PRINTER'S NO. 52
No. 56 Session of 2001
INTRODUCED BY BELL, JANUARY 22, 2001
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JANUARY 22, 2001
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.
18 Section 13. Reporting of multiple licensure.
1 Section 14. Surrender of suspended or revoked license.
2 Section 15. Death or disability of State-licensed electrical
3 contractor.
4 Section 16. Transferability of license.
5 Section 17. Powers of municipalities.
6 Section 18. Local rulemaking.
7 Section 19. License renewal; records and fees.
8 Section 20. Subpoenas.
9 Section 21. Unlawful practice.
10 Section 22. Penalties.
11 Section 23. Exemption.
12 Section 24. Appropriation.
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 under the Bureau of Professional and Occupational
25 Affairs within the Department of State.
26 "Board-approved program." A program of educational
27 preparation and training in electrical contracting services
28 approved by the Department of Labor and Industry.
29 "Commissioner." The Commissioner of Professional and
30 Occupational Affairs.
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1 "Electrical contractor." A person who engages in the
2 business of contracting to install, erect, repair or alter
3 electrical equipment for the generation, transmission or
4 utilization of electrical energy.
5 "Employ, employed, employee, employment." The words as used
6 in this act shall apply to the relationship of independent
7 contractor as well as to the relationship of employment.
8 "Journeyman electrician." An individual employed by an
9 electrical contractor to perform electrical construction and
10 installation services.
11 "Person." A natural person, firm, corporation or other legal
12 entity.
13 "Practice of electrical contracting." Holding oneself out to
14 the public by any title or description of services incorporating
15 the term "licensed electrical contractor" or using any words or
16 symbols indicating or tending to indicate that the person is a
17 licensed electrical contractor and, under such description,
18 offering to contract or contracting to install, erect, repair or
19 alter electrical equipment for the generation, transmission or
20 utilization of electrical energy.
21 "Registered apprentice." A State-licensed individual
22 employed by an electrical contractor who meets the requirements
23 of this act to be issued an apprenticeship permit.
24 "State-licensed electrical contractor." An electrical
25 contractor who holds a current license under this act who
26 engages in the practice of electrical contracting.
27 "State-licensed journeyman electrician." An individual
28 employed by a State-licensed electrical contractor who holds a
29 current license under this act to perform electrical
30 construction and installation services.
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1 Section 3. State Board of Examiners of Electrical Contractors.
2 (a) Creation.--There is hereby created the State Board of
3 Examiners of Electrical Contractors, a departmental
4 administrative board in the Department of State. The board shall
5 consist of 11 members who are citizens of the United States and
6 who have been residents of this Commonwealth for a two-year
7 period, two of whom shall be public members, six of whom shall
8 be qualified electrical contractors with experience of not less
9 than ten years as an electrical contractor, one of whom shall be
10 a qualified electrical inspector with experience of not less
11 than five years as an electrical inspector, one of whom shall be
12 the Commissioner of the Bureau of Professional and Occupational
13 Affairs and one of whom shall be the Director of the Bureau of
14 Consumer Protection in the Office of Attorney General or a
15 designee. Three of the electrical contractor members shall be
16 signatories to collective bargaining agreements and the
17 remaining three shall be nonsignatories.
18 (b) Terms of office.--The members shall serve for four-year
19 terms except as provided in subsection (c) and shall be
20 appointed by the Governor and with the advice and consent of a
21 majority of the members elected to the Senate.
22 (c) Initial appointments.--Within 90 days of the effective
23 date of this section, the Governor shall nominate two electrical
24 contractors and one public member to serve four-year terms; two
25 electrical contractors and one electrical inspector to serve
26 three-year terms; and two electrical contractors and one public
27 member to serve two-year terms.
28 (d) Continuation in office.--Each board member shall
29 continue in office until a successor is duly appointed and
30 qualified but no longer than six months after the expiration of
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1 the term. In the event that a board member dies, resigns or
2 otherwise becomes disqualified during the term of office, a
3 successor shall be appointed in the same way and with the same
4 qualifications as set forth in this section and shall hold
5 office for the unexpired portion of the unexpired term.
6 (e) Limit on terms.--No board member shall be eligible for
7 appointment to serve more than two consecutive four-year terms.
8 (f) Forfeiture of membership.--A board member who fails to
9 attend three consecutive meetings shall forfeit the member's
10 seat unless the commissioner, upon written request from the
11 member, finds that the member shall be excused from a meeting
12 because of illness or the death of a family member.
13 (g) Compensation.--Each member of the board except the
14 commissioner and the Director of the Bureau of Consumer
15 Protection shall receive $60 per diem when actually attending to
16 the work of the board. Members shall also receive reasonable
17 traveling, hotel and other necessary expenses incurred in the
18 performance of their duties in accordance with Commonwealth
19 regulations.
20 (h) Forfeiture for nonattendance.--A public member who fails
21 to attend two consecutive statutorily mandated training seminars
22 in accordance with section 813(e) of the act of April 9, 1929
23 (P.L.177, No.175), known as The Administrative Code of 1929,
24 shall forfeit the member's seat unless the commissioner, upon
25 written request from the public member, finds that the public
26 member should be excused from a meeting because of illness or
27 the death of a family member.
28 (i) Quorum.--A majority of the members serving in accordance
29 with law shall constitute a quorum for purposes of conducting
30 the business of the board. Except for temporary and automatic
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1 suspensions, a member may not be counted as part of a quorum or
2 vote on any issue unless the member is physically in attendance
3 at the meeting.
4 (j) Meetings.--The board shall meet at least four times a
5 year in Harrisburg.
6 (k) Notice.--Reasonable notice of all meetings shall be
7 given in conformity with 65 Pa.C.S. Ch. 7 (relating to open
8 meetings).
9 (l) Operating procedures.--The board shall meet within 30
10 days after the appointment of initial members and set up
11 operating procedures and application forms for licensing
12 electrical contractors and journeyman electricians and for
13 issuing registration permits to apprentices. It shall be the
14 responsibility of the board to circulate these forms and educate
15 the public to the requirements of licensing in order to hold
16 oneself out as a State-licensed electrical contractor within
17 this Commonwealth.
18 Section 4. Powers and functions of board.
19 The board shall have the following powers:
20 (1) To pass upon the qualifications and fitness of
21 applicants for licenses and reciprocal licenses and to adopt
22 and revise rules and regulations requiring applicants to pass
23 examinations relating to their qualifications as a
24 prerequisite to the issuance of a license.
25 (2) To adopt and, from time to time, revise those rules
26 and regulations as may be necessary to carry into effect
27 provisions of this act. The regulations shall include, but
28 shall not be limited to, standards of professional practice
29 and conduct for licenses and registrations issued under this
30 act.
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1 (3) To examine for, deny, approve, issue, revoke,
2 suspend or renew licenses and registrations authorized
3 pursuant to this act and to conduct hearings in connection
4 therewith.
5 (4) To conduct hearings upon complaints concerning
6 violations of this act and the rules and regulations adopted
7 pursuant to this act and seek the prosecution and enjoinder
8 of all such violations.
9 (5) To expend moneys necessary to the proper carrying
10 out of its assigned duties.
11 (6) To waive examination and grant a license in cases
12 deemed exceptional by the board and in accordance with
13 regulations promulgated by the board.
14 (7) To submit annually a report, to the Consumer
15 Protection and Professional Licensure Committee of the Senate
16 and the Professional Licensure Committee of the House of
17 Representatives, containing a description of the complaints
18 received, status of the cases, board action which has been
19 taken and length of time from the initial complaint to final
20 board resolution.
21 (8) To submit annually to the Appropriations Committee
22 of the Senate and the Appropriations Committee of the House
23 of Representatives, 15 days after the Governor has submitted
24 the budget to the General Assembly, a copy of the budget
25 request for the upcoming fiscal year which the board
26 previously submitted to the Department of State.
27 Section 5. License required.
28 It shall be unlawful for any person to hold himself out as a
29 State-licensed electrical contractor unless the person shall
30 first have obtained a license in accordance with this act. The
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1 licensee shall assume full responsibility for inspection and
2 supervision of all electrical work to be performed in accordance
3 with recognized safety standards adopted by regulation of the
4 board.
5 Section 6. Qualifications for license.
6 (a) Electrical contractor's license.--No person shall be
7 granted an electrical contractor's license under this act or
8 hold himself out as a State-licensed electrical contractor
9 unless the person submits proof satisfactory to the board of the
10 following:
11 (1) Good moral character.
12 (2) Being employed or engaged in the business of
13 electrical construction and installation or having equivalent
14 practical experience for a period of not less than five years
15 preceding the time of the application or otherwise
16 demonstrating, pursuant to regulations of the board, a
17 combination of education and experience which may include the
18 acquisition of a journeyman electrician's license, which
19 qualifies the person to take the examination for a license.
20 (3) Payment of the appropriate fees.
21 (4) Passage of the required examination.
22 (b) Journeyman electrician license.--An employee of a State-
23 licensed electrical contractor who performs and supervises
24 electrical construction and installation services and who does
25 not qualify to take the examination required under subsection
26 (a) shall apply to the board for a license as a journeyman
27 electrician. An individual may be granted a license as a
28 journeyman electrician if the individual submits proof
29 satisfactory to the board of the following:
30 (1) Good moral character.
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1 (2) The completion of a board-approved program or at
2 least four years' practical experience acceptable to the
3 board as a registered apprentice which qualifies the
4 individual to take the examination.
5 (3) Payment of the appropriate fees.
6 (4) Passage of the required examination.
7 Section 7. Apprenticeship permit.
8 (a) Permit required.--An individual employed by a State-
9 licensed electrical contractor who does not qualify for the
10 journeyman license shall register with the board and obtain the
11 apprenticeship permit. An apprenticeship permit authorizes the
12 holder to assist a State-licensed electrical contractor or
13 State-licensed journeyman electrician for purposes of training
14 and instruction.
15 (b) Requirement for permit.--State-licensed electrical
16 contractors shall submit annually to the board a report listing
17 the name, address, Social Security number and period of
18 employment of all apprentices in their employ. Work performed by
19 the holder of an apprenticeship permit shall be performed only
20 under the direct, onsite supervision of a State-licensed
21 electrical contractor or State-licensed journeyman electrician.
22 Application shall be made within 30 days of employment to
23 perform electrical work.
24 (c) Renewal and education.--Apprentices registered with the
25 board may enroll in a board-approved program of instruction.
26 Permits shall be renewed annually upon payment of the required
27 fee. State-licensed electrical contractors shall document,
28 pursuant to board regulations, that registered apprentices in
29 their employ receive instruction in current requirements of the
30 National Electrical Code.
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1 Section 8. Examination required.
2 (a) General rule.--The board may require an applicant for a
3 license to take and pass an examination to the satisfaction of
4 the board. The board shall contract with a professional testing
5 service for the preparation, development, administration and
6 grading of the examination. Written, oral and practical
7 examinations shall be prepared and administered by a qualified
8 and approved professional testing organization in the manner
9 prescribed under section 812.1 of the act of April 9, 1929
10 (P.L.177, No.175), known as The Administrative Code of 1929.
11 (b) Exemption from examination.--The requirements of
12 subsection (a) shall not apply and a license shall be issued
13 without examination to an individual who submits an application
14 for license accompanied by the required fee within two years of
15 the effective date of this section, who is a resident of this
16 Commonwealth, who submits proof of being employed or engaged in
17 the business of electrical contracting within this Commonwealth
18 for a period of at least six years prior to the effective date
19 of this section and who demonstrates to the satisfaction of the
20 board that the individual's principal business or employment,
21 for at least two years immediately preceding the date of
22 application, was that of an electrical contractor or a
23 journeyman electrician.
24 Section 9. Reciprocity.
25 The board shall have the power to grant a reciprocal license
26 to an applicant who is licensed or certified as an electrical
27 contractor or journeyman electrician in another state and who
28 demonstrates qualifications which equal or exceed those required
29 pursuant to this act in the determination of the board provided
30 that no license shall be granted under this section to an
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1 applicant unless the state in which the applicant is licensed
2 affords reciprocal treatment to persons who are residents of
3 this Commonwealth and who are licensed pursuant to this act.
4 Section 10. Continuing education.
5 The board may promulgate regulations establishing continuing
6 education to be met by individuals seeking to renew licenses
7 issued under this act. State-licensed electrical contractors and
8 State-licensed journeymen electricians shall during the two-year
9 period immediately preceding biennial renewal of licenses issued
10 under this act complete a program of continuing education in the
11 requirements of the National Electrical Code, as defined by and
12 acceptable to the board, except that no credit may be given for
13 courses in office management or practice building.
14 Section 11. Refusal, suspension and revocation of license.
15 (a) Grounds.--The board may refuse, suspend, revoke, limit
16 or restrict a license or issue a public reprimand for any of the
17 following:
18 (1) Securing a license by fraud, deceit or
19 misrepresentation.
20 (2) Being unfit or unable to engage in electrical
21 contracting by reason of illness, drunkenness, excessive use
22 of drugs, narcotics, chemicals or any other type of material
23 or as a result of any mental or physical condition. In
24 enforcing this paragraph, the board shall, upon probable
25 cause, have authority to compel a licensee to submit to a
26 mental or physical examination by a physician approved by the
27 board. Failure to submit to an examination when directed by
28 the board, unless the failure is due to circumstances beyond
29 the control of the licensee, shall constitute an admission of
30 the allegations against the licensee, consequent upon which a
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1 default and final order may be entered without the taking of
2 testimony or presentation of evidence. A licensee affected
3 under this paragraph shall at reasonable intervals, as
4 determined by the board, be afforded an opportunity to
5 demonstrate that the licensee can resume the competent
6 practice of electrical contracting with reasonable skill and
7 safety.
8 (3) Engaging in false, deceptive or fraudulent business
9 activities or in misleading advertising.
10 (4) Violating a provision of this act or regulations of
11 the board.
12 (5) Committing an act of negligence or incompetence or
13 authorizing such an act by an employee.
14 (6) Failing to properly supervise employees in
15 accordance with this act and with recognized electrical
16 safety standards of the National Electrical Code in effect at
17 the time an act is committed or authorizing an unlicensed
18 individual to assume responsibility for supervisory work.
19 (7) Failing to secure an inspection of electrical
20 construction as required by law.
21 (8) Failing to perform electrical construction in
22 conformance with standards in effect in the municipality
23 wherein the services were performed or, in the absence of
24 such standards, in conformance with standards of the National
25 Electrical Code.
26 (9) Failing to comply with a municipal ordinance
27 concerning the inspection of electrical work and services or
28 the manner in which the municipality requires electrical work
29 to be performed.
30 (10) Being convicted of a felony in the courts of any
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1 jurisdiction or being convicted of a misdemeanor related to
2 electrical contracting in any jurisdiction. As used in this
3 section, the term "convicted" includes a finding or verdict
4 of guilt, an admission of guilt or a plea of nolo contendere
5 or receiving probation without verdict, disposition in lieu
6 of trial or an accelerated rehabilitative disposition in the
7 disposition of felony charges.
8 (11) Having a license to perform electrical contracting
9 or electrical construction services suspended, revoked or
10 refused or receiving other disciplinary action by the proper
11 licensing authority of any other state, territory, possession
12 or country.
13 (b) Board action.--When the board finds that the license or
14 application for license of any person may be refused, revoked,
15 restricted or suspended under the terms of subsection (a), the
16 board may:
17 (1) Deny the application for a license.
18 (2) Administer a public reprimand.
19 (3) Revoke, suspend, limit or otherwise restrict a
20 license as determined by the board.
21 (4) Suspend enforcement of its findings thereof and
22 place a licensee on probation with the right to vacate the
23 probationary order for noncompliance.
24 (5) Restore a suspended license and impose any
25 disciplinary or corrective measure which it might originally
26 have imposed.
27 (c) Hearing.--All actions of the board shall be taken
28 subject to the right of notice, hearing and adjudication and the
29 right of appeal therefrom in accordance with 2 Pa.C.S. (relating
30 to administrative law and procedure).
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1 (d) Temporary suspension.--The board shall temporarily
2 suspend a license under circumstances as determined by the board
3 to be an immediate and clear danger to the public health and
4 safety. The board shall issue an order to that effect without a
5 hearing but upon due notice to the licensee concerned at the
6 licensee's last known address, which shall include a written
7 statement of all allegations against the licensee. The
8 provisions of subsection (c) shall not apply to temporary
9 suspension. The board shall thereupon commence formal action to
10 suspend, revoke or restrict the license of the person concerned
11 as otherwise provided for in this act. All actions shall be
12 taken promptly and without delay. Within 30 days following the
13 issuance of an order temporarily suspending a license, the board
14 shall conduct or cause to be conducted a preliminary hearing to
15 determine if there is a prima facie case supporting the
16 suspension. The licensee whose license has been temporarily
17 suspended may be present at the preliminary hearing and may be
18 represented by counsel, cross-examine witnesses, inspect
19 physical evidence, call witnesses, offer evidence and testimony
20 and make a record of the proceedings. If it is determined that
21 there is not a prima facie case, the suspended license shall be
22 immediately restored. The temporary suspension shall remain in
23 effect until vacated by the board but in no event longer than
24 180 days.
25 (e) Automatic suspension.--A license issued under this act
26 shall automatically be suspended upon the legal commitment of a
27 licensee to an institution because of mental incompetence from
28 any cause upon filing with the board a certified copy of the
29 commitment, conviction of a felony under the act of April 14,
30 1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
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1 Device and Cosmetic Act, or conviction of an offense under the
2 laws of another jurisdiction which if committed in this
3 Commonwealth would be a felony under The Controlled Substance,
4 Drug, Device and Cosmetic Act. As used in this section, the term
5 "conviction" shall include a judgment, an admission of guilt or
6 a plea of nolo contendere. Automatic suspension under this
7 section shall not be stayed pending an appeal of conviction.
8 Restoration of the license shall be made as provided in this act
9 for revocation or suspension of the license.
10 Section 12. Reinstatement of license.
11 Unless otherwise ordered to do so by Commonwealth Court or an
12 appeal therefrom, the board shall not reinstate the revoked
13 license of a person to practice as a State-licensed electrical
14 contractor or State-licensed journeyman electrician pursuant to
15 this act. Any person whose license has been revoked may apply
16 for reinstatement, after a period of at least five years, but
17 must meet all of the licensing qualifications of this act,
18 including the examination requirement if the person desires to
19 practice as a State-licensed electrical contractor or State-
20 licensed journeyman electrician pursuant to this act at any time
21 after the revocation.
22 Section 13. Reporting of multiple licensure.
23 Any State-licensed electrical contractor or State-licensed
24 journeyman electrician in this Commonwealth who is also licensed
25 in any other state, territory or country shall report this
26 information to the board on the biennial renewal application.
27 Any disciplinary action taken in any other state, territory or
28 country shall be reported to the board on the biennial renewal
29 application or within 90 days of disposition, whichever is
30 sooner. Multiple licensure shall be noted by the board on the
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1 licensee's record, and the state, territory or country shall be
2 notified by the board of any disciplinary actions taken against
3 the licensee in this Commonwealth.
4 Section 14. Surrender of suspended or revoked license.
5 The board shall require a person whose license has been
6 suspended or revoked to return the license in a manner as the
7 board directs. Failure to do so shall be a misdemeanor of the
8 third degree.
9 Section 15. Death or disability of State-licensed electrical
10 contractor.
11 A licensed journeyman shall be permitted to perform
12 electrical services necessary to complete any jobs in progress
13 at the time of the death or disability of an electrical
14 contractor. The board shall promulgate regulations establishing
15 conditions under which contracted electrical services may be
16 provided by an electrical contractor business in the event of
17 the death, illness or disability of the State-licensed
18 electrical contractor in responsible charge of the services
19 provided by the business.
20 Section 16. Transferability of license.
21 No license or registration issued under this act shall be
22 assignable or transferable. No person licensed or registered
23 under this act shall permit any other person to use the person's
24 license for any purpose inconsistent with this act. A finding by
25 the board that a person licensed or registered under this act
26 has allowed any other person to use the license or registration
27 of the person to perform electrical work, acquire a permit to
28 perform electrical work or otherwise hold himself out as a
29 person licensed or registered under this act shall be grounds
30 for revocation.
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1 Section 17. Powers of municipalities.
2 (a) Municipal ordinances preserved.--Nothing in this act
3 shall supersede the power of a municipality to inspect
4 electrical work or equipment, to regulate the manner in which
5 electrical work shall be performed, to levy lawful taxes and
6 fees and to require the purchase of a business privilege license
7 unrelated to competence in the practice of electrical
8 contracting. No municipality shall require a licensee licensed
9 under this act to obtain a municipal license to engage in
10 electrical contracting in the municipality. Nothing in this act
11 shall preclude municipalities from denying or revoking local
12 permits for failure to comply with local ordinances not
13 inconsistent with this act or regulations of the board.
14 (b) Failure to comply with local ordinance.--A licensee who
15 fails to comply with a municipal ordinance concerning the
16 inspection of electrical work and services or the manner in
17 which the municipality requires electrical work to be performed
18 shall be subject to disciplinary proceedings under this act.
19 Section 18. Local rulemaking.
20 Licensure under this act shall be acceptable to any
21 municipality in this Commonwealth as proof of competence to
22 perform electrical contracting services. No municipality may
23 require a licensee licensed under this act to obtain an
24 additional license as an electrical contractor issued by that
25 municipality prior to contracting to perform services in any
26 municipality.
27 Section 19. License renewal; records and fees.
28 (a) Renewal term.--The renewal of a license shall be on a
29 biennial basis.
30 (b) Records.--A record of all persons licensed to practice
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1 as State-licensed electrical contractors or State-licensed
2 journeyman electricians in this Commonwealth shall be kept in
3 the office of the board and shall be open to public inspection
4 and copying upon payment of a nominal fee for copying the
5 record.
6 (c) Fees.--
7 (1) All fees required pursuant to this act shall be
8 fixed by the board by regulation and shall be subject to the
9 act of June 25, 1982 (P.L.633, No.181), known as the
10 Regulatory Review Act. If the revenues raised by fees, fines
11 and civil penalties imposed pursuant to this act are not
12 sufficient to meet expenditures over a two-year period, the
13 board shall increase those fees by regulation so that the
14 projected revenues will meet or exceed projected
15 expenditures.
16 (2) If the Bureau of Professional and Occupational
17 Affairs determines that the fees established by the board
18 pursuant to paragraph (1) are inadequate to meet the minimum
19 enforcement efforts required by this act, then the bureau,
20 after consultation with the board and subject to the
21 Regulatory Review Act, shall increase the fees by regulation
22 in an amount so that adequate revenues are raised to meet the
23 required enforcement effort.
24 Section 20. Subpoenas.
25 (a) Power to issue.--The board shall have the authority to
26 issue subpoenas, upon application of an attorney responsible for
27 representing the Commonwealth in disciplinary matters before the
28 board, for the purpose of investigating alleged violations of
29 disciplinary provisions administered by the board. The board
30 shall have the power to subpoena witnesses, to administer oaths,
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1 to examine witnesses and to take testimony or compel the
2 production of those books, records, papers and documents as it
3 may deem necessary or proper in and pertinent to any proceeding,
4 investigation or hearing held or had by it. Client records may
5 not be subpoenaed without consent of the client or without order
6 of a court of competent jurisdiction on a showing that the
7 records are reasonably necessary for the conduct of the
8 investigation. The court may impose such limitations on the
9 scope of the subpoena as are necessary to prevent unnecessary
10 intrusion into client confidential information. The board is
11 authorized to apply to Commonwealth Court to enforce its
12 subpoenas.
13 (b) Notification of board.--An attorney responsible for
14 representing the Commonwealth in disciplinary matters before the
15 board shall notify the board immediately upon receiving
16 notification of an alleged violation of this act. The board
17 shall maintain current records of all reports of alleged
18 violations and periodically review the records for the purpose
19 of determining that each alleged violation has been resolved in
20 a timely manner.
21 Section 21. Unlawful practice.
22 (a) Unlawful practice prohibited.--It shall be unlawful for
23 any person to hold himself or herself out as a State-licensed
24 electrical contractor or State-licensed journeyman electrician
25 without possessing a valid, unexpired, unrevoked and unsuspended
26 license issued under this act.
27 (b) Injunction.--Unlawful practice may be enjoined by the
28 courts upon petition of the commissioner or the board. In any
29 proceeding under this section, it shall not be necessary to show
30 that any person is individually injured by the actions
20010S0056B0052 - 19 -
1 complained of. If the court finds that the respondent has
2 violated this section, it shall enjoin the respondent from so
3 practicing until the respondent has been licensed. Procedure in
4 such cases shall be the same as in any other injunction suit.
5 (c) Remedy cumulative.--The injunctive remedy provided in
6 this section shall be in addition to any other civil or criminal
7 prosecution and punishment.
8 Section 22. Penalties.
9 (a) Criminal penalty.--A person who violates this act
10 commits a misdemeanor of the third degree and shall, upon
11 conviction, be sentenced to pay a fine of up to $1,000 or to
12 imprisonment for not more than 90 days, or both.
13 (b) Civil penalty.--In addition to any other civil remedy or
14 criminal penalty provided for in this act, the board by a vote
15 of the majority of the maximum number of the authorized
16 membership of the board as provided by law or by a vote of the
17 majority of the qualified and confirmed membership or a minimum
18 of three members, whichever is greater, may levy a civil penalty
19 of up to $1,000 on any current licensee who violates any
20 provision of this act or on any person who holds himself out as
21 a State-licensed electrical contractor or State-licensed
22 journeyman electrician without being so licensed pursuant to
23 this act. The board shall levy this penalty only after affording
24 the accused party the opportunity for a hearing, as provided in
25 2 Pa.C.S. (relating to administrative law and procedure).
26 (c) Disposition.--All fines and civil penalties imposed in
27 accordance with this section shall be paid into the Professional
28 Licensure Augmentation Account.
29 Section 23. Exemption.
30 Electrical work done by or for an electric public utility, an
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1 electric cooperative corporation or a municipal electric system
2 shall not be included within the practice of electrical
3 contracting when this work is performed on plant or equipment
4 used in the generation, transmission and distribution of
5 electricity to the public up to the point at which electrical
6 current is metered for billing purposes.
7 Section 24. Appropriation.
8 The sum of $85,000, or as much thereof as may be necessary,
9 is hereby appropriated from the Professional Licensure
10 Augmentation Account within the General Fund to the Bureau of
11 Professional and Occupational Affairs in the Department of State
12 for the payment of costs of processing licenses and renewals,
13 for the operation of the board and for other general costs of
14 the bureau operations relating to this act. The appropriation
15 granted shall be repaid by the board within three years of the
16 beginning of issuance of licenses by the board.
17 Section 25. Effective date.
18 This act shall take effect as follows:
19 (1) Sections 5 and 21 shall take effect in 24 months.
20 (2) The remainder of this act shall take effect in 90
21 days.
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