5(b) shall be assigned to a stand. The forest stands section shall list the property's stands and, for each stand:
1. Identify the name or number by which the stand is referenced in the plan;
2. State its total acreage, accurate to the nearest hundredth of an acre; and
3. Provide forest inventory information based on a recent survey. This shall include:
i. The species composition of the stand's vegetation, with the overstory and understory described separately;
ii. The stand's forest type;
iii. The structure of the stand, including:
(1) For an even-aged stand, its age class, DBH class, and crown class; and
(2) For an uneven-aged stand, its age-class distribution, DBH-class distribution, and crown-class distribution;
iv. The stocking level of the stand, given as a percentage of full stocking;
v. The stand's volume and rate of growth;
vi. The stand's site index;
vii. If the plan directs that any prescription or practice be carried out in the stand during the plan period, a stand table and a stock table for the stand;
viii. The condition of the stand, including:
(1) The size, growth rate, and vigor of the trees;
(2) The density of the stand, expressed as basal area, and whether any mortality is evident;
(3) The status of native biodiversity within the forest or stand and the extent to which factors that suppress such biodiversity are present, such as browse by deer;
(4) The status of regeneration;
(5) Whether any invasive species impair, or threaten to impair, the stand's ecosystem and, if so, identification of the species and the extent and manner of impairment or potential impairment;
(6) The presence of biotic or abiotic damage-causing agents, such as insect infestations, disease, and/or salt spray;
(7) Evidence of damage-causing events, such as flooding, wildfire, and/or high winds; and
(8) Litter cover; and
ix. If the plan prescribes management of any resource other than trees, the current status of that resource.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3 - FORESTRY › Subchapter 5 - FOREST STEWARDSHIP PROGRAM › Section 7:3-5.7 - Management schedule

Current through Register Vol. 56, No. 14, July 15, 2024
The management schedule shall present in table format, in chronological order (to the extent feasible), the practices to be carried out during the plan period. The table shall indicate the stand or stands in, or for which, the practice is to be carried out, the planned extent of the practice, and the year or range of years in which the practice will be carried out.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3 - FORESTRY › Subchapter 5 - FOREST STEWARDSHIP PROGRAM › Section 7:3-5.8 - Appendices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The appendices to a plan shall include:
1. Maps relevant to the plan, including, at a minimum, those specified in (b) below;
2. A copy of the Natural Heritage Data search report relied upon pursuant to N.J.A.C. 7:3-5.5(d)1, including documentation of its date of issuance; and
3. A copy of the documentation relied upon to identify the Federally listed threatened or endangered species determined to be on or within the vicinity of the property, or to have critical habitat on or within the vicinity of the property, as required at N.J.A.C. 7:3-5.5(d)2, and the date the documentation was issued.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3 - FORESTRY › Subchapter 5 - FOREST STEWARDSHIP PROGRAM › Section 7:3-5.9 - Submission of a plan, plan amendment, or plan conversion

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No owner shall submit, or authorize the submission of, a forest stewardship plan, plan amendment, or plan conversion for review unless it meets all the applicable requirements in this subchapter.
(b) Unless the document is being submitted electronically pursuant to
N.J.A.C. 7:3-1.4(b)
, an owner shall submit a forest stewardship plan, plan amendment, or plan conversion:
1. On 8.5 inch by 11 inch paper, except that maps and other graphics may be larger to provide appropriate scale; and
2. To the regional office of the New Jersey Forest Service that serves the county where all or the greatest portion of the property's forest land are located. Contact information for regional offices of the New Jersey Forest Service is available on the Department's website,
www.state.nj.us/dep/parksandforests/forest/njfs_regional_offices.html
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3 - FORESTRY › Subchapter 5 - FOREST STEWARDSHIP PROGRAM › Section 7:3-5.10 - Department review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may inspect a property to assess whether a forest stewardship plan, plan amendment, or plan conversion submitted to it meets the requirements of this subchapter.
(b) The Department shall not approve a forest stewardship plan, plan amendment, or a plan conversion, unless the plan, plan amendment, or plan conversion conforms with the requirements of this subchapter.
(c) The Department shall notify the owner and the Approved Forester identified on the title page of the plan whether the plan, plan amendment, or plan conversion is approved or not approved. Notification shall be in writing.
(d) If the Department disapproves the plan, plan amendment, or plan conversion, the written notification in (c) above shall include the Department's reason or reasons therefor.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3 - FORESTRY › Subchapter 5 - FOREST STEWARDSHIP PROGRAM › Section 7:3-5.11 - Monitoring and recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner shall maintain records that document:
1. The implementation of prescriptions and practices; and
2. Each inspection for verification of compliance with the plan that is carried out by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3 - FORESTRY › Subchapter 5 - FOREST STEWARDSHIP PROGRAM › Section 7:3-5.12 - Plan amendments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner shall submit an amendment to the plan if any of the following circumstances occurs during a plan period:
1. The owner decides to modify the long-term goals for the property and its forest land;
2. The owner determines that any of the plan's objectives, prescriptions, or practices is no longer viable;
3. An on-site inspection carried out by the Department indicates:
i. Information in the plan is not or is no longer true; or
ii. An objective, prescription, or practice in the approved plan is no longer appropriate or viable for the property;
4. A change in land use occurs, such that:
i. The affected area of the property will no longer be used as described in the approved plan pursuant to N.J.A.C. 7:3-5.5(b); and
ii. The change will:
(1) Impact any of the property's forest land;
(2) Interfere with the conduct of any prescription or practice in the plan;
(3) Convert forest land to a non-forest use; or
(4) Convert any portion of the property to a use that is inconsistent with the sustainability of any of the property's forest land; or
5. The owner acquires new adjacent land that includes forest land, or sells, or otherwise conveys to another person, a portion of the property that includes forest land.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3 - FORESTRY › Subchapter 5 - FOREST STEWARDSHIP PROGRAM › Section 7:3-5.13 - Change in ownership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If ownership changes as to all or a portion of a property for which there is an approved forest stewardship plan in effect, the approval shall be deemed revoked as to all of the property under the plan as of the date of the transfer, except as set forth in (b) below.
(b) If ownership of all or a portion of a property covered by a forest stewardship plan changes, the plan shall continue to be considered to be in effect and its approval not revoked for any portion of the property covered by the plan, whether retained or transferred, provided:
1. The portion of the property, whether retained or transferred, meets the requirements of N.J.A.C. 7:3-5.1(b) for a qualifying property either in itself or, in the case of a transferred portion, together with one or more other contiguous lots held by the new owner;
2. Until the plan is amended or a new plan is approved, the owner manages the portion of the property in accordance with the applicable provisions of the plan and the requirements of N.J.A.C. 7:3-5.11; and
3. Within one year of the date of the transfer, the owner of the portion submits for review and approval in accordance with N.J.A.C. 7:3-5.9:
i. A plan amendment that reflects the transfer of ownership and the goals and objectives of the new owner; or
ii. A new forest stewardship plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3 - FORESTRY › Subchapter 5 - FOREST STEWARDSHIP PROGRAM › Section 7:3-5.14 - Plan conversions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner may, in accordance with this section, convert a Federal guidelines plan or woodland management plan to a forest stewardship plan that meets the requirements of this subchapter, provided that the plan has not expired and the owner has managed the property's stands in compliance with that plan since its date of approval.
(b) The owner shall prepare a plan conversion in consultation with an Approved Forester and submit it for review in accordance with N.J.A.C. 7:3-5.9.
(c) A plan conversion shall:
1. State that the owner wants to convert a Federal guidelines plan or woodland management plan to a forest stewardship plan;
2. Provide a new title page that meets the requirements at N.J.A.C. 7:3-5.3(a)1 through 6 and additionally includes:
i. The start date and end date of the plan period. These shall be the same as the start and end dates of the plan being converted to a forest stewardship plan, except that the length of the plan period for the converted plan may not exceed 10 years;
ii. Space for the New Jersey Forest Service to record the date the plan conversion was received for review, the date of the notice of approval of the conversion, and the ID number assigned by the New Jersey Forest Service; and
iii. Certifications in accordance with N.J.A.C. 7:3-5.3(c) signed and dated by the owner and the Approved Forester;
3. Provide, to the extent not already included in the Federal guidelines plan or woodland management plan, all of the information required at N.J.A.C. 7:3-5.2(a) for a forest stewardship plan. If the Federal guidelines plan or woodland management plan provides all the information required for any section of the plan, a statement to that effect shall be included; and
4. If the owner, in addition to providing the information necessary for conversion of a plan, is seeking approval of any amendment to the plan, include a statement to that effect and explain the reason for each change, and for each change provide the information required to be included in a plan amendment pursuant to N.J.A.C. 7:3-5.12(d)3 and 4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3 - FORESTRY › Subchapter 6 - FOREST STEWARDSHIP ADVISORY COMMITTEE › Section 7:3-6.1 - Committee membership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The State Forester shall serve on the Committee as Committee Chair.
(b) The following shall serve ex officio:
1. Director of the USDA Forest Service, Northeastern Area;
2. The State Conservationist of New Jersey within USDA's Natural Resources Conservation Service (NRCS);
3. The Executive Director of the New Jersey State Office of USDA's Farm Service Agency;
4. The Director of the Cooperative Extension Service of the Rutgers New Jersey Agricultural Experiment Station (NJAES);
5. The Director of the Division of Taxation in New Jersey's Department of the Treasury;
6. The Director of the Division of Agricultural and Natural Resources in the New Jersey Department of Agriculture;
7. The President of the New Jersey Forestry Association;
8. The Chair of the New Jersey Division of the Society of American Foresters;
9. The President of the Association of Municipal Assessors of New Jersey;
10. The Supervisor of the New Jersey Field Office, Northeast Region Ecological Services, USFWS;
11. The Chair of the New Jersey Tree Farm Committee; and
12. The Director of the New Jersey Division of Fish and Wildlife.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3 - FORESTRY › Subchapter 6 - FOREST STEWARDSHIP ADVISORY COMMITTEE › Section 7:3-6.3 - Appointed members; term and compensation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appointed members shall serve at the pleasure of the Commissioner for a term of three calendar years.
(b) Notwithstanding (a) above, of the six members of the Committee to be initially appointed by the Commissioner in accordance with
N.J.A.C. 7:3
-6.1(d), two shall be appointed for a term of one calendar year (or part thereof), two for a term of two calendar years (or part thereof), two for a term of three years (or part thereof). Thereafter, each appointment under
N.J.A.C. 7:3
-6.1(d) shall be made for a term of three calendar years, except as set forth in (d) below.
(c) An appointed member shall serve for the term for which he or she is appointed, or until the member resigns or his or her term is terminated by the Commissioner.
(d) Each appointed member serving at the time of the expiration of his or her term, may continue to serve until he or she resigns or his or her successor is appointed, unless the Commissioner directs otherwise.
(e) Any vacancy occurring in the appointed membership of the Committee, by expiration of term or otherwise, shall be filled by the Commissioner in the same manner as the original appointment. A new appointee shall serve for the unexpired portion of the term.
(f) Appointed members shall serve without compensation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3 - FORESTRY › Subchapter 6 - FOREST STEWARDSHIP ADVISORY COMMITTEE › Section 7:3-6.4 - Functions and authority of the Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee is authorized to perform any function assigned to it under Federal or State law, including, but not limited to:
1. Advising the Department in accordance with
N.J.S.A. 13:1L-35
and 36, and the USDA Forest Service's National Forest Stewardship Guidelines; and
2. Serving as New Jersey's Forest Stewardship Coordinating Committee in accordance with the Food, Agriculture, Conservation, and Trade Act of 1990,
16 U.S.C. §
												2103
(c), and the Cooperative Forestry Assistance Act,
16 U.S.C. §
												2113
(b).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3 - FORESTRY › Subchapter 6 - FOREST STEWARDSHIP ADVISORY COMMITTEE › Section 7:3-6.5 - Organization and conduct of the Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The chairperson shall, in accordance with N.J.A.C. 7:3-6.6, schedule and preside over Committee meetings and coordinate Committee activities. The Committee may take action by the affirmative vote of a majority of the members present at a meeting, provided that a quorum of 50 percent or more of the members of the Committee is in attendance.
(b) All Committee members shall be voting members, except that the chairperson shall vote only as necessary to break a tie.
(c) As soon as practical after the initial appointment of the Committee's members, the chairperson shall call a meeting of the Committee.
(d) The Committee shall elect a Vice-Chair from among its members. The Vice-Chair shall serve as chairperson in the event of the absence or recusal of the Committee Chair. The member elected Vice-Chair shall serve in that position for one year, unless he or she resigns the position or is no longer a member of the Committee. The Committee shall elect a Vice-Chair from among the Committee's membership whenever there is a vacancy in the position, but no less frequently than annually.
(e) The Committee may adopt bylaws for the regulation of its affairs, provided these are consistent with the provisions of this subchapter and are approved by the State Forester. Bylaws may include, but need not be limited to, how Committee meetings shall be conducted and the establishment of additional officer positions, temporary or ongoing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3 - FORESTRY › Subchapter 6 - FOREST STEWARDSHIP ADVISORY COMMITTEE › Section 7:3-6.6 - Authority and responsibilities of the Chair

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Annually, after consulting with members at a regularly scheduled meeting, the Chair shall establish a schedule of Committee meetings, which shall provide for no fewer than three meetings per calendar year, and which shall fix the time and place of the meetings.
(b) The Chair shall prepare and distribute an agenda prior to each meeting and shall preside over the meeting.
(c) The Chair may call special meetings of the Committee on not less than 10 days' notice to each member, when the Chair determines such a meeting is necessary or advisable.
(d) Subject to Committee vote, the Chair may:
1. Establish a sub-committee for an assigned purpose, name a member to head the sub-committee, assign responsibilities to the sub-committee, and specify deadlines and obligations of the sub-committee to report to the Committee as a whole; and
2. Dissolve a sub-committee when its work is complete or it is otherwise no longer needed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 1 - GENERAL PROVISIONS › Section 7:3A-1.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to govern the Board's licensing of individuals as Licensed Tree Experts and Licensed Tree Care Operators and registration of businesses offering tree care services for hire in the State of New Jersey, and to regulate the safety and practice standards of individuals and businesses offering tree care services for hire within the State of New Jersey.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 2 - BUSINESS REGISTRATION › Section 7:3A-2.1 - Business registration required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every business engaged in providing tree care services for hire in New Jersey which does not fall under the exemptions set forth at N.J.A.C. 7:3A-1.1(b) shall register biennially with the Board as a condition of doing business in New Jersey. This shall include a business that provides tree care services in New Jersey, even though its principal office and/or some or all of its branch offices are located out-of-State.
(b) Only one registration per business is required; if a business includes branch offices, those branch offices need not separately register with the Board.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 2 - BUSINESS REGISTRATION › Section 7:3A-2.2 - General duty to the public

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every registered business engaged in providing tree care services for hire in New Jersey shall ensure that all tree expert services or tree care operator services it performs are done in accordance with this chapter and the canons of professional ethics and standards of conduct at N.J.A.C. 7:3A-8.3(a).
(b) Every registered business engaged in providing tree care services for hire in New Jersey shall assign at least one licensee, who may be the employer or an employee engaged in the performance of or supervision of employees who provide the tree care services, to any office location from which tree care services are provided in New Jersey.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 2 - BUSINESS REGISTRATION › Section 7:3A-2.3 - At least one licensed employee required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each registered business's principal office and any branch office providing tree care services for hire in New Jersey shall have at least one licensee as an employee.
(b) If the registered business engages in tree expert services, the licensee must be a licensed tree expert. If the business only engages in tree care operator services, the licensee may be a licensed tree expert or a licensed tree care operator.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 2 - BUSINESS REGISTRATION › Section 7:3A-2.4 - Business registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No business shall advertise, enter into, or engage in the provision of tree care services for hire in New Jersey unless the business has first registered with the Board, and until such business has hired at least one licensee as an employee at its principal office and at any branch office(s) providing tree care services in New Jersey. A single licensee cannot be assigned to more than one business location.
(b) Every business engaged in providing tree care services for hire in New Jersey shall submit a completed initial business registration form and the required documentation as set forth in N.J.A.C. 7:3A-2.5 by June 16, 2017.
(c) Every business engaged in providing tree care services for hire in New Jersey shall have until April 12, 2018, or until the Board has administered and certified the results of the licensure examination four times, whichever is later, to comply with the requirement to have at least one licensee as an employee at each principal and branch office providing tree care services in New Jersey as set forth at N.J.A.C. 7:3A-2.2.
(d) Except for an initial business registration as set forth in N.J.A.C. 7:3A-2.5(b), a business registration shall be valid for a period of two years from the date of its issuance.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 2 - BUSINESS REGISTRATION › Section 7:3A-2.5 - Initial business registration documentation and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Businesses shall apply for initial registration on forms that are available at the Board's offices and on the Board's website at
www.njtreeexperts.org
. In addition to a completed initial registration application form, the application shall include the following:
1. Proof that the business carries at least the minimum required liability insurance, as set forth at N.J.A.C. 7:3A-2.11(a);
2. Proof that the business satisfies the applicable worker's compensation insurance obligation, as set forth at N.J.A.C. 7:3A-2.11(b);
3. The business biennial registration fee set forth at N.J.A.C. 7:3A-6.1(a); and
4. Signed certification stating that the business acknowledges that it has the responsibility to ensure that at least one employee assigned to the business's principal office and to each branch office is a licensed tree expert or licensed tree care operator. The certification shall be provided on a certification form that is available at the Board's office and on the Board's website at
www.njtreeexperts.org
. The certification form shall establish that the business is obligated to fulfill this employment requirement by the date that is the later of the following:
i. April 12, 2018;
ii. The date upon which the Board completes the administration and certified the results of the licensure examination four times; or
iii. The date that is 60 days after the business submits its initial registration application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 2 - BUSINESS REGISTRATION › Section 7:3A-2.6 - Board review of business registration applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall review each initial business registration application submitted and determine whether the business has provided all the items required at N.J.A.C. 7:3A-2.5. If the Board determines that the business has met the requirements, it will issue a registration certificate to the business.
(b) If the Board determines that the business does not meet the requirements, the Board shall deny the application and notify the business of its denial in writing. Denial of its application shall not prevent a business from remedying the application's deficiencies and resubmitting the application.
(c) If the Board determines that the business meets the requirements, the Board shall assign the business an NJTC number and issue an initial registration certificate to the business that specifies the business's assigned NJTC number.
(d) A business shall conspicuously display the registration certificate for public view in its principal office. If the business has one or more branch offices providing tree care services in New Jersey, the business shall conspicuously display a duplicate registration certificate, issued by the Board, at each branch office.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 2 - BUSINESS REGISTRATION › Section 7:3A-2.7 - Business registration biennial renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the expiration of the initial registration period and to each registration period thereafter, to continue providing tree care services for hire in New Jersey, the registered business shall apply for renewal of its registration.
(b) A business shall apply for renewal of its registration on a business registration biennial renewal application form which is available at the Board's office and on the Board's website at
www.njtreeexperts.org
. In addition to a completed business registration biennial renewal application form, the application shall include the following:
1. Proof that the business continues to carry at least the minimum required liability insurance as set forth at N.J.A.C. 7:3A-2.11(a);
2. Proof that the business continues to satisfy the applicable worker's compensation insurance obligation, as set forth at N.J.A.C. 7:3A-2.11(b);
3. The business biennial registration fee set forth at N.J.A.C. 7:3A-6.1(a); and
4. Signed certification stating that at least one employee assigned to the business's principal office and to each branch office is a licensed tree expert or licensed tree care operator in good standing with the Board. The certification shall be provided on a certification form that is available at the Board's office and on the Board's website at
www.njtreeexperts.org
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 2 - BUSINESS REGISTRATION › Section 7:3A-2.8 - Change in status of registered business

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A registered business shall notify the Board in writing, within 30 days of the change, of any change to any information that is required to be provided on a registration form or a change of status or structure of the business. This shall include, but is not limited to:
1. The business altering or changing its name;
2. The business opening or closing a principal office or branch office; or
3. The business creating a subsidiary company that provides tree care services for hire in the State of New Jersey.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 2 - BUSINESS REGISTRATION › Section 7:3A-2.9 - Licensees employed by registered businesses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All licensees shall abide by industry standards for arboriculture and safety as set forth at N.J.A.C. 7:3A-8.1 when performing tree care services and/or when supervising or training other employees in the performance of tree care services.
(b) All licensees employed by a registered business shall be responsible for assisting the principal or branch office to which he or she is assigned in complying with the current accepted standards of practice and safety, as well as the canons of professional ethics and standards of conduct.
(c) The Board shall not hold a licensee responsible for tree care services that are carried out by the business at which the licensee is employed that have not been performed in accordance with industry standards for arboriculture and safety if:
1. The licensee did not perform the work in question and is not the assigned supervisor of the employee who performed the work in question;
2. The licensee is not personally able to inspect or oversee work due to health issues, vacations or any other reasonable cause that prevents him or her from being at work; and
3. The licensee's supervisor or other person of higher rank within the business has superseded the direction or instructions given by the licensee and thereby caused the non-conformance with standards.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 2 - BUSINESS REGISTRATION › Section 7:3A-2.10 - Change of licensees employed by registered businesses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A registered business shall notify the Board in writing if any of its licensees leave the employment of the business. Such notice shall be provided to the Board within three days of the last day the licensee is employed by the business.
(b) A business that has only one licensee assigned to its principal office or a branch office shall have 60 days from the last day the licensee was employed at or assigned to the office to assign another licensee and notify the Board in writing of the identity of the new licensee. During this 60-day transition period, the business registration shall remain valid and the business shall not be deemed in violation of N.J.A.C. 7:3A-2.4(a).
(c) Any business that fails to notify the Board of a change in employment of a licensee pursuant to (a) above and/or fails to hire or assign another licensee to an office and notify the Board within the 60-day transition period pursuant to (b) above shall be in violation of this chapter and is subject to suspension or revocation of its business registration and the assessment of civil administrative penalties pursuant to N.J.A.C. 7:3A-9.6(a).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 2 - BUSINESS REGISTRATION › Section 7:3A-2.11 - Insurance; general liability, worker's compensation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A business engaged in providing tree care services for hire in New Jersey is required either to carry a minimum of $ 1,000,000 of general liability insurance or submit to the Board a letter of credit in the amount of $ 1,000,000 issued by a bank or lending institution licensed to do business in the State of New Jersey.
(b) A business engaged in providing tree care services for hire in New Jersey is required to either secure and maintain worker's compensation insurance coverage for its employees or be approved for self-insurance by the New Jersey Compensation Rating and Inspection Bureau, in conformance with the provisions of N.J.S.A. 34:15-1 et seq. Businesses offering tree care services shall have worker's compensation insurance based upon the applicable New Jersey Compensation Rating and Inspection Bureau code.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 2 - BUSINESS REGISTRATION › Section 7:3A-2.12 - Recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A registered business shall keep on file for at least four years, documentation of its liability insurance coverage and worker's compensation insurance coverage, if applicable.
(b) A registered business shall keep on file for at least four years, a copy of the letter of credit if a letter of credit is substituted for the liability insurance requirement as set forth at N.J.A.C. 7:3A-2.11(a).
(c) A registered business shall keep on file documentation of employee safety training for each employee for at least as long as the individual is an employee of the business.
(d) All records and information required to be kept pursuant to this section shall be provided to the Board within 10 days of the Board's written request.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 2 - BUSINESS REGISTRATION › Section 7:3A-2.13 - Registered business safety policies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A registered business shall develop, establish, and/or adopt from other industry sources a written comprehensive safety policy within 90 days of initially registering with the Board. The policy shall be given to each new employee and be available to every employee of the registered business, and the registered business must comply with the policy. Guidelines for developing a comprehensive safety policy are available from the Board and are posted on the Board's website at
www.njtreeexperts.org
.
(b) The Board may request from a business a copy of its comprehensive safety policy for review.
(c) The registration of a business that fails to develop and establish a written comprehensive safety policy within the first three months of registering the business with the Board may be suspended until such time as the business establishes its comprehensive safety policy.
(d) The Board may invalidate a business's comprehensive safety policy if it determines that it fails, in its scope or any of its standards, to meet the industry standards for arboriculture and safety set forth at N.J.A.C. 7:3A-8.1. The business shall have three months to revise a comprehensive safety policy invalidated by the Board.
(e) Following invalidation of a business's comprehensive safety policy under (d) above, the business's registration may be suspended if it fails to establish a revised comprehensive safety policy within three months or if the Board invalidates the revised policy because it fails, in its scope or any of its standards, to meet the industry standards for arboriculture and safety set forth at N.J.A.C. 7:3A-8.1. In such case, the business's registration shall continue to be suspended until the business again revises the policy, submits the revised policy to the Board for review, and the Board finds that the revised policy meets in full the industry standards for arboriculture and safety set forth at N.J.A.C. 7:3A-8.1.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 2 - BUSINESS REGISTRATION › Section 7:3A-2.14 - Mandatory employee safety training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A registered business shall provide instruction and training for its employees per the requirements of ANSI Z133-2012 Safety Requirements for Arboricultural Operations, incorporated herein by reference, as amended and supplemented, which includes the applicable OSHA, Federal Motor Carrier Safety Administration, and Federal Highway Administration regulations.
(b) A registered business shall, at least annually, provide instruction and training on its comprehensive safety policy, including the job briefing policy and procedures, and the personal protective equipment policy. The comprehensive safety policy shall conform to ANSI Z133 Safety Requirements for Arboricultural Operations, which is incorporated herein by reference, as amended and supplemented, which includes the applicable OSHA, Federal Motor Carrier Safety Administration, and Federal Highway Administration regulations.
(c) A registered business shall submit to the Board by January 31st of the year following completion, documentation of its employee safety training, including the Model Tree Safety Training Checklist Form as set forth at N.J.A.C. 7:3A-2.15.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 2 - BUSINESS REGISTRATION › Section 7:3A-2.15 - Employee safety training documentation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A registered business shall submit documentation of its safety training completed during the preceding year to the Board by January 31st of the following year. Employee safety training may be done either in-house or by an outside company. If an outside company is used, the registered business shall obtain and submit documentation of its safety training from the outside company by the January 31st deadline.
(b) Documentation for employee safety training shall consist of the following:
1. Employee attendance forms setting forth the names of individuals attending each training course;
2. Training course information forms setting forth the subject matter and format of each training course; and
3. The Model Tree Safety Training Checklist Form identifying the type of safety training the company provides for its employees.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 2 - BUSINESS REGISTRATION › Section 7:3A-2.16 - Duty to cooperate with quarantine restrictions

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to adhering to all applicable Federal, State, and local laws, if a quarantine area is established by an authorized State or Federal agency having jurisdiction within the State for the purpose of controlling, managing, or preventing the spread of an injurious or harmful insect or disease, registered businesses and licensees shall cooperate fully and adhere to all mandated restrictions. Any business or licensee that fails to cooperate or adhere to such restrictions shall be in violation of N.J.S.A. 45:15C-20 and this chapter and subject to 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 2 - BUSINESS REGISTRATION › Section 7:3A-2.17 - Vehicle business registration number

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A registered business shall prominently display the NJTC number assigned to that business by the Board on every service vehicle operated by that business to perform tree care services in New Jersey.
(b) The NJTC number shall be in figures each measuring at least three inches high.
(c) The NJTC number shall be located on at least two sides of each vehicle.
(d) The NJTC number shall be in a color that contrasts with the background color of the vehicle.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 3A - BOARD OF TREE EXPERTS › Subchapter 3 - LICENSING › Section 7:3A-3.1 - Tree expert 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 expert or use any title, designation, word(s), letter, or abbreviations tending to indicate that such individual is a licensed tree expert without obtaining licensure as a tree expert 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 to 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.