1Providing for licensure of electrical contractors, journeyman
2electricians and apprentice electricians; establishing the
3State Board of Licensed Electrical Contractors, Journeyman
4Electricians and Apprentice Electricians; providing for
5powers and duties of the board; establishing fees, fines and
6civil penalties; and making an appropriation.

7TABLE OF CONTENTS

8Chapter 1. Preliminary Provisions

9Section 101. Short title.

10Section 102. Definitions.

11Chapter 3. State Board of Licensed Electrical Contractors,
12Journeyman Electricians and Apprentice Electricians.

13Section 301. Board.

14Section 302. Powers and duties of board.

15Chapter 5. Licensure

16Section 501. Licensure.

17Section 502. Qualifications.

18Section 503. Continuing education.

19Section 504. Liability insurance.

1Section 505. Licensed electrical contractors and journeyman
2electricians in other states.

3Section 506. Duration of license.

4Section 507. Reporting of multiple licensure.

5Chapter 7. Administration and Enforcement

6Section 701. Fees, fines and civil penalties.

7Section 702. Violations.

8Section 703. Refusal to issue, suspend or revoke license.

9Section 704. Suspensions and revocations.

10Section 705. Temporary and automatic suspensions.

11Section 706. Reinstatement of license.

12Section 707. Surrender of suspended or revoked license.

13Section 708. Injunction.

14Section 709. Subpoenas and oaths.

15Section 710. Municipalities.

16Chapter 21. Miscellaneous Provisions.

17Section 2101. Appropriation.

18Section 2102. Regulations.

19Section 2103. Effective date.

20The General Assembly of the Commonwealth of Pennsylvania
21hereby enacts as follows:

22CHAPTER 1

23PRELIMINARY PROVISIONS

24Section 101. Short title of act.

25This act shall be known and may be cited as the Electrical
26Contractor, Journeyman Electricians and Apprentice Electricians
27Licensure Act.

28Section 102. Definitions.

29The following words and phrases when used in this act shall
30have the meanings given to them in this section unless the

1context clearly indicates otherwise:

2"Board." The State Board of Licensed Electrical Contractors,
3Journeyman Electricians and Apprentice Electricians.

4"Commissioner." The Commissioner of Professional and
5Occupational Affairs within the Department of State.

6"Conviction." The term includes a judgment, an admission of
7guilt or a plea of nolo contendere.

8"Department." The Department of State of the Commonwealth.

9"Director." The Director of the Bureau of Consumer
10Protection in the Office of Attorney General or a designee.

11"Electrical services." The installation, erection, repair,
12removal, maintenance, demolition or alteration of electrical
13equipment and systems in buildings and structures and on
14premises, on a temporary basis or permanently, for the
15generation, transmission, distribution and utilization of
16electrical energy. The term does not include installations under
17the exclusive control of an electric utility for the purpose of
18communications, metering, generation, control, transformation or
19distribution of electrical energy on the line side of the
20service point.

21"Licensed apprentice electrician." An individual who is
22registered as an apprentice under the act of July 14, 1961
23(P.L.604, No.304), known as The Apprenticeship and Training Act,
24and who is licensed by the State Board of Licensed Electrical
25Contractors, Journeyman Electricians and Apprentice Electricians
26as an individual whose principal occupation is learning and
27assisting in the performance of electrical services.

28"Licensed electrical contractor." An individual who is
29licensed by the State Board of Licensed Electrical Contractors,
30Journeyman Electricians and Apprentice Electricians who engages

1in the business of contracting to perform electrical services.

2"Licensed journeyman electrician." An individual who is
3licensed by the State Board of Licensed Electrical Contractors,
4Journeyman Electricians and Apprentice Electricians and who is
5authorized to perform electrical services.

6"Premises wiring system."

7(1) Interior and exterior wiring, including power,
8lighting, control and signal circuit wiring together with all
9associated hardware, fittings and wiring devices, both
10permanently and temporarily installed, including:

11(i) Wiring from the service point or power source to
12the outlets.

13(ii) Wiring from and including the power source to
14the outlets where there is no service point.

15(2) Wiring under paragraph (1) does not include wiring
16internal to appliances, luminaries, motors, controllers,
17motor control centers and similar equipment.

18"Service point." The point of connection between the
19facilities of the serving utility and the premises wiring
20system.

21CHAPTER 3

22STATE BOARD OF LICENSED ELECTRICAL CONTRACTORS, JOURNEYMAN
23ELECTRICIANS AND APPRENTICE ELECTIRCIANS

24Section 301. Board.

25(a) Establishment.--There is established the State Board of
26Licensed Electrical Contractors, Journeyman Electricians and
27Apprentice Electricians within the department.

28(b) Composition.--The board shall consist of the following:

29(1) The commissioner.

30(2) The director.

1(3) Two public members.

2(4) One electrical inspector with a minimum of five
3years' experience inspecting electrical services.

4(5) Eight professional members. The professional members
5shall have been actively engaged in providing electrical
6services in this Commonwealth for at least ten years
7immediately preceding appointment. Two professional members
8shall be electrical contractors subject to collective
9bargaining agreements. Two professional members shall be
10electrical contractors not subject to collective bargaining
11agreements. Two professional members shall be journeyman
12electricians subject to collective bargaining agreements. Two
13professional members shall be journeyman electricians not
14subject to collective bargaining agreements. Except as set
15forth in subsection (e), professional members shall be
16licensed under this act as licensed journeyman electricians.

17(c) Meeting.--The board shall meet within 30 days after the
18appointment of its initial members and shall:

19(1) Establish procedures for the board's operation and
20administration of this act.

21(2) Develop application forms for licensure.

22(3) Circulate application forms.

23(4) Educate the public regarding the requirements of
24this act and the provision of electrical services in this
25Commonwealth.

26(d) Term of membership.--Except for the commissioner and the
27director or a designee, the following apply to members of the
28board:

29(1) Members shall be appointed by the Governor with the
30advice and consent of the Senate.

1(2) Members shall be citizens of the United States and
2residents of this Commonwealth.

3(3) Except as provided in paragraph (4), members shall
4serve a term of four years or until a successor has been
5appointed and qualified, but in no event longer than six
6months beyond the four-year period. In the event that a
7member dies or resigns or otherwise is disqualified during
8the term of office, a successor shall be appointed in the
9same way and with the same qualifications and shall hold
10office for an unexpired term. A member shall not be eligible
11to serve more than two consecutive terms.

12(4) Members first appointed to the board pursuant to
13this act shall serve terms of office as follows:

14(i) Five members shall serve for terms of four
15years.

16(ii) Four members shall serve for terms of three
17years.

18(iii) Two members shall serve for a term of two
19years.

20(e) Professional members and initial appointments.--Within
21180 days of the effective date of this section, the Governor
22shall nominate 11 members to initial terms pursuant to
23subsection (d)(4). A professional member first appointed to the
24board pursuant to this act need not be licensed at the time of
25appointment but must have satisfied eligibility requirements for
26licensure as provided in this act.

27(f) Quorum.--A majority of the current members of the board
28shall constitute a quorum. Except for temporary and automatic
29suspensions under section 705, a member may not be counted as
30part of a quorum or vote on any issue unless the member is

1physically in attendance at the meeting.

2(g) Chairperson.--The board shall annually select a
3chairperson from among its members.

4(h) Expenses.--With the exception of the commissioner and
5the director, each member of the board shall receive $60 per
6diem when actually attending to the work of the board. A member
7shall also receive the amount of reasonable travel, hotel and
8other necessary expenses incurred in the performance of the
9member's duties in accordance with Commonwealth regulations.

10(i) Forfeiture.--Except for the commissioner and the
11director, a member who fails to attend three consecutive
12meetings shall forfeit the member's seat unless the
13commissioner, upon written request from the member, finds the
14member should be excused from a meeting because of illness or
15the death of a family member.

16(j) Training seminars.--Except for the commissioner and the
17director, a member who fails to attend two consecutive
18statutorily mandated training seminars in accordance with
19section 813(e) of the act of April 9, 1929 (P.L.177, No.175),
20known as The Administrative Code of 1929, shall forfeit the
21member's seat unless the commissioner, upon written request from
22the member, finds that the member should be excused from a
23meeting because of illness, the death of a family member or
24another legitimate reason acceptable to the commissioner.

25(k) Frequency of meetings.--The board shall meet at least
26four times a year in the City of Harrisburg and at such
27additional times as may be necessary to conduct the business of
28the board.

29Section 302. Powers and duties of board.

30The board shall have the following powers and duties:

1(1) To provide for and regulate the licensing of
2individuals engaged in the provision of electrical services.

3(2) To issue, renew, reinstate, fail to renew, suspend
4and revoke licenses as provided for in this act.

5(3) To administer and enforce the provisions of this
6act.

7(4) To contract with a professional testing organization
8to administer tests to qualified applicants seeking to be
9licensed as licensed electrical contractors, journeyman
10electricians or apprentice electricians as provided in this
11act. Written, oral or practical examinations shall be
12prepared and administered by a qualified and approved
13professional testing organization in the manner prescribed
14for written examinations by section 812.1 of the act of April
159, 1929 (P.L.177, No.175), known as The Administrative Code
16of 1929.

17(5) To investigate applications for licensure and to
18determine the eligibility of an individual applying for
19licensure.

20(6) To promulgate and enforce regulations, not
21inconsistent with this act, as necessary only to carry into
22effect the provisions of this act. This paragraph includes
23the setting of fees and setting the amount of professional
24liability insurance required by licensed electrical
25contractors. Regulations shall be adopted in conformity with
26the provisions of the act of July 31, 1968 (P.L.769, No.240),
27referred to as the Commonwealth Documents Law, and the act of
28June 25, 1982 (P.L.633, No.181), known as the Regulatory
29Review Act.

30(7) To keep minutes and records of all transactions and

1proceedings.

2(8) To keep and maintain a registry of individuals
3licensed by the board. The board shall provide access to the
4registry to the public, including making the registry
5available via electronic means.

6(9) To submit annually to the department an estimate of
7financial requirements of the board for its administrative,
8legal and other expenses.

9(10) To submit annually a report to the Consumer
10Protection and Professional Licensure Committee of the Senate
11and the Professional Licensure Committee of the House of
12Representatives. The report shall include a description of
13the types of complaints reviewed, status of cases, the action
14which has been taken and the length of time from initial
15complaint to final resolution.

16(11) To submit annually to the Appropriations Committee
17of the Senate and the Appropriations Committee of the House
18of Representatives, 15 days after the Governor has submitted
19a budget to the General Assembly, a copy of the budget
20request for the upcoming fiscal year which the board
21previously submitted to the department.

22CHAPTER 5

23LICENSURE

24Section 501. Licensure.

25(a) General rule.--Except as provided in subsections (d) and
26(g), an individual may not provide electrical services, offer
27himself for employment as an individual who may provide
28electrical services or hold himself out as an individual
29authorized to provide electrical services unless licensed as a
30licensed journeyman electrician by the board.

1(b) Business entities.--Subject to subsection (g), an
2individual, corporation, partnership, firm or other entity shall
3not:

4(1) Contract to provide electrical services unless the
5individual, corporation, partnership, firm or other entity is
6licensed as a licensed electrical contractor in accordance
7with this act.

8(2) Enter into a contract for the provision of
9electrical services with an individual, corporation,
10partnership, firm or other entity that is not licensed as a
11licensed electrical contractor under this act.

12(3) Employ an individual to provide electrical services
13or direct an individual to provide electrical services unless
14the individual is licensed under this act.

15(4) Use the terms "licensed journeyman electrician,"
16"licensed electrician," "licensed electrical contractor" or
17another derivative in connection with the entity unless at
18least one employee or the owner of the entity is licensed as
19a licensed journeyman electrician or licensed electrical
20contractor in accordance with this act.

21(c) Title.--An individual, corporation, partnership, firm or
22other entity who holds a license as:

23(1) A licensed electrical contractor or a licensed
24electrical contractor who is maintained on inactive status
25pursuant to section 506(b) shall have the right to use the
26title "licensed electrical contractor" and the abbreviation
27"L.E.C." No other individual, corporation, partnership, firm
28or other entity shall use the title "licensed electrical
29contractor" or the abbreviation "L.E.C."

30(2) A licensed journeyman electrician or a licensed

1journeyman electrician who is maintained on inactive status
2pursuant to subsection 506(b) shall have the right to use the
3title "licensed journeyman electrician" and the abbreviation
4"L.J.E." No other individual shall use the title "licensed
5journeyman electrician" or the abbreviation "L.J.E."

6(3) A licensed apprentice electrician or a licensed
7apprentice electrician who is maintained on inactive status
8pursuant to section 506(b) shall have the right to use the
9title "licensed apprentice electrician" and the abbreviation
10"L.A.E." No other individual shall use the title "licensed
11apprentice electrician" or the abbreviation "L.A.E."

12(d) Apprentice.--A licensed apprentice electrician may hold
13himself out as being authorized to provide electrical services
14if the licensed apprentice electrician works under the direct
15onsite supervision of a licensed journeyman electrician,
16including a licensed electrical contractor.

17(e) Responsibility.--A licensed electrical contractor shall
18be responsible for inspecting and supervising electrical
19services performed by licensed journeyman electricians and
20licensed apprentice electricians employed to execute the
21contract.

22(f) Public notice of licensure.--A licensed electrical
23contractor shall prominently display its license number to the
24public on its official advertisements, contracts and proposals,
25letterhead and vehicles and via any other reasonable means
26determined by the board. The manner and means by which the
27license number must be displayed shall be established by
28regulation of the board.

29(g) Exceptions to licensure.--This act shall not apply to
30and a license shall not be required for the following:

1(1) The replacement of lamps and fuses.

2(2) The connection of portable electronic appliances to
3permanently installed receptacles.

4(3) The installation, erection, repair, maintenance,
5removal, demolition or alteration of electrical equipment or
6electrical systems for generation, transmission, distribution
7and utilization of electrical energy in structures,
8facilities, buildings or premises owned or operated by a
9railway or the Federal Government.

10(4) Commercial radio and television transmission
11equipment.

12(5) The installation, erection, repair, maintenance,
13removal, demolition or alteration of electrical equipment or
14electrical systems for the generation, transmission,
15distribution or utilization of electrical energy of less than
16ten volts.

17(6) The installation, erection, repair, maintenance,
18removal, demolition or alteration of electrical equipment
19under the exclusive control of a public utility or electrical
20cooperative corporation where such equipment:

21(i) consists of service drops or service laterals
22and associated metering;

23(ii) is located in legally established easements or
24rights-of-way designated by or recognized by public
25service commissions, utility commissions, political
26subdivisions or other regulatory agencies having
27jurisdiction for such installations; or

28(iii) is located on property owned or leased by the
29public utility or electrical cooperative corporation for
30the purpose of communications, metering, generation,

1control, transformation, transmission or distribution of
2electric energy.

3Section 502. Qualifications.

4(a) Licensed electrical contractor.--To be eligible for
5licensure as a licensed electrical contractor, an applicant must
6fulfill the following requirements:

7(1) Be of good moral character.

8(2) Be at least 22 years of age.

9(3) Submit satisfactory proof to the board that the
10applicant has done one of the following:

11(i) Successfully completed a program as a licensed
12apprentice electrician.

13(ii) Completed a program recognized by the board
14which trains individuals to provide electrical services.

15(iii) Acquired training and experience equivalent to
16that set forth in subparagraph (i) or (ii), as determined
17by regulation of the board.

18(4) Pay the fee set by the board.

19(5) Pass the examination provided by the board.

20(6) Submit satisfactory proof to the board that the
21applicant has at least 10,000 hours worked in electrical
22construction.

23(7) Submit proof satisfactory to the board of the
24acquisition of professional liability insurance in an amount
25set by the board.

26(b) Licensed journeyman electrician.--To be eligible for
27licensure as a licensed journeyman electrician, an applicant
28must:

29(1) Be of good moral character.

30(2) Be at least 20 years of age.

1(3) Submit satisfactory proof to the board that the
2applicant has done one of the following:

3(i) Successfully completed a program as a licensed
4apprentice electrician.

5(ii) Completed a program recognized by the board
6which trains individuals to provide electrical services.

7(iii) Acquired training and experience equivalent to
8that set forth in subparagraph (i) or (ii), as determined
9by regulation of the board.

10(4) Pay the fee set by the board.

11(5) Pass the examination provided by the board.

12(c) Licensed apprentice electrician.--To be eligible for
13licensure as a licensed apprentice electrician, an applicant
14must:

15(1) Be of good moral character.

16(2) Be at least 16 years of age.

17(3) Register with the Department of Labor and Industry
18as set forth in the act of July 14, 1961 (P.L.604, No.304),
19known as The Apprenticeship and Training Act. The applicant
20shall submit proof of current registration to the board.

21(4) Pay the fee set by the board.

22(d) Renewal of license of licensed apprentice electrician.--
23In the case of a licensed apprentice electrician applying for
24renewal of a license where registration under subsection (b)(3)
25has expired or otherwise lapsed before the biennial renewal
26cycle will expire, the licensed apprentice electrician shall
27submit evidence satisfactory to the board that the licensed
28apprentice electrician has renewed registration. Failure to
29notify the board within 30 days that registration has expired or
30otherwise lapsed shall subject the licensed apprentice

1electrician to disciplinary action. In the case of a licensed
2apprentice electrician whose registration has expired or
3otherwise lapsed, the license shall immediately be placed on
4inactive status by the board. The board shall promulgate
5regulations in order to carry out the provisions of this
6subsection, including regulations setting forth the evidence
7necessary to demonstrate renewal of registration.

8(e) Waiver of examination.--Notwithstanding the provisions
9of subsection (a)(5), the board may grant a license to an
10individual applying to become a licensed journeyman electrician
11without examination if:

12(1) The individual applies within one year of the
13effective date of section 501.

14(2) The individual meets the requirement of age and
15character and pays the required fee.

16(3) For an individual applying for a license as a
17licensed journeyman electrician under this subsection, the
18individual submits proof satisfactory to the board of at
19least five years of prior experience providing electrical
20services.

21(4) For an individual applying for a license as a
22licensed electrical contractor under this subsection, the
23individual submits proof satisfactory to the board of being a
24current holder of an electrical contractor license issued by
25a municipality or subdivision of this Commonwealth.

26(f) Convictions prohibited.--The board shall not issue a
27license to an individual who has been convicted of a felonious
28act prohibited by the act of April 14, 1972 (P.L.233, No.64),
29known as The Controlled Substance, Drug, Device and Cosmetic
30Act, or convicted of a felony related to a controlled substance

1in a court of law of the United States or any other state,
2territory or country unless:

3(1) At least ten years have elapsed from the date of
4conviction.

5(2) The individual satisfactorily demonstrates to the
6board that the individual has made significant progress in
7personal rehabilitation since the conviction such that
8licensure of the individual should not be expected to create
9a substantial risk of harm to the health and safety of the
10public or a substantial risk of further criminal violations.

11(3) The individual otherwise satisfies the
12qualifications provided in this act. An individual's
13statement on the application declaring the absence of a
14conviction shall be deemed satisfactory evidence of the
15absence of a conviction unless the board has some evidence to
16the contrary.

17(g) Death or disability of licensed electrical contractor
18and continuance of business.--No person shall be denied the
19privilege of continuing business as an electrical contractor in
20the event of death, illness or other physical disability of the
21individual who qualified the business as a licensed electrical
22contractor for at least six months following the date of the
23death, illness or other physical disability as long as the
24business is conducted under such qualified supervision as the
25board deems adequate.

26Section 503. Continuing education.

27(a) Regulations.--The board shall adopt, promulgate and
28enforce rules and regulations consistent with the provisions of
29this act establishing continuing education to be met by
30individuals licensed as electrical contractors and journeyman

1electricians under this act. Regulations shall include any fees
2necessary for the board to carry out its responsibilities under
3this section. The board may waive all or part of the continuing
4education requirement for an individual who shows evidence
5satisfactory to the board that the individual was unable to
6complete the requirement due to illness, emergency, military
7service or other hardship. All courses, materials, locations and
8instructors shall be approved by the board. No credit shall be
9given for a course in office management or practice building.

10(b) Requirement.--Beginning with the licensure period
11designated by regulation:

12(1) An individual applying for renewal of a license as a
13licensed electrical contractor shall be required to obtain 16
14hours of continuing education during the two calendar years
15immediately preceding the application for renewal.

16(2) An individual applying for renewal of a license as a
17licensed journeyman electrician shall be required to obtain
18eight hours of continuing education during the two calendar
19years immediately preceding the application for renewal.

20Section 504. Liability insurance.

21As a condition of biennial renewal, a licensed electrical
22contractor shall submit proof satisfactory to the board of the
23acquisition and maintenance of professional liability insurance
24in the amount set by the board. In the case of the insurance
25being revoked, canceled or otherwise lapsing, the electrical
26contractor shall notify the board in writing within 30 days. In
27such a case, the board shall immediately place the license of a
28licensed electrical contractor on inactive status. Failure to
29notify the board in writing within 30 days shall subject the
30licensed electrical contractor to disciplinary action.

1Section 505. Licensed electrical contractors and journeyman
2electricians in other states.

3(a) Reciprocity established.--Subject to subsection (b), the
4board may issue a license without examination to an individual
5who is licensed as an electrical contractor or journeyman
6electrician in any other state, territory or possession of the
7United States if all of the following requirements are met:

8(1) The individual meets the requirements as to
9character, age and absence of convictions.

10(2) The individual pays the required fee.

11(3) The standards for licensure in the other state,
12territory or possession meet or exceed the standards set
13forth in this act.

14(b) Requirement.--For an individual to be eligible to apply
15for a license as a licensed electrical contractor or licensed
16journeyman electrician under subsection (a), the other state,
17territory or possession of the United States must provide an
18opportunity for reciprocal licensure which is substantially
19similar to the opportunity provided by the Commonwealth under
20this section.

21Section 506. Duration of license.

22(a) Duration of license.--A license issued pursuant to this
23act shall be on a biennial basis. The biennial expiration date
24shall be established by regulation of the board. Application for
25renewal of a license shall biennially be forwarded to an
26individual holding a current license prior to the expiration
27date of the current biennium. For individuals applying for
28licensure or renewal of licensure as a licensed apprentice
29electrician, the application form must indicate whether
30registration as an apprentice under the act of July 14, 1961

1(P.L.604, No.304), known as The Apprenticeship and Training Act,
2has expired or otherwise lapsed before the biennial renewal
3cycle will expire.

4(b) Inactive status.--An individual licensed under this act
5may request an application for inactive status. The application
6form may be completed and returned to the board. Upon receipt of
7an application, the individual shall be maintained on inactive
8status without fee and shall be entitled to apply for a
9licensure renewal at any time. An individual who requests the
10board to activate the individual's license and who has been on
11inactive status shall, prior to receiving an active license,
12satisfy the requirements of the board's regulations regarding
13continuing education and remit the required fee. In the case of
14a licensed apprentice electrician who is placed on inactive
15status pursuant to section 502(d), the licensed apprentice
16electrician shall provide evidence to the board of renewal of
17registration before the board may activate the license. The
18board shall promulgate regulations to carry into effect the
19provisions of this subsection.

20Section 507. Reporting of multiple licensure.

21A licensee who is licensed as an electrical contractor or
22journeyman electrician in any other state, territory, possession
23of the United States or country shall report this information to
24the board on the biennial registration application. Any
25disciplinary action taken in another state, territory,
26possession of the United States or country shall be reported to
27the board on the biennial registration application or within 90
28days of final disposition, whichever is sooner. Multiple
29licensure shall be noted by the board on the individual's
30record, and the state, territory, possession of the United

1States or country shall be notified by the board of any
2disciplinary action taken against the licensee in this
3Commonwealth.

4CHAPTER 7

5ADMINISTRATION AND ENFORCEMENT

6Section 701. Fees, fines and civil penalties.

7(a) Fees.--All fees required under this act shall be fixed
8by the board by regulation and shall be subject to the act of
9June 25, 1982 (P.L.633, No.181), known as the Regulatory Review
10Act. If the revenues raised by the fees, fines and civil
11penalties imposed under this act are not sufficient to meet
12expenditures over a two-year period, the board shall increase
13those fees by regulation so that projected revenues will meet or
14exceed projected expenditures.

15(b) Fee increase.--If the Bureau of Professional and
16Occupational Affairs determines that the fees established by the
17board under subsection (a) are inadequate to meet the minimum
18enforcement efforts required by this act, then the bureau, after
19consultation with the board and subject to the Regulatory Review
20Act, shall increase the fees by regulation in an amount such
21that adequate revenues are raised to meet the required
22enforcement effort.

23(c) Account.--All fees, fines and civil penalties imposed in
24accordance with this act shall be paid into the Professional
25Licensure Augmentation Account established pursuant to and for
26use in accordance with the act of July 1, 1978 (P.L.700,
27No.124), known as the Bureau of Professional and Occupational
28Affairs Fee Act.

29(d) Renewal fee.--The board may charge a fee, as set by the
30board by regulation, for licensure, for renewing licensure and

1for other services of the board as permitted by this act or by
2regulation.

3Section 702. Violations.

4(a) General rule.--An individual or the responsible officer
5or employee of a corporation, partnership, firm or other entity
6violating a provision of this act or a regulation of the board
7commits a misdemeanor of the third degree and, upon conviction,
8shall be sentenced to pay a fine of not more than $2,000 or to
9imprisonment for not more than six months for the first
10violation. For the second and each subsequent conviction, the
11person convicted shall be sentenced to pay a fine of not less
12than $2,000 nor more than $5,000, or to imprisonment for not
13less than six months nor more than one year, or both.

14(b) Civil penalty.--In addition to any other civil remedy or
15criminal penalty provided for in this act, the board by a vote
16of the majority of the maximum number of the authorized
17membership of the board as provided by law or by a vote of the
18majority of the qualified and confirmed membership or a minimum
19of five members, whichever is greater, may levy a civil penalty
20up to $10,000 for any of the following:

21(1) A licensee who violates a provision of this act or
22regulation of the board.

23(2) An individual who performs or contracts to perform
24electrical services in violation of this act.

25(3) An individual who holds himself out as an individual
26authorized to perform electrical services without being
27properly licensed as provided in this act.

28(4) The responsible officers or employees of a
29corporation, partnership, firm or other entity violating a
30provision of this act.

1(c) Procedure.--The board shall levy the civil penalty set
2forth in subsection (b) only after affording the accused the
3opportunity for a hearing as provided in 2 Pa.C.S. (relating to
4administrative law and procedure).

5Section 703. Refusal to issue, suspend or revoke license.

6(a) General rule.--The board may refuse to issue, suspend or
7revoke a license in a case where the board finds:

8(1) The licensee is negligent or incompetent in the
9performance of electrical services.

10(2) The licensee is unable to perform electrical
11services with reasonable skill and safety by reason of mental
12or physical illness or condition or physiological or
13psychological dependence upon alcohol, hallucinogenic or
14narcotic drugs or other drugs which tend to impair judgment
15or coordination, as long as the dependence continues. In
16enforcing this paragraph, the board shall, upon probable
17cause, have authority to compel a licensee to submit to a
18mental or physical examination as designated by the board.
19After notice, hearing, adjudication and appeal, failure of a
20licensee to submit to the examination when directed shall
21constitute an admission of the allegations unless failure is
22due to circumstances beyond the licensee's control,
23consequent upon which a default and final order may be
24entered without the taking of testimony or presentation of
25evidence. An individual affected under this paragraph shall
26at reasonable intervals be afforded the opportunity to
27demonstrate that the individual can resume competent, safe
28and skillful performance of electrical services.

29(3) The licensee has violated any of the provisions of
30this act or a regulation of the board.

1(4) The licensee has committed fraud or deceit in:

2(i) the performance of electrical services; or

3(ii) securing licensure.

4(5) The licensee has been convicted of a felony or a
5crime of moral turpitude or been convicted of a misdemeanor
6related to providing electrical services or received
7probation without verdict, disposition in lieu of trial or an
8Accelerated Rehabilitative Disposition in the disposition of
9felony charges, in the courts of this Commonwealth, the
10United States, another state, territory, possession of the
11United States or country.

12(6) The licensee has had the licensee's license to
13practice as an electrician or electrical contractor suspended
14or revoked or has received other disciplinary action by the
15proper licensing authority in another state, territory,
16possession of the United States or country.

17(7) With respect to the provision of electrical
18services, the licensee has acted in such a manner as to
19present an immediate and clear danger to health, safety or
20property.

21(8) The licensed electrical contractor failed to
22properly direct and supervise licensed journeyman
23electricians and licensed apprentice electricians who are
24executing the contract.

25(9) In the case of a licensed journeyman electrician
26responsible for the direct onsite supervision of a licensed
27apprentice electrician, the licensed journeyman electrician
28failed to provide the proper supervision.

29(10) The licensee possessed, used, acquired or
30distributed a controlled substance.

1(11) The licensee has been guilty of unprofessional
2conduct. Unprofessional conduct shall include departure from
3or failing to conform to operating practices or professional
4standards embraced by the licensed journeyman electricians'
5community in this Commonwealth. In addition, unprofessional
6conduct shall include failing to conform to recognized
7electrical safety standards, including the National
8Electrical Code in effect in this Commonwealth, and
9applicable municipal ordinances related to health and safety.
10In a proceeding based on this paragraph, actual injury to a
11person or damage to property need not be established.

12(12) The licensee falsely advertised or made misleading,
13deceptive, untrue or fraudulent material representations
14regarding licensure or in the performance of electrical
15services.

16(13) Unless waived by the board in accordance with
17section 503, the licensee failed to satisfy the continuing
18education requirements of this act.

19(b) Acts authorized.--When the board finds that the license
20of an individual may be refused, suspended or revoked pursuant
21to subsection (a), the board may:

22(1) Deny the application for a license.

23(2) Impose a fine.

24(3) Administer a public reprimand.

25(4) Suspend, revoke, limit or otherwise restrict a
26license.

27(5) Require a licensee to submit to the care, counseling
28or treatment of a physician or a psychologist designated by
29the board.

30(6) Suspend enforcement of its finding and place a

1licensee on probation with the right to vacate the
2probationary order for noncompliance.

3(7) Restore or reissue, in its discretion, a suspended
4license and impose any disciplinary or corrective measure
5which it might originally have imposed.

6Section 704. Suspensions and revocations.

7A suspension or revocation shall be made only in accordance
8with the regulations of the board and only by majority vote of
9the members of the board after a hearing. An action of the board
10shall be taken subject to the right of notice, hearing and
11adjudication, and the right of appeal, in accordance with the
12provisions of 2 Pa.C.S. (relating to administrative law and
13procedure). The board, by majority action and in accordance with
14its regulations, may reissue a license which has been suspended.
15If a license has been revoked, the board shall reissue a license
16only in accordance with section 706.

17Section 705. Temporary and automatic suspensions.

18(a) General rule.--A license issued under this act may be
19temporarily suspended under circumstances determined by the
20board to be an immediate and clear danger to public health,
21safety or property. The board shall issue an order to that
22effect without a hearing, but upon due notice, to the licensee
23concerned at the licensee's last known address, which notice
24shall include a written statement of all allegations against the
25licensee. The provisions of section 704 shall not apply to
26temporary suspension. The board shall commence formal action to
27suspend, revoke or restrict the license of the individual as
28otherwise provided for in this act. All actions shall be taken
29promptly and without delay. Within 30 days following the
30issuance of an order temporarily suspending a license, the board

1shall conduct or cause to be conducted a preliminary hearing to
2determine if there is a prima facie case supporting the
3suspension. The individual whose license has been temporarily
4suspended may be present at the preliminary hearing and may be
5represented by counsel, cross-examine witnesses, inspect
6physical evidence, call witnesses, offer evidence and testimony
7and make a record of the proceedings. If it is determined that
8there is not a prima facie case, the suspended license shall be
9immediately restored. The temporary suspension shall remain in
10effect until vacated by the board, but in no event longer than
11180 days.

12(b) Commitment of licensee.--A license issued under this act
13shall automatically be suspended upon the legal commitment of a
14licensee to an institution because of mental incompetence from
15any cause upon filing with the board a certified copy of the
16commitment, conviction of a felony under the act of April 14,
171972 (P.L.233, No.64), known as The Controlled Substance, Drug,
18Device and Cosmetic Act, or conviction of an offense under the
19laws of another jurisdiction which, if committed in this
20Commonwealth, would be a felony under The Controlled Substance,
21Drug, Device and Cosmetic Act. Automatic suspension under this
22subsection shall not be stayed pending an appeal of a
23conviction. Restoration of the license shall be made as provided
24in the case of revocation or suspension of a license.

25Section 706. Reinstatement of license.

26Unless ordered to do so by Commonwealth Court or an appeal
27from an order, the board shall not reinstate the license of an
28individual which has been revoked. An individual whose license
29has been revoked may reapply for a license, after a period of at
30least five years, but must meet all of the licensing

1requirements of this act.

2Section 707. Surrender of suspended or revoked license.

3The board shall require an individual whose license has been
4suspended or revoked to return the license in the manner
5directed by the board. Failure to do so, and upon conviction
6thereof, shall be a misdemeanor of the third degree.

7Section 708. Injunction.

8Whenever, in the judgment of the board, a person has engaged
9in an act or practice which constitutes or will constitute a
10violation of this act, the board or its agents may make
11application to the appropriate court for an order enjoining the
12act or practice. Upon a showing by the board that the person has
13engaged or is about to engage in the act or practice, an
14injunction, restraining order or other order as may be
15appropriate shall be granted by the court. The remedy by
16injunction is in addition to any other civil or criminal
17prosecution and punishment.

18Section 709. Subpoenas and oaths.

19(a) Authority granted.--The board shall have the authority
20to issue subpoenas, upon application of an attorney responsible
21for representing the Commonwealth in disciplinary matters before
22the board, for the purpose of investigating alleged violations
23of this act or regulation of the board. The board shall have the
24power to subpoena witnesses, to administer oaths, to examine
25witnesses and to take the testimony or compel the production of
26the books, records, papers and documents as it may deem
27necessary or proper in and pertinent to any proceeding,
28investigation or hearing held or had by it. The board is
29authorized to apply to Commonwealth Court to enforce its
30subpoenas. The court may impose limitations in the scope of the

1subpoena as is necessary to prevent unnecessary intrusion into
2confidential client information.

3(b) Disciplinary matters.--An attorney responsible for
4representing the Commonwealth in disciplinary matters before the
5board shall maintain current records of all reported alleged
6violations and shall periodically review the records for the
7purpose of determining that each alleged violation has been
8resolved in a timely manner.

9Section 710. Municipalities.

10(a) Municipal license prohibited.--Licensure under this act
11shall be acceptable to a municipality in this Commonwealth as
12proof of competence to perform electrical services, and no
13municipality may require an individual licensed under this act
14to obtain an additional license to perform electrical services.
15Unless otherwise provided in this act, any local ordinance or
16regulation concerning the qualifications, fitness and competence
17of individuals to perform electrical services is preempted and
18superseded.

19(b) Certain powers preserved.--Nothing in this act shall be
20construed to prevent a municipality from doing any of the
21following:

22(1) Levying lawful taxes and fees.

23(2) Requiring the purchase of a business privilege
24license that is unrelated to demonstrating competence in the
25performance of electrical services.

26(3) Denying or revoking permits for failing to comply
27with ordinances which are not inconsistent with this act or
28regulation of the board.

29(4) Enforcing ordinances related to health and safety.

30(5) Pursuant to an ordinance, inspecting or regulating

1the manner in which electrical services are performed.

2CHAPTER 21

3MISCELLANEOUS PROVISIONS

4Section 2101. Appropriations.

5The sum of $85,000 or as much as may be necessary is
6appropriated from the Professional Licensure Augmentation
7Account to the Department of State for the payment of costs
8associated with processing licenses and renewing licenses, for
9the operation of the State Board of Licensed Electrical
10Contractors, Journeyman Electricians and Apprentice Electricians
11and for other costs associated with this act. The appropriation
12shall be repaid by the board within three years of the beginning
13of issuance of licenses by the board.

14Section 2102. Regulations.

15Within 18 months of the effective date of this section, the
16board shall promulgate regulations to carry out this act.

17Section 2103. Effective date.

18This act shall take effect as follows:

19(1) This section shall take effect immediately.

20(2) Sections 501, 505 and 702 shall take effect in two
21years.

22(3) The remainder of this act shall take effect in 60
23days.