A853 TR

ASSEMBLY, No. 853

STATE OF NEW JERSEY

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen COTTRELL and MALONE

An Act concerning the certification of tree experts, amending and supplementing P.L.1940, c.100, and repealing parts of the statutory law.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 3 of P.L.1940, c.100 (C.45:15C-3) is amended to read as follows:

3. The Department of Environmental Protection shall establish a board of tree experts consisting of three members who shall be skilled in the knowledge, science and practice of tree care and shall have been [actively engaged as tree experts within the State of New Jersey] certified tree experts for a period of at least [5] five years prior to their selection. Members of the board shall hold office[, one for the term of 1 year, one for the term of 2 years, and one] for [the] a term of [3] three years, and thereafter until their successors are appointed by the department. Vacancies shall be filled for the unexpired terms only. The department shall make all rules and regulations necessary to carry into effect the provisions of this act.

(cf: P.L.1983, c.324, s.28)

2. Section 4 of P.L.1940, c.100 (C.45:15C-4) is amended to read as follows:

4. The certificate of "certified tree expert" shall be granted by the board [to] upon application by any natural person who is (a) a citizen of the United States or has duly declared his or her intention of becoming [such] a citizen, and [who is a legal resident of the State of New Jersey,](b) who is over the age of 21 years, and (c) who is of good moral character, and (d) who has graduated from a 4 year college with a degree in forestry, arboriculture, ornamental horticulture, landscape architecture, or the equivalent, or (e) who [shall have continuously] , for at least [5] five years immediately preceding the date of his application , has been [engaged in practice as a tree expert, (f) who shall have successfully passed examinations in the theory and practice of tree care, including such subjects as botany, plant physiology, dendrology, entomology, plant pathology, and soils] continuously employed in the practice of arboriculture, or (f) who has completed two years of college and passed courses in the theory and practice of tree care, including botany, plant physiology, dendrology, entomology, plant pathology, and soils, or their equivalent, and has been continuously employed in the practice of arboriculture for a period of at least three years preceding the date of his application or entry into college, and (g) who has passed the examination provided for in section 5 of P.L.1940, c.100 (C.45:15C-5). Upon satisfaction of the qualifications specified in this section, the board shall issue the successful applicant a wall certificate evidencing the applicant's certification. The determination of the board as to an applicant's qualifications shall constitute final agency action.

(cf: P.L.1983, c.324, s.29)

3. Section 5 of P.L.1940, c.100 (C.45:15C-5) is amended to read as follows:

5. New applicants who have never been certified or who have not held a certificate for [3] three years previously [must] shall take an examination , unless the board in its discretion waives this requirement. All examinations provided for herein shall be conducted by the board. The examinations shall take place as often as may be necessary in the opinion of the board but not less frequently than once each year. A candidate who [shall have passed a satisfactory examination in all but one of the subjects given by the board of examination] has taken the examination and failed any subject or subjects thereof, may , at the discretion of the board, be reexamined in that subject or those subjects only, at subsequent examinations held by the board, and if he passes in that subject or those subjects he shall be considered to have passed the examination. Nothing in this [law] act shall be construed as prohibiting the reexamination in all subjects of a candidate who has failed any subject or subjects in a prior examination.

(cf: P.L.1983, c.324, s.30)

4. Section 6 of P.L.1940, c.100 (C.45:15C-6) is amended to read as follows:

6. The board of tree experts by majority vote thereof [shall] may permanently revoke or temporarily suspend the effect of a certificate of any certified tree expert who has been convicted of a crime in the courts of this State, or has been guilty of any fraud or deceit in obtaining [such] a certificate, or who has been guilty of negligence or wrongful conduct in the practice of professional tree care. The board may promulgate and may amend from time to time canons of professional ethics and may temporarily suspend for a period not exceeding [2] two years [the effect of] the certificate of any certified tree expert who violates [such] the canons of professional ethics, this power of suspension being in addition to and not in limitation of the power to revoke or suspend heretofore provided in this section. Notice of [the cause for such contemplated action] and the date of hearing [thereon] of any action pursuant to this section by the board shall be mailed to the holder of [such] the certificate at [his or her] that person's registered address at least 20 days before [said] the hearing. No certificate issued under this act shall be revoked or [the effect thereof] suspended until the board [shall have] has had [such] a hearing, but the nonappearance of the holder of any certificate after notice [as herein] has been provided shall not prevent [such] the hearing. By majority vote the board may reissue the certificate of any certified tree expert whose certificate[ shall have] has been revoked and may modify [the effect of] the suspension of any certificate which has been suspended.

(cf: P.L.1983, c.324, s.31)

5. Section 8 of P.L.1940 c.100 (C.45:15C-8) is amended to read as follows:

8. a. No person shall represent himself or herself to the public as having received a certificate as provided for in this act, or shall [assume to] practice as a certified tree expert without having received [such] a certificate, and no person who, having received [such] a certificate and thereafter lost the same by revocation or had [the effect of] the [same] certificate suspended as provided for in this act, shall continue to practice as a certified tree expert, and no person shall use [such] the title of certified tree expert, or the abbreviation "C.T.E." or any other words, letters or abbreviations tending to indicate that [such] the person is a certified tree expert without having received [such] a certificate or if [such] their certificate has been revoked or suspended.

b. Any person who violates this section shall be subject to a fine not exceeding $1,000.

(cf: P.L.1983, c.324, s.32)

6. Section 9 of P.L.1940, c.100 (C.45:15C-9) is amended to read as follows:

9. The board may in its discretion [register the certificate of] grant certification to any person who is not a resident of this State and who is the lawful holder of a [C.T.E. certificate] substantially equivalent certification issued under the laws of another state which extends similar privileges to certified tree experts of this State; provided, the requirements [of the certificate] for certification in [the other] that state [which has granted it to the applicant] are, in the opinion of the board, substantially equivalent to those herein provided.

(cf: P.L.1983, c.324, s.33)

7. (New section) "Certified tree expert" means a natural person who has satisfied the requirements of P.L.1940, c.100 (C.45:15C-1 et seq.) and who has been authorized by the board to present himself to the public as a certified tree expert. Nothing in this act shall be construed to restrict or otherwise affect the right of any person to engage in the practice of arboriculture, but a person shall not hold himself out as, or use the title of, a certified tree expert unless he has been, and continues to be, so authorized by the board.

8. (New section) All applicants for certification or renewals for certification under this act shall pay a fee for the issuance or renewal. Fees shall be determined by the board. The revenue generated from these fees shall not exceed the operating costs incurred by the board under this act.

9. Sections 2, 7 and 10 of P.L.1940, c.100 (C.45:15C-2, 45:15C-7 and 45:15C-10) are repealed.

10. This act shall take effect immediately.

Revises requirements for the certification of tree experts.