PRINTER'S NO. 1234

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1093 Session of 1987


        INTRODUCED BY JAROLIN, KOSINSKI, TELEK, PERZEL, YANDRISEVITS,
           MILLER, E. Z. TAYLOR, COLAFELLA, SWEET AND SAURMAN, APRIL 22,
           1987

        REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 22, 1987

                                     AN ACT

     1  Regulating electrical contractors by requiring the licensing
     2     thereof; establishing the State Board of Examiners of
     3     Electrical Contractors and providing for its powers and
     4     duties; establishing licensing requirements; providing for an
     5     examination; providing for enforcement powers of the board,
     6     for certain exemptions and for injunctive relief; providing
     7     penalties; and making an appropriation.

     8                         TABLE OF CONTENTS
     9  Section 1.  Short title.
    10  Section 2.  Definitions.
    11  Section 3.  Board.
    12  Section 4.  Powers and duties of the board.
    13  Section 5.  License requirement.
    14  Section 6.  License without examination.
    15  Section 7.  Issuance of licenses.
    16  Section 8.  Examination.
    17  Section 9.  Terms and renewals of licenses.
    18  Section 10.  Transferability of license.
    19  Section 11.  Enforcement powers.
    20  Section 12.  Reinstatement of license.

     1  Section 13.  Reporting of multiple licensure.
     2  Section 14.  Surrender of suspended or revoked license.
     3  Section 15.  Construction of act.
     4  Section 16.  Exempt work or construction.
     5  Section 17.  Penalties.
     6  Section 18.  Renewals.
     7  Section 19.  Records.
     8  Section 20.  Fees.
     9  Section 21.  Subpoenas.
    10  Section 22.  Unlawful practice.
    11  Section 23.  Appropriation.
    12  Section 24.  Severability.
    13  Section 25.  Effective date.
    14     The General Assembly of the Commonwealth of Pennsylvania
    15  hereby enacts as follows:
    16  Section 1.  Short title.
    17     This act shall be known and may be cited as the Electrical
    18  Contractors' Licensing Act.
    19  Section 2.  Definitions.
    20     The following words and phrases when used in this act shall
    21  have the meanings given to them in this section unless the
    22  context clearly indicates otherwise:
    23     "Board."  The State Board of Examiners of Electrical
    24  Contractors.
    25     "Commissioner."  The Commissioner of Professional and
    26  Occupational Affairs.
    27     "Department."  The Department of State of the Commonwealth.
    28     "Electrical contractor."  A person who engages in, or a
    29  person within a corporation or other business entity who is in
    30  responsible charge for installation, erection, repair or
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     1  altering electrical equipment for the generation, transmission
     2  or utilization of electrical energy.
     3  Section 3.  Board.
     4     (a)  Establishment.--There is hereby established the State
     5  Board of Examiners of Electrical Contractors, a departmental
     6  administrative board within the department.
     7     (b)  Appointment and terms.--The board shall consist of the
     8  commissioner and eight members appointed by the Governor, four
     9  of whom shall be qualified electrical contractors with
    10  experience of not less than ten years as an electrical
    11  contractor, one of whom shall be a qualified electrical
    12  inspector with experience of not less than five years as an
    13  electrical inspector, one of whom shall be a qualified
    14  journeyman employed in the electrical construction industry for
    15  not less than five years and two of whom shall be persons
    16  representing the public at large.
    17     (c)  Terms of office.--The appointed members of the board
    18  shall serve for a three-year term, except as provided in
    19  subsection (d), and shall be appointed by the Governor with the
    20  advice and consent of a majority of the members elected to the
    21  Senate.
    22     (d)  Initial appointments.--Within 90 days of the effective
    23  date of this act, the Governor shall nominate one public member,
    24  an electrical inspector and one electrical contractor to serve
    25  three-year terms; one public member, a journeyman and one
    26  electrical contractor to serve two-year terms; and two
    27  electrical contractors to serve one-year terms.
    28     (e)  Continuation in office.--Each board member shall
    29  continue in office until his successor is duly appointed and
    30  qualified but no longer than six months after the expiration of
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     1  his term. In the event that a board member shall die, resign or
     2  otherwise become disqualified during his term of office, his
     3  successor shall be appointed in the same way and with the same
     4  qualifications and shall hold office for the unexpired portion
     5  of the unexpired term.
     6     (f)  Limit on terms.--No board member shall be eligible for
     7  appointment to serve more than two consecutive three-year terms.
     8     (g)  Forfeiture of membership.--A board member who fails to
     9  attend three consecutive meetings shall forfeit his seat unless
    10  the commissioner, upon written request from the member, finds
    11  that the member should be excused from a meeting because of
    12  illness or the death of a family member.
    13     (h)  Compensation and expenses.--Each member of the board,
    14  except the commissioner, shall receive per diem compensation of
    15  $60 per day when actually attending to the work of the board.
    16  Members shall also receive reasonable traveling, hotel and other
    17  necessary expenses incurred in the performance of their duties
    18  in accordance with Commonwealth regulations.
    19     (i)  Forfeiture for nonattendance.--A public member who fails
    20  to attend two consecutive statutorily mandated training seminars
    21  in accordance with section 813(e) of the act of April 9, 1929
    22  (P.L.177, No.175), known as The Administrative Code of 1929,
    23  shall forfeit his seat unless the commissioner, upon written
    24  request from the public member, finds that the public member
    25  should be excused from a meeting because of illness or the death
    26  of a family member.
    27     (j)  Quorum.--A majority of the members of the board serving
    28  in accordance with law shall constitute a quorum for purposes of
    29  conducting the business of the board. Except for temporary and
    30  automatic suspensions under section 11(d) and (e), a member may
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     1  not be counted as part of a quorum or vote on any issue unless
     2  he is physically in attendance at the meeting.
     3     (k)  Meetings.--The board shall meet at least four times a
     4  year in Harrisburg.
     5     (l)  Notice.--Reasonable notice of all meetings shall be
     6  given in conformity with the act of July 19, 1974 (P.L.486,
     7  No.175), referred to as the Public Agency Open Meeting Law.
     8     (m)  Operating procedures.--The board shall meet within 30
     9  days after the appointment of its initial members and set up
    10  operating procedures and an application form for licensing
    11  electrical contractors. It shall be the responsibility of the
    12  board to circulate these forms and educate the public concerning
    13  the requirements of licensing.
    14     (n)  Organization.--The board shall annually elect, from
    15  among its members, a chairman and a secretary.
    16  Section 4.  Powers and duties of the board.
    17     The board shall have the following powers:
    18         (1)  To pass upon the qualifications and fitness of
    19     applicants for licenses and reciprocal licenses and to adopt
    20     and revise rules and regulations requiring applicants to pass
    21     examinations relating to their qualifications as a
    22     prerequisite to the issuance of a license.
    23         (2)  To adopt, and, from time to time, revise rules and
    24     regulations to administer and enforce this act.
    25         (3)  To examine for, deny, approve, issue, revoke,
    26     suspend or renew licenses of electrical contractors under
    27     this act and to conduct hearings in connection therewith.
    28         (4)  To conduct hearings upon complaints concerning
    29     violations of this act and the rules and regulations adopted
    30     under this act and seek the prosecution and enjoinder of all
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     1     violations.
     2         (5)  To expend moneys necessary to the proper carrying
     3     out of its assigned duties.
     4         (6)  To keep a record of its proceedings and a register
     5     of all applications and to prescribe the form of such
     6     register.
     7         (7)  To submit annually a report to the Professional
     8     Licensure Committee of the House of Representatives and the
     9     Consumer Protection and Professional Licensure Committee of
    10     the Senate containing a description of the types of
    11     complaints received, status of the cases, board action which
    12     has been taken and length of time from the initial complaint
    13     to final board resolution.
    14         (8)  To submit annually to the House and Senate
    15     Appropriations Committees, 15 days after the Governor has
    16     submitted his budget to the General Assembly, a copy of the
    17     budget request for the upcoming fiscal year which the board
    18     previously submitted to the Department of State.
    19  Section 5.  License requirement.
    20     (a)  General rule.--
    21         (1)  On and after the effective date of this act, it
    22     shall be unlawful for any person to engage in or work in
    23     business as an electrical contractor, unless he has secured a
    24     license from the board in accordance with this act, and the
    25     licensee shall assume full responsibility for the supervision
    26     of correctness for all electrical work to be performed by any
    27     employee in compliance with recognized safety standards.
    28         (2)  Any single act or transaction shall constitute
    29     engaging in the business of electrical contracting within the
    30     meaning of this act.
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     1     (b)  Examination.--
     2         (1)  Except as otherwise provided in section 10, no
     3     person shall be granted an electrical contractor's license
     4     unless he shall first establish his qualifications therefor
     5     and shall take and pass the examination for electrical
     6     contractors. An applicant for the examination shall have been
     7     employed or engaged in the business of electrical
     8     construction and installation or have equivalent practical
     9     experience for a period of not less than five years preceding
    10     the time of the application or shall otherwise establish to
    11     the satisfaction of the board that the applicant has the
    12     necessary educational background and experience to qualify to
    13     take the examination for a license.
    14         (2)  The examination shall be so designed as to establish
    15     the competence and qualification of the applicant to perform
    16     and supervise the various phases of electrical contracting
    17     work. Any applicant who shall fail to pass the examination
    18     shall not be eligible to retake an examination until six
    19     months from the date of the failure.
    20     (c)  Application.--An applicant for an examination for a
    21  license shall apply to the board for permission to take the
    22  examination upon forms provided by the board and shall provide
    23  the board with such information as shall be necessary to
    24  establish his qualifications to take the examination.
    25  Section 6.  License without examination.
    26     Upon payment of the prescribed fee, any person who has been
    27  employed or engaged in the business of electrical contracting
    28  within this Commonwealth for a period of at least six years
    29  prior to the effective date of this act and whose principal
    30  business for at least two years immediately preceding the making
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     1  of application, as herein provided, has been that of electrical
     2  contractor shall be granted a license without examination,
     3  provided that application is made to the board on or before one
     4  year of the effective date of this act and satisfactory proof is
     5  presented to the board of the applicant's fitness to engage in
     6  the business. The application shall consist of a sworn
     7  statement:
     8         (1)  Describing the experience of the applicant in the
     9     electrical contracting business.
    10         (2)  Listing representative electrical contracts
    11     performed by the applicant.
    12         (3)  Containing other information as may be required by
    13     the board.
    14  Section 7.  Issuance of licenses.
    15     The board shall receive all applications for licenses filed
    16  by persons seeking to enter upon or continue in electrical
    17  contracting business within this Commonwealth and determined to
    18  be qualified under the provisions of this act.
    19  Section 8.  Examination.
    20     The board shall give the examination to all persons who,
    21  under the provisions of this act, are required to take such
    22  examinations. The scope of the examination shall cover such
    23  matters as the provisions of nationally recognized electrical
    24  installation safety standards and the theoretical and practical
    25  application of the same encountered in electrical work. It shall
    26  hold a minimum of two examinations each year at such times and
    27  places within this Commonwealth as the board shall designate.
    28  Public notice shall be given of the time and place of all
    29  examinations. In the conduct of the examination, the board shall
    30  prescribe a standard form which may be revised from time to time
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     1  as circumstances require. The examinations shall give ample
     2  opportunity for all applicants to be thoroughly and carefully
     3  examined, may be written or practical, or both, and shall be
     4  supervised by three or more of the examiners, but no license
     5  shall be granted except by the board.
     6  Section 9.  Terms and renewals of licenses.
     7     (a)  Application.--A person seeking issuance or renewal of
     8  any license shall file with the board an application, in
     9  writing, upon forms prescribed by the board, containing such
    10  information as the board shall require to maintain the register
    11  provided for in section 8 and to establish the qualifications of
    12  the applicant. The application shall be signed and sworn to by
    13  the applicant and shall be accompanied by the proper fee.
    14     (b)  Illness or death of licensee.--No person shall be denied
    15  the privilege of continuing business as an electrical contractor
    16  in the event of death, illness or other physical disability of
    17  the representative thereof who qualified the person for a
    18  business permit for at least six months following the date of
    19  such death, illness or other physical disability, provided that
    20  the business is conducted under such qualified supervision as
    21  the board deems adequate.
    22  Section 10.  Transferability of license.
    23     No license issued under this act shall be assigned or
    24  transferable.
    25  Section 11.  Enforcement powers.
    26     (a)  General rule.--The board may refuse, suspend, revoke,
    27  limit or restrict a license or reprimand a licensee if the
    28  licensee has:
    29         (1)  Secured a license by misrepresentation.
    30         (2)  Failed to maintain the qualifications required by
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     1     this act or demonstrated a level of competence manifestly
     2     inconsistent with retention of the license in question.
     3         (3)  Engaged in fraudulent business activities or in
     4     misleading advertising practices.
     5         (4)  Violated any provision of this act.
     6         (5)  Committed an act of gross negligence or condoned
     7     such an act by his employee.
     8         (6)  Failed to adequately and properly supervise
     9     employees in compliance with recognized safety standards.
    10         (7)  Failed to secure inspection of electrical
    11     construction by an inspection authority as provided by law.
    12         (8)  Failed to perform electrical construction in
    13     conformance with standards of the National Electrical Code
    14     then in effect and the standards, if any, of the municipality
    15     wherein the work is performed.
    16         (9)  Been convicted of a felony or a crime of moral
    17     turpitude in any state or Federal court, or been convicted of
    18     the equivalent of a felony in any foreign country, territory
    19     or possession. As used in this paragraph, the term
    20     "convicted" includes a finding or verdict of guilt, an
    21     admission of guilt or a plea of nolo contendere, or receiving
    22     probation without verdict, disposition in lieu of trial, or
    23     an accelerated rehabilitative disposition in the disposition
    24     of felony charges.
    25     (b)  Board action.--When the board finds that the license or
    26  application for license of any person may be refused, revoked,
    27  restricted or suspended under the terms of subsection (a), the
    28  board may:
    29         (1)  Deny the application for a license.
    30         (2)  Administer a public reprimand.
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     1         (3)  Revoke, suspend, limit or otherwise restrict a
     2     license as determined by the board.
     3         (4)  Suspend enforcement of its findings thereof and
     4     place a licensee on probation with the right to vacate the
     5     probationary order for noncompliance.
     6         (5)  Restore a suspended license to practice electrical
     7     contracting and impose any disciplinary or corrective measure
     8     which it might originally have imposed.
     9     (c)  Hearing.--All actions of the board shall be taken
    10  subject to the right of notice, hearing and adjudication and the
    11  right of appeal therefrom in accordance with Title 2 of the
    12  Pennsylvania Consolidated Statutes (relating to administrative
    13  law and procedure).
    14     (d)  Temporary suspension.--The board shall temporarily
    15  suspend a license under circumstances as determined by the board
    16  to be an immediate and clear danger to the public health and
    17  safety. The board shall issue an order to that effect without a
    18  hearing, but upon due notice to the licensee concerned at his
    19  last known address, which shall include a written statement of
    20  all allegations against the licensee. The provisions of
    21  subsection (c) shall not apply to temporary suspension. The
    22  board shall thereupon commence formal action to suspend, revoke
    23  or restrict the license of the person concerned as otherwise
    24  provided for in this act. All actions shall be taken promptly
    25  and without delay. Within 30 days following the issuance of an
    26  order temporarily suspending a license, the board shall conduct,
    27  or cause to be conducted, a preliminary hearing to determine
    28  that there is a prima facie case supporting the suspension. The
    29  licensee whose license has been temporarily suspended may be
    30  present at the preliminary hearing and may be represented by
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     1  counsel, cross-examine witnesses, inspect physical evidence,
     2  call witnesses, offer evidence and testimony and make a record
     3  of the proceedings. If it is determined that there is not a
     4  prima facie case, the suspended license shall be immediately
     5  restored. The temporary suspension shall remain in effect until
     6  vacated by the board, but in no event longer than 180 days.
     7     (e)  Automatic suspension.--A license issued under this act
     8  shall automatically be suspended upon the legal commitment of a
     9  licensee to an institution because of mental incompetence from
    10  any cause upon filing with the board of a certified copy of such
    11  commitment, conviction of a felony under the act of April 14,
    12  1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
    13  Device and Cosmetic Act, or conviction of an offense under the
    14  laws of another jurisdiction, which, if committed in this
    15  Commonwealth, would be a felony under The Controlled Substance,
    16  Drug, Device and Cosmetic Act. As used in this section the term
    17  "conviction" shall include a judgment, an admission of guilt or
    18  a plea of nolo contendere. Automatic suspension under this
    19  section shall not be stayed pending an appeal or conviction.
    20  Restoration of such license shall be made as provided in this
    21  act for revocation or suspension of such license.
    22  Section 12.  Reinstatement of license.
    23     Unless ordered to do so by Commonwealth Court or an appeal
    24  therefrom, the board shall not reinstate the license of a person
    25  to practice as an electrical contractor pursuant to this act
    26  which has been revoked. Any person whose license has been
    27  revoked may apply for reinstatement, after a period of at least
    28  five years, but must meet all of the licensing qualifications of
    29  this act, including the examination requirement, if he or she
    30  desires to practice as an electrical contractor pursuant to this
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     1  act at any time after such revocation.
     2  Section 13.  Reporting of multiple licensure.
     3     Any licensed electrical contractor of this Commonwealth who
     4  is also licensed to practice as an electrical contractor in any
     5  other state, territory or country shall report this information
     6  to the board on the biennial renewal application. Any
     7  disciplinary action taken in any other state, territory, or
     8  country shall be reported to the board on the biennial renewal
     9  application, or within 90 days of disposition, whichever is
    10  sooner. Multiple licensure shall be noted by the board on the
    11  licensed electrical contractor's record and such state,
    12  territory, or country shall be notified by the board of any
    13  disciplinary actions taken against said licensed electrical
    14  contractor in this Commonwealth.
    15  Section 14.  Surrender of suspended or revoked license.
    16     The board shall require a person whose license or
    17  registration has been suspended or revoked, to return the
    18  license or registration in such manner as the board directs.
    19  Failure to do so shall be a misdemeanor of the third degree.
    20  Section 15.  Construction of act.
    21     (a)  Municipal ordinances preserved.--This act shall not be
    22  construed to deny to any municipality the power to inspect
    23  electrical work or equipment or the power to regulate the
    24  standards and manner in which electrical work shall be done but
    25  no municipality shall require any business permit holder or
    26  electrical contractor licensed under this act to obtain a
    27  municipal license to engage in the business of electrical
    28  contracting in the municipality.
    29     (b)  Failure to comply with local ordinance.--Any licensee
    30  who willfully fails to comply with any municipal ordinance
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     1  concerning section 16(a) shall be deemed to be not in compliance
     2  with this act and may be subject to the sanctions provided in
     3  section 11.
     4  Section 16.  Exempt work or construction.
     5     (a)  Exemptions enumerated.--Electrical work or construction
     6  which is performed on the following facilities or which is by or
     7  for the following agencies shall not be included within the
     8  business of electrical contracting under this act:
     9         (1)  Minor repair work such as the replacement of lamps
    10     and fuses.
    11         (2)  The connection of portable electrical appliances to
    12     suitable permanently installed receptacles.
    13         (3)  The testing, servicing or repairing of electrical
    14     equipment or apparatus.
    15         (4)  Electrical work in mines or on ships, railway cars,
    16     elevators, escalators or automotive equipment.
    17         (5)  Municipal plants or any public utility as defined in
    18     Title 66 of the Pennsylvania Consolidated Statutes (relating
    19     to public utilities) organized for the purpose of
    20     constructing, maintaining and operating works for the
    21     generation, supplying, transmission and distribution of
    22     electricity.
    23         (6)  A public utility subject to regulation, supervision
    24     or control by a Federal regulatory body, or a public utility
    25     operating under the laws of this Commonwealth, and engaged in
    26     the furnishing of communication or signal service, or both,
    27     to a public utility, or to the public, as an integral part of
    28     a communication or signal system, and any agency associated
    29     or affiliated with any public utility or engaged in research
    30     and development in the communications field.
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     1         (7)  A railway utility in the exercise of its functions
     2     as a utility and located in or on buildings or premises used
     3     exclusively by the utility.
     4         (8)  Commercial radio and television transmission
     5     equipment.
     6         (9)  Construction by any branch of the Federal
     7     Government.
     8         (10)  Any work with a load potential not regulated by the
     9     National Electrical Code.
    10         (11)  Repair, manufacturing and maintenance work on
    11     premises occupied by a firm or corporation, and installation
    12     work on premises occupied by a firm or corporation and
    13     performed by a regular employee who is a qualified journeyman
    14     electrician.
    15         (12)  Installation, repair or maintenance performed by
    16     regular employees of the Commonwealth, or of a political
    17     subdivision or municipal authority, on the premises or
    18     property owned or occupied by the Commonwealth, political
    19     subdivision or authority.
    20         (13)  The maintaining, installing or connecting of
    21     automatic oil, gas or coal burning equipment or gasoline or
    22     diesel oil dispensing equipment, and the lighting in
    23     connection therewith, to a supply of adequate size at the
    24     load side of the distribution board.
    25         (14)  Work performed by a person on a building that is
    26     owner-occupied solely as a residence for himself, but limited
    27     to one single family, or for a member or members of his
    28     immediate family.
    29     (b)  Other exemptions.--The board may also exempt from this
    30  act any other electrical activities of like character which in
    19870H1093B1234                 - 15 -

     1  the board's opinion warrant such exclusion.
     2  Section 17.  Penalties.
     3     (a)  Criminal penalty.--Any person who engages in the
     4  business of electrical contracting without having a valid
     5  license under this act commits a misdemeanor of the third degree
     6  and shall, upon conviction, be sentenced to pay a fine of up to
     7  $1,000 or to imprisonment for not more than 90 days, or both.
     8     (b)  Civil penalty.--In addition to any other civil remedy or
     9  criminal penalty provided for in this act, the board, by a vote
    10  of the majority of the maximum number of the authorized
    11  membership of the board as provided by law, or by a vote of the
    12  majority of the duly qualified and confirmed membership or a
    13  minimum of four members, whichever is greater, may levy a civil
    14  penalty of up to $1,000 on any current licensee who violates any
    15  provision of this act or on any person who holds himself out as
    16  a licensed electrical contractor without being properly licensed
    17  to do so under this act. The board shall levy this penalty only
    18  after affording the accused party the opportunity for a hearing,
    19  as provided by Title 2 of the Pennsylvania Consolidated Statutes
    20  (relating to administrative law and procedure).
    21     (c)  Disposition.--All fines and civil penalties imposed
    22  under this section shall be paid into the Professional Licensure
    23  Augmentation Account.
    24  Section 18.  Renewals.
    25     Renewal of license shall be on a biennial basis.
    26  Section 19.  Records.
    27     A record of all persons licensed as electrical contractors in
    28  Pennsylvania shall be kept in the office of the board and shall
    29  be open to public inspection and copying upon payment of a
    30  nominal fee for copying the record.
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     1  Section 20.  Fees.
     2         (1)  All fees required under this act shall be fixed by
     3     the board by regulation and shall be subject to the act of
     4     June 25, 1982 (P.L.633, No.181), known as the Regulatory
     5     Review Act. If the revenues raised by fees, fines and civil
     6     penalties imposed under this act are not sufficient to meet
     7     expenditures over a two-year period, the board shall increase
     8     its fees by regulation so that the projected revenues will
     9     meet or exceed projected expenditures.
    10         (2)  If the Bureau of Professional and Occupational
    11     Affairs determines that the fees established by the board
    12     under paragraph (1) are inadequate to meet the minimum
    13     enforcement efforts required by this act, then the bureau,
    14     after consultation with the board and subject to the
    15     Regulatory Review Act, shall increase the fees by regulation
    16     to an amount that will produce adequate revenues to meet the
    17     required enforcement effort.
    18  Section 21.  Subpoenas.
    19     (a)  Power to issue.--The board shall have the authority to
    20  issue subpoenas, upon application of an attorney responsible for
    21  representing the Commonwealth in disciplinary matters before the
    22  board, for the purpose of investigating alleged violations of
    23  the disciplinary provisions administered by the board. The board
    24  shall have the power to subpoena witnesses, to administer oaths,
    25  to examine witnesses, and to take such testimony or compel the
    26  production of such books, records, papers, and documents as it
    27  may deem necessary or proper in, and pertinent to, any
    28  proceeding, investigation, or hearing, held or had by it. Client
    29  records may not be subpoenaed without consent of the client or
    30  without order of a court of competent jurisdiction on a showing
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     1  that the records are reasonably necessary for the conduct of the
     2  investigation. The court may impose such limitations on the
     3  scope of the subpoena as are necessary to prevent unnecessary
     4  intrusion into client confidential information. The board is
     5  authorized to apply to Commonwealth Court to enforce its
     6  subpoenas.
     7     (b)  Notification of board.--An attorney responsible for
     8  representing the Commonwealth in disciplinary matters before the
     9  board shall notify the board immediately upon receiving
    10  notification of an alleged violation of this act. The board
    11  shall maintain current records of all reports of alleged
    12  violations and periodically review the records for the purpose
    13  of determining that each alleged violation has been resolved in
    14  a timely manner.
    15  Section 22.  Unlawful practice.
    16     (a)  Unlawful practice prohibited.--It shall be unlawful for
    17  any person to practice as an electrical contractor without
    18  having, at the time of so doing, a valid, unexpired, unrevoked
    19  and unsuspended license issued under this act.
    20     (b)  Injunction.--The unlawful holding of oneself out as a
    21  licensed electrical contractor may be enjoined by the courts on
    22  petition of the board or the commissioner. In any such
    23  proceeding it shall not be necessary to show that any person is
    24  individually injured by the actions complained of. If the
    25  respondent is found guilty of the unlawful holding of oneself
    26  out as a licensed electrical contractor, the court shall enjoin
    27  him from so holding himself out unless and until he has been
    28  duly licensed. Procedure in such cases shall be the same as in
    29  any other injunction suit. The remedy by injunction hereby given
    30  is in addition to any other civil or criminal prosecution and
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     1  punishment.
     2  Section 23.  Appropriation.
     3     The sum of $85,000, or as much thereof as may be necessary,
     4  is hereby appropriated from the Professional Licensure
     5  Augmentation Account within the General Fund to the Bureau of
     6  Professional and Occupational Affairs in the Department of State
     7  for the payment of costs of processing licenses and renewals,
     8  for the operation of the board and for other general costs of
     9  the bureau operations relating to this act. The appropriation
    10  granted shall be repaid by the board within three years of the
    11  beginning of issuance of licenses by the board.
    12  Section 24.  Severability.
    13     The provisions of this act are severable. If any provision of
    14  this act or its application to any person or circumstance is
    15  held invalid, the invalidity shall not affect other provisions
    16  or applications of this act which can be given effect without
    17  the invalid provision or application.
    18  Section 25.  Effective date.
    19     This act shall take effect as follows:
    20         (1)  Section 5(a) shall take effect 18 months after the
    21     effective date of this act.
    22         (2)  The remainder of this act shall take effect in 60
    23     days.





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