N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 61-1.3

Current through Register Vol. 46, No. 51, December 18, 2024

Section 61-1.3 - Certificate required

(a) Unless otherwise stated in this Part:

(1) No individual shall engage in a certified occupation unless such individual holds a valid certificate of competence issued by the commissioner.

(2) No employer, contractor or agent including a sponsor or supplier shall knowingly permit any individual to engage in a certified occupation unless such individual holds a valid certificate of competence issued by the commissioner.

(3) An individual holding a valid learner's certificate of competence may obtain hands on training and work experience in the certified occupation only under the direct supervision of an individual who possesses a certificate of competence. In any certified occupation where the commissioner does not offer a learner's certificate of competence, an individual may assist and obtain hands-on training and work experience in the certified occupation under the direct supervision of an individual who possesses a certificate of competence for such certified occupation.

(b) Carrying certificate. All certificate holders shall carry the certificate on their person when working and shall produce the certificate upon request of the commissioner, or his or her designee. Failure to produce a certificate shall be presumptive evidence that the individual does not hold a valid certificate of competence or learner's certificate of competence.

(c) Restricted certificate. The commissioner may issue restricted or limited use certifications to address physical limitations or unique circumstances.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 61-1.3