PRINTER'S NO. 125
No. 116 Session of 1997
INTRODUCED BY GODSHALL, NAILOR, WAUGH, BATTISTO, BOSCOLA,
GLADECK, D. W. SNYDER, HERSHEY, WOGAN, CURRY, BUNT,
E. Z. TAYLOR, RAMOS, KENNEY, TRAVAGLIO, STABACK, RUBLEY,
STERN, SURRA, ROBERTS, FICHTER, KELLER, L. I. COHEN AND
BELFANTI, JANUARY 29, 1997
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
JANUARY 29, 1997
AN ACT
1 Regulating the licensure of electrical contractors; creating the
2 State Board of Examiners of Electrical Contractors and
3 providing for its powers and duties; providing penalties; and
4 making an appropriation.
5 TABLE OF CONTENTS
6 Section 1. Short title.
7 Section 2. Definitions.
8 Section 3. State Board of Examiners of Electrical Contractors.
9 Section 4. Powers and functions of board.
10 Section 5. License required.
11 Section 6. Qualifications for license.
12 Section 7. Apprenticeship permit.
13 Section 8. Examination required.
14 Section 9. Reciprocity.
15 Section 10. Continuing education.
16 Section 11. Refusal, suspension and revocation of license.
17 Section 12. Reinstatement of license.
1 Section 13. Reporting of multiple licensure.
2 Section 14. Surrender of suspended or revoked license.
3 Section 15. Death or disability of State-licensed electrical
4 contractor.
5 Section 16. Transferability of license.
6 Section 17. Powers of municipalities.
7 Section 18. Local rulemaking.
8 Section 19. License renewal; records and fees.
9 Section 20. Subpoenas.
10 Section 21. Unlawful practice.
11 Section 22. Penalties.
12 Section 23. Exemption.
13 Section 24. Appropriation.
14 Section 25. Severability.
15 Section 26. Effective date.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Short title.
19 This act shall be known and may be cited as the Electrical
20 Contractors Licensing Act.
21 Section 2. Definitions.
22 The following words and phrases when used in this act shall
23 have the meanings given to them in this section unless the
24 context clearly indicates otherwise.
25 "Board." The State Board of Examiners of Electrical
26 Contractors under the Bureau of Professional and Occupational
27 Affairs within the Department of State.
28 "Board-approved program." A program of educational
29 preparation and training in electrical contracting services
30 approved by the Department of Labor and Industry.
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1 "Commissioner." The Commissioner of Professional and
2 Occupational Affairs.
3 "Electrical contractor." A person who engages in the
4 business of contracting to install, erect, repair or alter
5 electrical equipment for the generation, transmission or
6 utilization of electrical energy.
7 "Employ, employed, employee, employment." The words as used
8 in this act shall apply to the relationship of independent
9 contractor as well as to the relationship of employment.
10 "Journeyman electrician." An individual employed by an
11 electrical contractor to perform electrical construction and
12 installation services.
13 "Person." A natural person, firm, corporation or other legal
14 entity.
15 "Practice of electrical contracting." Holding oneself out to
16 the public by any title or description of services incorporating
17 the term "licensed electrical contractor" or using any words or
18 symbols indicating or tending to indicate that the person is a
19 licensed electrical contractor and, under such description,
20 offering to contract or contracting to install, erect, repair or
21 alter electrical equipment for the generation, transmission or
22 utilization of electrical energy.
23 "Registered apprentice." A State-licensed individual
24 employed by an electrical contractor who meets the requirements
25 of this act to be issued an apprenticeship permit.
26 "State-licensed electrical contractor." An electrical
27 contractor who holds a current license under this act who
28 engages in the practice of electrical contracting.
29 "State-licensed journeyman electrician." An individual
30 employed by a State-licensed electrical contractor who holds a
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1 current license under this act to perform electrical
2 construction and installation services.
3 Section 3. State Board of Examiners of Electrical Contractors.
4 (a) Creation.--There is hereby created the State Board of
5 Examiners of Electrical Contractors, a departmental
6 administrative board in the Department of State. The board shall
7 consist of 11 members who are citizens of the United States and
8 who have been residents of this Commonwealth for a two-year
9 period, two of whom shall be public members, six of whom shall
10 be qualified electrical contractors with experience of not less
11 than ten years as an electrical contractor, one of whom shall be
12 a qualified electrical inspector with experience of not less
13 than five years as an electrical inspector, one of whom shall be
14 the Commissioner of the Bureau of Professional and Occupational
15 Affairs, and one of whom shall be the Director of the Bureau of
16 Consumer Protection in the Office of Attorney General, or his
17 designee. Three of the electrical contractor members shall be
18 signatories to collective bargaining agreements and the
19 remaining three shall be nonsignatories.
20 (b) Terms of office.--The members shall serve for four-year
21 terms, except as provided in subsection (c), and shall be
22 appointed by the Governor and with the advice and consent of a
23 majority of the members elected to the Senate.
24 (c) Initial appointments.--Within 90 days of the effective
25 date of this act, the Governor shall nominate two electrical
26 contractors and one public member to serve four-year terms; two
27 electrical contractors and one electrical inspector to serve
28 three-year terms; and two electrical contractors and one public
29 member to serve two-year terms.
30 (d) Continuation in office.--Each board member shall
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1 continue in office until a successor is duly appointed and
2 qualified but no longer than six months after the expiration of
3 the term. In the event that a board member dies, resigns or
4 otherwise becomes disqualified during the term of office, a
5 successor shall be appointed in the same way and with the same
6 qualifications as set forth in this section and shall hold
7 office for the unexpired portion of the unexpired term.
8 (e) Limit on terms.--No board member shall be eligible for
9 appointment to serve more than two consecutive four-year terms.
10 (f) Forfeiture of membership.--A board member who fails to
11 attend three consecutive meetings shall forfeit his or her seat
12 unless the commissioner, upon written request from the member,
13 finds that the member shall be excused from a meeting because of
14 illness or the death of a family member.
15 (g) Compensation.--Each member of the board, except the
16 commissioner, and the Director of the Bureau of Consumer
17 Protection, shall receive $60 per diem when actually attending
18 to the work of the board. Members shall also receive reasonable
19 traveling, hotel and other necessary expenses incurred in the
20 performance of their duties in accordance with Commonwealth
21 regulations.
22 (h) Forfeiture for nonattendance.--A public member who fails
23 to attend two consecutive statutorily mandated training seminars
24 in accordance with section 813(e) of the act of April 9, 1929
25 (P.L.177, No.175), known as The Administrative Code of 1929,
26 shall forfeit his or her seat unless the commissioner, upon
27 written request from the public member, finds that the public
28 member should be excused from a meeting because of illness or
29 the death of a family member.
30 (i) Quorum.--A majority of the members serving in accordance
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1 with law shall constitute a quorum for purposes of conducting
2 the business of the board. Except for temporary and automatic
3 suspensions, a member may not be counted as part of a quorum or
4 vote on any issue unless he or she is physically in attendance
5 at the meeting.
6 (j) Meetings.--The board shall meet at least four times a
7 year in Harrisburg.
8 (k) Notice.--Reasonable notice of all meetings shall be
9 given in conformity with the act of July 3, 1986 (P.L.388,
10 No.84), known as the Sunshine Act.
11 (l) Operating procedures.--The board shall meet within 30
12 days after the appointment of initial members and set up
13 operating procedures and application forms for licensing
14 electrical contractors and journeyman electricians, and for
15 issuing registration permits to apprentices. It shall be the
16 responsibility of the board to circulate these forms and educate
17 the public to the requirements of licensing in order to hold
18 oneself out as a State-licensed electrical contractor within
19 this Commonwealth.
20 Section 4. Powers and functions of board.
21 The board shall have the following powers:
22 (1) To pass upon the qualifications and fitness of
23 applicants for licenses and reciprocal licenses and to adopt
24 and revise rules and regulations requiring applicants to pass
25 examinations relating to their qualifications as a
26 prerequisite to the issuance of a license.
27 (2) To adopt and, from time to time, revise those rules
28 and regulations as may be necessary to carry into effect
29 provisions of this act. The regulations shall include, but
30 shall not be limited to, standards of professional practice
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1 and conduct for licenses and registrations issued under this
2 act.
3 (3) To examine for, deny, approve, issue, revoke,
4 suspend or renew licenses and registrations authorized
5 pursuant to this act and to conduct hearings in connection
6 therewith.
7 (4) To conduct hearings upon complaints concerning
8 violations of this act and the rules and regulations adopted
9 pursuant to this act and seek the prosecution and enjoinder
10 of all such violations.
11 (5) To expend moneys necessary to the proper carrying
12 out of its assigned duties.
13 (6) To waive examination and grant a license in cases
14 deemed exceptional by the board and in accordance with
15 regulations promulgated by the board.
16 (7) To submit annually a report, to the Consumer
17 Protection and Professional Licensure Committee of the Senate
18 and the Professional Licensure Committee of the House of
19 Representatives, containing a description of the complaints
20 received, status of the cases, board action which has been
21 taken and length of time from the initial complaint to final
22 board resolution.
23 (8) To submit annually to the Appropriation Committee of
24 the Senate and the Appropriation Committee of the House of
25 Representatives, 15 days after the Governor has submitted his
26 budget to the General Assembly, a copy of the budget request
27 for the upcoming fiscal year which the board previously
28 submitted to the Department of State.
29 Section 5. License required.
30 It shall be unlawful for any person to hold himself or
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1 herself forth as a State-licensed electrical contractor unless
2 he or she shall first have obtained a license in accordance with
3 this act. The licensee shall assume full responsibility for
4 inspection and supervision of all electrical work to be
5 performed in accordance with recognized safety standards adopted
6 by regulation of the board.
7 Section 6. Qualifications for license.
8 (a) Electrical contractor's license.--No person shall be
9 granted an electrical contractor's license under this act or
10 hold himself or herself out as a State-licensed electrical
11 contractor unless he or she submits proof satisfactory to the
12 board of the following:
13 (1) He or she is of good moral character.
14 (2) He or she has been employed or engaged in the
15 business of electrical construction and installation or has
16 equivalent practical experience for a period of not less than
17 five years preceding the time of the application, or shall
18 otherwise demonstrate, pursuant to regulations of the board,
19 a combination of education and experience, which may include
20 the acquisition of a journeyman electrician's license, which
21 qualifies him or her to take the examination for a license.
22 (3) Payment of the appropriate fees.
23 (4) Passage of the required examination.
24 (b) Journeyman electrician license.--An employee of a State-
25 licensed electrical contractor who performs and supervises
26 electrical construction and installation services and who does
27 not qualify to take the examination required under subsection
28 (a) shall apply to the board for a license as a journeyman
29 electrician. An individual may be granted a license as a
30 journeyman electrician if he or she submits proof satisfactory
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1 to the board of the following:
2 (1) Good moral character.
3 (2) The completion of a board-approved program or at
4 least four years' practical experience acceptable to the
5 board as a registered apprentice which qualifies him or her
6 to take the examination.
7 (3) Payment of the appropriate fees.
8 (4) Passage of the required examination.
9 Section 7. Apprenticeship permit.
10 (a) Permit required.--An individual employed by a State-
11 licensed electrical contractor who does not qualify for the
12 journeyman license shall register with the board and obtain the
13 apprenticeship permit. An apprenticeship permit authorizes the
14 holder to assist a State-licensed electrical contractor or
15 State-licensed journeyman electrician for purposes of training
16 and instruction.
17 (b) Requirement for permit.--State-licensed electrical
18 contractors shall submit annually to the board a report listing
19 the name, address, Social Security number and period of
20 employment of all apprentices in their employ. Work performed by
21 the holder of an apprenticeship permit shall be performed only
22 under the direct, onsite supervision of a State-licensed
23 electrical contractor or State-licensed journeyman electrician.
24 Application shall be made within 30 days of employment to
25 perform electrical work.
26 (c) Renewal and education.--Apprentices registered with the
27 board may enroll in a board-approved program of instruction.
28 Permits shall be renewed annually upon payment of the required
29 fee. State-licensed electrical contractors shall document,
30 pursuant to board regulations, that registered apprentices in
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1 their employ receive instruction in current requirements of the
2 National Electrical Code.
3 Section 8. Examination required.
4 (a) General rule.--The board may require an applicant for a
5 license to take and pass an examination to the satisfaction of
6 the board. The board shall contract with a professional testing
7 service for the preparation, development, administration and
8 grading of the examination. Written, oral and practical
9 examinations shall be prepared and administered by a qualified
10 and approved professional testing organization in the manner
11 prescribed under section 812.1 of the act of April 9, 1929
12 (P.L.177, No.175), known as The Administrative Code of 1929.
13 (b) Exemption from examination.--The requirements of
14 subsection (a) shall not apply and a license shall be issued
15 without examination to an individual who submits an application
16 for license, accompanied by the required fee, within two years
17 of the effective date of this act, who is a resident of this
18 Commonwealth, who submits proof of being employed or engaged in
19 the business of electrical contracting within this Commonwealth
20 for a period of at least six years prior to the effective date
21 of this act and who demonstrates, to the satisfaction of the
22 board, that his or her principal business or employment, for at
23 least two years immediately preceding the date of application,
24 was that of an electrical contractor or a journeyman
25 electrician.
26 Section 9. Reciprocity.
27 The board shall have the power to grant a reciprocal license
28 to an applicant who is licensed or certified as an electrical
29 contractor or journeyman electrician in another state and who
30 demonstrates qualifications which equal or exceed those required
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1 pursuant to this act in the determination of the board, provided
2 that no license shall be granted under this section to an
3 applicant unless the state in which the applicant is licensed
4 affords reciprocal treatment to persons who are residents of
5 this Commonwealth and who are licensed pursuant to this act.
6 Section 10. Continuing education.
7 The board may promulgate regulations establishing continuing
8 education to be met by individuals seeking to renew licenses
9 issued under this act. State-licensed electrical contractors and
10 State-licensed journeymen electricians shall, during the two-
11 year period immediately preceding biennial renewal of licenses
12 issued under this act, complete a program of continuing
13 education in the requirements of the National Electrical Code,
14 as defined by and acceptable to the board, except that no credit
15 may be given for courses in office management or practice
16 building.
17 Section 11. Refusal, suspension and revocation of license.
18 (a) Grounds.--The board may refuse, suspend, revoke, limit
19 or restrict a license or issue a public reprimand for any of the
20 following:
21 (1) Securing a license by fraud, deceit or
22 misrepresentation.
23 (2) Being unfit or unable to engage in electrical
24 contracting by reason of illness, drunkenness, excessive use
25 of drugs, narcotics, chemicals or any other type of material,
26 or as a result of any mental or physical condition. In
27 enforcing this paragraph, the board shall, upon probable
28 cause, have authority to compel a licensee to submit to a
29 mental or physical examination by a physician approved by the
30 board. Failure to submit to such examination when directed by
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1 the board, unless such failure is due to circumstances beyond
2 the control of the licensee, shall constitute an admission of
3 the allegations against him, consequent upon which a default
4 and final order may be entered without the taking of
5 testimony or presentation of evidence. A licensee affected
6 under this paragraph shall at reasonable intervals, as
7 determined by the board, be afforded an opportunity to
8 demonstrate that he or she can resume the competent practice
9 of electrical contracting with reasonable skill and safety.
10 (3) Engaging in false, deceptive or fraudulent business
11 activities or in misleading advertising.
12 (4) Violating a provision of this act or regulations of
13 the board.
14 (5) Committing an act of negligence or incompetence or
15 authorizing such an act by an employee.
16 (6) Failing to properly supervise employees in
17 accordance with this act and with recognized electrical
18 safety standards of the National Electrical Code in effect at
19 the time an act is committed, or authorizing an unlicensed
20 individual to assume responsibility for supervisory work.
21 (7) Failing to secure an inspection of electrical
22 construction as required by law.
23 (8) Failing to perform electrical construction in
24 conformance with standards in effect in the municipality
25 wherein the services were performed or, in the absence of
26 such standards, in conformance with standards of the National
27 Electrical Code.
28 (9) Failing to comply with a municipal ordinance
29 concerning the inspection of electrical work and services, or
30 the manner in which the municipality requires electrical work
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1 to be performed.
2 (10) Being convicted of a felony in the courts of any
3 jurisdiction, or being convicted of a misdemeanor related to
4 electrical contracting in any jurisdiction. As used in this
5 section, the term "convicted" includes a finding or verdict
6 of guilt, an admission of guilt or a plea of nolo contendere,
7 or receiving probation without verdict, disposition in lieu
8 of trial or an accelerated rehabilitative disposition in the
9 disposition of felony charges.
10 (11) Having a license to perform electrical contracting
11 or electrical construction services suspended, revoked or
12 refused or receiving other disciplinary action by the proper
13 licensing authority of any other state, territory, possession
14 or country.
15 (b) Board action.--When the board finds that the license or
16 application for license of any person may be refused, revoked,
17 restricted or suspended under the terms of subsection (a), the
18 board may:
19 (1) Deny the application for a license.
20 (2) Administer a public reprimand.
21 (3) Revoke, suspend, limit or otherwise restrict a
22 license as determined by the board.
23 (4) Suspend enforcement of its findings thereof and
24 place a licensee on probation with the right to vacate the
25 probationary order for noncompliance.
26 (5) Restore a suspended license and impose any
27 disciplinary or corrective measure which it might originally
28 have imposed.
29 (c) Hearing.--All actions of the board shall be taken
30 subject to the right of notice, hearing and adjudication and the
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1 right of appeal therefrom in accordance with 2 Pa.C.S. (relating
2 to administrative law and procedure).
3 (d) Temporary suspension.--The board shall temporarily
4 suspend a license under circumstances as determined by the board
5 to be an immediate and clear danger to the public health and
6 safety. The board shall issue an order to that effect without a
7 hearing, but upon due notice to the licensee concerned at his or
8 her last known address, which shall include a written statement
9 of all allegations against the licensee. The provisions of
10 subsection (c) shall not apply to temporary suspension. The
11 board shall thereupon commence formal action to suspend, revoke
12 or restrict the license of the person concerned as otherwise
13 provided for in this act. All actions shall be taken promptly
14 and without delay. Within 30 days following the issuance of an
15 order temporarily suspending a license, the board shall conduct,
16 or cause to be conducted, a preliminary hearing to determine if
17 there is a prima facie case supporting the suspension. The
18 licensee whose license has been temporarily suspended may be
19 present at the preliminary hearing and may be represented by
20 counsel, cross-examine witnesses, inspect physical evidence,
21 call witnesses, offer evidence and testimony and make a record
22 of the proceedings. If it is determined that there is not a
23 prima facie case, the suspended license shall be immediately
24 restored. The temporary suspension shall remain in effect until
25 vacated by the board but in no event longer than 180 days.
26 (e) Automatic suspension.--A license issued under this act
27 shall automatically be suspended upon the legal commitment of a
28 licensee to an institution because of mental incompetence from
29 any cause upon filing with the board a certified copy of the
30 commitment, conviction of a felony under the act of April 14,
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1 1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
2 Device and Cosmetic Act, or conviction of an offense under the
3 laws of another jurisdiction, which, if committed in this
4 Commonwealth, would be a felony under The Controlled Substance,
5 Drug, Device and Cosmetic Act. As used in this section, the term
6 "conviction" shall include a judgment, an admission of guilt or
7 a plea of nolo contendere. Automatic suspension under this
8 section shall not be stayed pending an appeal of conviction.
9 Restoration of the license shall be made as provided in this act
10 for revocation or suspension of the license.
11 Section 12. Reinstatement of license.
12 Unless otherwise ordered to do so by Commonwealth Court or an
13 appeal therefrom, the board shall not reinstate the revoked
14 license of a person to practice as a State-licensed electrical
15 contractor or State-licensed journeyman electrician pursuant to
16 this act. Any person whose license has been revoked may apply
17 for reinstatement, after a period of at least five years, but
18 must meet all of the licensing qualifications of this act,
19 including the examination requirement, if he or she desires to
20 practice as a State-licensed electrical contractor or State-
21 licensed journeyman electrician pursuant to this act at any time
22 after the revocation.
23 Section 13. Reporting of multiple licensure.
24 Any State-licensed electrical contractor or State-licensed
25 journeyman electrician in this Commonwealth who is also licensed
26 in any other state, territory or country shall report this
27 information to the board on the biennial renewal application.
28 Any disciplinary action taken in any other state, territory or
29 country shall be reported to the board on the biennial renewal
30 application, or within 90 days of disposition, whichever is
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1 sooner. Multiple licensure shall be noted by the board on the
2 licensee's record, and the state, territory or country shall be
3 notified by the board of any disciplinary actions taken against
4 the licensee in this Commonwealth.
5 Section 14. Surrender of suspended or revoked license.
6 The board shall require a person whose license has been
7 suspended or revoked to return the license in a manner as the
8 board directs. Failure to do so shall be a misdemeanor of the
9 third degree.
10 Section 15. Death or disability of State-licensed electrical
11 contractor.
12 A licensed journeyman shall be permitted to perform
13 electrical services necessary to complete any jobs in progress
14 at the time of the death or disability of an electrical
15 contractor. The board shall promulgate regulations establishing
16 conditions under which contracted electrical services may be
17 provided by an electrical contractor business in the event of
18 the death, illness or disability of the State-licensed
19 electrical contractor in responsible charge of the services
20 provided by the business.
21 Section 16. Transferability of license.
22 No license or registration issued under this act shall be
23 assignable or transferable. No person licensed or registered
24 under this act shall permit any other person to use his or her
25 license for any purpose inconsistent with this act. A finding by
26 the board that a person licensed or registered under this act
27 has allowed any other person to use his or her license or
28 registration to perform electrical work, acquire a permit to
29 perform electrical work, or otherwise hold himself or herself
30 out as a person licensed or registered under this act shall be
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1 grounds for revocation.
2 Section 17. Powers of municipalities.
3 (a) Municipal ordinances preserved.--Nothing in this act
4 shall supersede the power of a municipality to inspect
5 electrical work or equipment or to regulate the manner in which
6 electrical work shall be performed to levy lawful taxes and
7 fees, and to require the purchase of a business privilege
8 license unrelated to competence in the practice of electrical
9 contracting. No municipality shall require a licensee licensed
10 under this act to obtain a municipal license to engage in
11 electrical contracting in the municipality. Nothing in this act
12 shall preclude municipalities from denying or revoking local
13 permits for failure to comply with local ordinances not
14 inconsistent with this act or regulations of the board.
15 (b) Failure to comply with local ordinance.--A licensee who
16 fails to comply with a municipal ordinance concerning the
17 inspection of electrical work and services or the manner in
18 which the municipality requires electrical work to be performed
19 shall be subject to disciplinary proceedings under this act.
20 Section 18. Local rulemaking.
21 Licensure under this act shall be acceptable to any
22 municipality in this Commonwealth as proof of competence to
23 perform electrical contracting services. No municipality may
24 require a licensee licensed under this act to obtain an
25 additional license as an electrical contractor issued by that
26 municipality prior to contracting to perform services in any
27 municipality.
28 Section 19. License renewal; records and fees.
29 (a) Renewal term.--The renewal of a license shall be on a
30 biennial basis.
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1 (b) Records.--A record of all persons licensed to practice
2 as State-licensed electrical contractors or State-licensed
3 journeyman electricians in this Commonwealth shall be kept in
4 the office of the board and shall be open to public inspection
5 and copying upon payment of a nominal fee for copying the
6 record.
7 (c) Fees.--
8 (1) All fees required pursuant to this act shall be
9 fixed by the board by regulation and shall be subject to the
10 act of June 25, 1982 (P.L.633, No.181), known as the
11 Regulatory Review Act. If the revenues raised by fees, fines
12 and civil penalties imposed pursuant to this act are not
13 sufficient to meet expenditures over a two-year period, the
14 board shall increase those fees by regulation so that the
15 projected revenues will meet or exceed projected
16 expenditures.
17 (2) If the Bureau of Professional and Occupational
18 Affairs determines that the fees established by the board
19 pursuant to paragraph (1) are inadequate to meet the minimum
20 enforcement efforts required by this act, then the bureau,
21 after consultation with the board and subject to the
22 Regulatory Review Act, shall increase the fees by regulation
23 in an amount so that adequate revenues are raised to meet the
24 required enforcement effort.
25 Section 20. Subpoenas.
26 (a) Power to issue.--The board shall have the authority to
27 issue subpoenas, upon application of an attorney responsible for
28 representing the Commonwealth in disciplinary matters before the
29 board, for the purpose of investigating alleged violations of
30 disciplinary provisions administered by the board. The board
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1 shall have the power to subpoena witnesses, to administer oaths,
2 to examine witnesses and to take testimony or compel the
3 production of those books, records, papers and documents as it
4 may deem necessary or proper in, and pertinent to, any
5 proceeding, investigation or hearing held or had by it. Client
6 records may not be subpoenaed without consent of the client or
7 without order of a court of competent jurisdiction on a showing
8 that the records are reasonably necessary for the conduct of the
9 investigation. The court may impose such limitations on the
10 scope of the subpoena as are necessary to prevent unnecessary
11 intrusion into client confidential information. The board is
12 authorized to apply to Commonwealth Court to enforce its
13 subpoenas.
14 (b) Notification of board.--An attorney responsible for
15 representing the Commonwealth in disciplinary matters before the
16 board shall notify the board immediately upon receiving
17 notification of an alleged violation of this act. The board
18 shall maintain current records of all reports of alleged
19 violations and periodically review the records for the purpose
20 of determining that each alleged violation has been resolved in
21 a timely manner.
22 Section 21. Unlawful practice.
23 (a) Unlawful practice prohibited.--It shall be unlawful for
24 any person to hold himself or herself out as a State-licensed
25 electrical contractor or State-licensed journeyman electrician
26 without possessing a valid, unexpired, unrevoked and unsuspended
27 license issued under this act.
28 (b) Injunction.--Unlawful practice may be enjoined by the
29 courts upon petition of the commissioner or the board. In any
30 proceeding under this section, it shall not be necessary to show
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1 that any person is individually injured by the actions
2 complained of. If the court finds that the respondent has
3 violated this section, it shall enjoin him or her from so
4 practicing until he or she has been duly licensed. Procedure in
5 such cases shall be the same as in any other injunction suit.
6 (c) Remedy cumulative.--The injunctive remedy provided in
7 this section shall be in addition to any other civil or criminal
8 prosecution and punishment.
9 Section 22. Penalties.
10 (a) Criminal penalty.--A person who violates this act
11 commits a misdemeanor of the third degree and shall, upon
12 conviction, be sentenced to pay a fine of up to $1,000 or to
13 imprisonment for not more than 90 days, or both.
14 (b) Civil penalty.--In addition to any other civil remedy or
15 criminal penalty provided for in this act, the board, by a vote
16 of the majority of the maximum number of the authorized
17 membership of the board as provided by law, or by a vote of the
18 majority of the duly qualified and confirmed membership or a
19 minimum of three members, whichever is greater, may levy a civil
20 penalty of up to $1,000 on any current licensee who violates any
21 provision of this act or on any person who holds himself or
22 herself out as a State-licensed electrical contractor or State-
23 licensed journeyman electrician without being so licensed
24 pursuant to this act. The board shall levy this penalty only
25 after affording the accused party the opportunity for a hearing,
26 as provided in 2 Pa.C.S. (relating to administrative law and
27 procedure).
28 (c) Disposition.--All fines and civil penalties imposed in
29 accordance with this section shall be paid into the Professional
30 Licensure Augmentation Account.
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1 Section 23. Exemption.
2 Electrical work done by or for an electric public utility, an
3 electric cooperative corporation or a municipal electric system
4 shall not be included within the practice of electrical
5 contracting when such work is performed on plant or equipment
6 used in the generation, transmission and distribution of
7 electricity to the public up to the point at which electrical
8 current is metered for billing purposes.
9 Section 24. Appropriation.
10 The sum of $85,000, or as much thereof as may be necessary,
11 is hereby appropriated from the Professional Licensure
12 Augmentation Account within the General Fund to the Bureau of
13 Professional and Occupational Affairs in the Department of
14 State, for the payment of costs of processing licenses and
15 renewals, for the operation of the board and for other general
16 costs of the bureau operations relating to this act. The
17 appropriation granted shall be repaid by the board within three
18 years of the beginning of issuance of licenses by the board.
19 Section 25. Severability.
20 The provisions of this act are severable. If any provision of
21 this act or its application to any person or circumstance is
22 held invalid, the invalidity shall not affect other provisions
23 or applications of this act which can be given effect without
24 the invalid provision or application.
25 Section 26. Effective date.
26 This act shall take effect as follows:
27 (1) Sections 5 and 21 shall take effect in 24 months.
28 (2) The remainder of this act shall take effect in 90
29 days.
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