PRINTER'S NO. 992
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
883
Session of
2017
INTRODUCED BY TAYLOR, W. KELLER, MURT, GODSHALL, GALLOWAY,
NEILSON AND D. COSTA, MARCH 17, 2017
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 17, 2017
AN ACT
Providing for licensure of electrical contractors, electricians
and apprentice electricians; establishing the State Board of
Electrical Licensure; providing for powers and duties of the
board; establishing fees, fines and penalties; and making an
appropriation.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Definitions.
Chapter 3. State Board of Electrical Licensure
Section 301. Board.
Section 302. Powers and duties of board.
Chapter 5. Licensure
Section 501. Licensure.
Section 502. Qualifications.
Section 503. Continuing education.
Section 504. Liability insurance.
Section 505. Licensed electrical contractors and electricians
in other states.
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Section 506. Duration of license.
Section 507. Reporting of multiple licensure.
Chapter 7. Administration and Enforcement
Section 701. Fees, fines and civil penalties.
Section 702. Violations.
Section 703. Refusal to issue, suspend or revoke license.
Section 704. Suspensions and revocations.
Section 705. Temporary and automatic suspensions.
Section 706. Reinstatement of license.
Section 707. Surrender of suspended or revoked license.
Section 708. Injunction.
Section 709. Subpoenas and oaths.
Section 710. Municipalities.
Chapter 21. Miscellaneous Provisions
Section 2101. Appropriation.
Section 2102. Regulations.
Section 2103. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Electrical
Contractor, Electrician and Apprentice Electrician Licensure
Act.
Section 102. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The State Board of Electrical Licensure.
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"Commissioner." The Commissioner of Professional and
Occupational Affairs within the Department of State.
"Conviction." The term includes a judgment, an admission of
guilt or a plea of nolo contendere.
"Department." The Department of State of the Commonwealth.
"Director." The Director of the Bureau of Consumer
Protection in the Office of Attorney General or a designee.
"Electrical services." The installation, erection, repair,
removal, maintenance, demolition or alteration of a component of
a premises wiring system as defined in the National Electrical
Code, including work performed on all components of electrical
equipment and systems in buildings and structures and on
premises, on a temporary basis or permanently, for the
generation, transmission, distribution and utilization of
electrical energy. The term does not include installations under
the exclusive control of an electric utility for the purpose of
communications, metering, generation, control, transformation or
distribution of electrical energy on the line side of the
service point.
"Licensed apprentice electrician." An individual who is
registered as an apprentice under the act of July 14, 1961
(P.L.604, No.304), known as The Apprenticeship and Training Act,
and licensed by the State Board of Electrical Licensure as an
individual whose principal occupation is learning and assisting
in the performance of electrical services.
"Licensed electrical contractor." An individual who is
licensed by the State Board of Electrical Licensure and engages
in the business of contracting to perform electrical services.
"Licensed electrician." An individual who is licensed by the
State Board of Electrical Licensure and is authorized to perform
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electrical services.
"Premises wiring system." As follows:
(1) Interior and exterior wiring, including power,
lighting, control and signal circuit wiring together with all
associated hardware, fittings and wiring devices, both
permanently and temporarily installed, including:
(i) Wiring from the service point or power source to
the outlets, including all electrical raceways, cable
assemblies, enclosures, conductors, generation equipment,
utilization/distribution equipment, hangers, supports,
devices and all other parts and components used in
systems to transmit electricity in or on buildings,
structures or on premises.
(ii) Wiring from and including the power source to
the outlets where there is no service point.
(2) Wiring under paragraph (1) does not include wiring
internal to appliances, luminaries, motors, controllers,
motor control centers and similar equipment.
"Service point." The point of connection between the
facilities of a serving utility and a premises wiring system.
CHAPTER 3
STATE BOARD OF ELECTRICAL LICENSURE
Section 301. Board.
(a) Establishment.--The State Board of Electrical Licensure
is established within the department.
(b) Composition.--The board shall consist of the following:
(1) The commissioner.
(2) The director.
(3) Two public members.
(4) One electrical inspector with a minimum of five
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years' experience inspecting electrical services.
(5) Eight professional members. The professional members
must have been actively engaged in providing electrical
services in this Commonwealth for at least 10 years
immediately preceding appointment. Two professional members
must be electrical contractors subject to collective
bargaining agreements. Two professional members must be
electrical contractors not subject to collective bargaining
agreements. Two professional members must be electricians
subject to collective bargaining agreements. Two professional
members must be electricians not subject to collective
bargaining agreements. Except as set forth in subsection (e),
professional members must be licensed under this act as
licensed electrical contractors or licensed electricians,
respectively.
(c) Meeting.--The board shall meet within 30 days after the
appointment of its initial members and shall:
(1) Establish procedures for the board's operation and
administration of this act.
(2) Develop application forms for licensure.
(3) Circulate application forms.
(4) Educate the public regarding the requirements of
this act and providing electrical services in this
Commonwealth.
(d) Term of membership.--Except for the commissioner and the
director or a designee, the following apply to members of the
board:
(1) Members shall be appointed by the Governor with the
advice and consent of the Senate.
(2) Members must be citizens of the United States and
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residents of this Commonwealth.
(3) Except as provided in paragraph (4), members shall
serve a term of four years or until a successor has been
appointed and qualified, but in no event longer than six
months beyond the four-year period. In the event that a
member dies or resigns or otherwise is disqualified during
the term of office, a successor shall be appointed in the
same way and with the same qualifications and shall hold
office for an unexpired term. A member shall not be eligible
to hold more than two consecutive terms.
(4) Members first appointed to the board under this act
shall serve terms of office as follows:
(i) Five members shall serve for terms of four
years.
(ii) Four members shall serve for terms of three
years.
(iii) Two members shall serve for terms of two
years.
(e) Professional members and initial appointments.--Within
180 days of the effective date of this section, the Governor
shall nominate eleven members to initial terms under subsection
(d)(4). A professional member first appointed to the board under
this act need not be licensed at the time of appointment but
must satisfy eligibility requirements for licensure as provided
in this act.
(f) Quorum.--A majority of the current members of the board
shall constitute a quorum. Except for temporary and automatic
suspensions under section 705, a member may not be counted as
part of a quorum or vote on any issue unless the member is
physically in attendance at the meeting.
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(g) Chairperson.--The board shall annually select a
chairperson from among its members.
(h) Expenses.--With the exception of the commissioner and
the director, each member of the board shall receive $60 per
diem when actually attending to the work of the board. A member
shall also receive the amount of reasonable travel, hotel and
other necessary expenses incurred in the performance of the
member's duties in accordance with Commonwealth regulations.
(i) Forfeiture.--Except for the commissioner and the
director, a member who fails to attend three consecutive
meetings shall forfeit the member's seat unless the
commissioner, upon written request from the member, finds the
member should be excused from a meeting because of illness or
the death of a family member.
(j) Training seminars.--Except for the commissioner and the
director, a member who fails to attend two consecutive
statutorily mandated training seminars in accordance with
section 813(e) of the act of April 9, 1929 (P.L.177, No.175),
known as The Administrative Code of 1929, shall forfeit the
member's seat unless the commissioner, upon written request from
the member, finds that the member should be excused from a
meeting because of illness, the death of a family member or
another legitimate reason acceptable to the commissioner.
(k) Frequency of meetings.--The board shall meet at least
four times a year in the City of Harrisburg and at such
additional times as may be necessary to conduct the business of
the board.
Section 302. Powers and duties of board.
The board shall have the following powers and duties:
(1) To provide for and regulate the licensing of
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individuals engaged in the provision of electrical services.
(2) To issue, renew, reinstate, fail to renew, suspend
and revoke licenses as provided for in this act.
(3) To administer and enforce the provisions of this
act.
(4) To contract with a professional testing organization
to administer tests to qualified applicants seeking to be
licensed as licensed electrical contractors, electricians or
apprentice electricians as provided in this act. Written,
oral or practical examinations shall be prepared and
administered by a qualified and approved professional testing
organization in the manner prescribed for written
examinations in section 812.1 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929.
(5) To investigate applications for licensure and to
determine the eligibility of an individual applying for
licensure.
(6) To promulgate and enforce regulations, not
inconsistent with this act, as necessary only to carry into
effect the provisions of this act. This paragraph includes
the setting of fees and the amount of professional liability
insurance required by licensed electrical contractors.
Regulations shall be adopted in conformity with the
provisions of the act of July 31, 1968 (P.L.769, No.240),
referred to as the Commonwealth Documents Law, and the act of
June 25, 1982 (P.L.633, No.181), known as the Regulatory
Review Act.
(7) To keep minutes and records of all transactions and
proceedings.
(8) To keep and maintain a registry of individuals
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licensed by the board. The board shall provide access to the
registry to the public, including making the registry
available via electronic means.
(9) To submit annually to the department an estimate of
financial requirements of the board for administrative, legal
and other expenses.
(10) To submit annually a report to the Consumer
Protection and Professional Licensure Committee of the Senate
and the Professional Licensure Committee of the House of
Representatives. The report shall include a description of
the types of complaints reviewed, status of cases, the action
which has been taken and the length of time from initial
complaint to final resolution.
(11) To submit annually to the Appropriations Committee
of the Senate and the Appropriations Committee of the House
of Representatives, 15 days after the Governor has submitted
a budget to the General Assembly, a copy of the budget
request for the upcoming fiscal year that the board
previously submitted to the department.
CHAPTER 5
LICENSURE
Section 501. Licensure.
(a) General rule.--Except as provided in subsections (d) and
(g), no individual may provide electrical services, offer
himself for employment as an individual who may provide
electrical services or hold himself out as an individual
authorized to provide electrical services unless licensed as a
licensed electrician by the board.
(b) Business entities.--Subject to subsection (g), no
individual, corporation, partnership, firm or other entity may:
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(1) Contract to provide electrical services unless the
individual, corporation, partnership, firm or other entity is
licensed as a licensed electrical contractor in accordance
with this act.
(2) Enter into a contract for the provision of
electrical services with an individual, corporation,
partnership, firm or other entity that is not licensed as a
licensed electrical contractor under this act.
(3) Employ an individual to provide electrical services
or direct an individual to provide electrical services unless
the individual is licensed under this act.
(4) Use the terms "licensed electrician" or "licensed
electrical contractor" or another derivative in connection
with the entity unless at least one employee or the owner of
the entity is licensed as a licensed electrician or licensed
electrical contractor in accordance with this act.
(c) Title.--An individual, corporation, partnership, firm or
other entity who holds a license as:
(1) A licensed electrical contractor, or a licensed
electrical contractor who is maintained on inactive status
under section 506(b), shall have the right to use the title
"licensed electrical contractor" and the abbreviation
"L.E.C." No other individual, corporation, partnership, firm
or other entity shall use the title "licensed electrical
contractor" or the abbreviation "L.E.C."
(2) A licensed electrician, or a licensed electrician
who is maintained on inactive status under section 506(b),
shall have the right to use the title "licensed electrician"
and the abbreviation "L.E." No other individual shall use the
title "licensed electrician" or the abbreviation "L.E."
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(3) A licensed apprentice electrician or a licensed
apprentice electrician who is maintained on inactive status
under section 506(b) shall have the right to use the title
"licensed apprentice electrician" and the abbreviation
"L.A.E." No other individual shall use the title "licensed
apprentice electrician" or the abbreviation "L.A.E."
(d) Apprentice.--A licensed apprentice electrician may hold
himself out as being authorized to provide electrical services
if the licensed apprentice electrician works under the direct
onsite supervision of a licensed electrician, including a
licensed electrical contractor.
(e) Responsibility.--A licensed electrical contractor shall
be responsible for inspecting and supervising electrical
services performed by licensed electricians and licensed
apprentice electricians employed to execute the contract.
(f) Public notice of licensure.--
(1) A licensed electrical contractor shall prominently
display its license number to the public on its official
advertisements, contracts and proposals, letterhead and
vehicles and via any other reasonable means determined by the
board.
(2) An individual licensed under this act shall be
required to carry proof of licensure at all times while
performing electrical services. Such proof of licensure shall
be presented to any code official, emergency responder or law
enforcement official upon request.
(3) The manner and means by which the license
information must be displayed and furnished shall be
established by regulation of the board.
(g) Exceptions to licensure.--This act shall not apply to
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and a license shall not be required for the following:
(l) The replacement of lamps and fuses.
(2) The connection of portable electronic appliances to
permanently installed receptacles.
(3) The installation, erection, repair, maintenance,
removal, demolition or alteration of electrical equipment or
electrical systems for generation, transmission, distribution
or utilization of electrical energy in structures,
facilities, buildings or premises owned or operated by a
railway or the Federal Government.
(4) Commercial radio and television transmission
equipment.
(5) The installation, erection, repair, maintenance,
removal, demolition or alteration of electrical equipment or
electrical systems for the generation, transmission,
distribution or utilization of electrical energy of less than
10 volts.
(6) The installation, erection, repair, maintenance,
removal, demolition or alteration of electrical equipment
under the exclusive control of a public utility or electrical
cooperative corporation where the equipment:
(i) consists of service drops or service laterals
and associated metering;
(ii) is located in legally established easements or
rights-of-way designated by or recognized by public
service commissions, utility commissions, political
subdivisions or other regulatory agencies having
jurisdiction for such installations; or
(iii) is located on property owned or leased by the
public utility or electrical cooperative corporation for
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the purpose of communications, metering, generation,
control, transformation, transmission or distribution of
electric energy.
Section 502. Qualifications.
(a) Licensed electrical contractor.--To be eligible for
licensure as a licensed electrical contractor, an applicant must
fulfill the following requirements:
(1) Be of good moral character.
(2) Be at least 22 years of age.
(3) Submit satisfactory proof to the board that the
applicant has done one of the following:
(i) Successfully completed a program as a licensed
apprentice electrician.
(ii) Completed a program recognized by the board
that trains individuals to provide electrical services.
(iii) Acquired training and experience equivalent to
that specified in subparagraph (i) or (ii), as determined
by regulation of the board.
(4) Pay the fee set by the board.
(5) Pass the examination provided by the board.
(6) Submit satisfactory proof to the board that the
applicant has worked at least 10,000 hours in electrical
construction.
(7) Submit satisfactory proof to the board of the
acquisition of professional liability insurance in an amount
set by the board.
(b) Licensed electrician.--To be eligible for licensure as a
licensed electrician, an applicant must fulfill the following
requirements:
(1) Be of good moral character.
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(2) Be at least 20 years of age.
(3) Submit satisfactory proof to the board that the
applicant has done one of the following:
(i) Successfully completed a program as a licensed
apprentice electrician.
(ii) Completed a program recognized by the board
that trains individuals to provide electrical services.
(iii) Acquired training and experience equivalent to
that specified in subparagraph (i) or (ii), as determined
by regulation of the board.
(4) Pay the fee set by the board.
(5) Pass the examination provided by the board.
(c) Licensed apprentice electrician.--To be eligible for
licensure as a licensed apprentice electrician, an applicant
must fulfill the following requirements:
(1) Be of good moral character.
(2) Be at least 16 years of age.
(3) Register with the Department of Labor and Industry
as set forth in the act of July 14, 1961 (P.L.604, No.304),
known as The Apprenticeship and Training Act. The applicant
shall submit proof of current registration to the board.
(4) Pay the fee set by the board.
(d) Renewal of license of licensed apprentice electrician.--
(1) In the case of a licensed apprentice electrician
applying for renewal of a license where registration under
subsection (c)(3) has expired or otherwise lapsed before the
biennial renewal cycle will expire, the licensed apprentice
electrician shall submit evidence satisfactory to the board
that the licensed apprentice electrician has renewed
registration.
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(2) Failure to notify the board within 30 days that
registration has expired or otherwise lapsed shall subject
the licensed apprentice electrician to disciplinary action.
In the case of a licensed apprentice electrician whose
registration has expired or otherwise lapsed, the license
shall immediately be placed on inactive status by the board.
(3) The board shall promulgate regulations in order to
carry out the provisions of this subsection, including
regulations specifiying the evidence necessary to demonstrate
renewal of registration.
(e) Waiver of examination.--Notwithstanding the provisions
of subsections (a)(5) and (b)(5), the board may grant a license
to an individual applying for a license under this act without
examination if:
(1) The individual applies within one year of the
effective date of section 501.
(2) The individual meets the requirement of age and
character and pays the required fee.
(3) For an individual applying for a license as a
licensed electrician under this subsection, the individual
either:
(i) submits proof satisfactory to the board of being
a current holder of an electrician license issued by a
municipality of this Commonwealth, provided that the
licensing requirements of the municipality are not less
restrictive than this act or regulation of the board; or
(ii) submits proof satisfactory to the board of at
least five years of prior experience providing electrical
services.
(4) For an individual applying for a license as a
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licensed electrical contractor under this subsection, the
individual submits proof satisfactory to the board of
currently holding an electrical contractor license issued by
a municipality of this Commonwealth.
(f) Convictions prohibited.--The board may not issue a
license to an individual who has been convicted of a felonious
act prohibited by the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and Cosmetic
Act, or convicted of a felony related to a controlled substance
in a court of law of the United States or any other state,
territory or country unless:
(1) At least 10 years have elapsed from the date of
conviction.
(2) The individual satisfactorily demonstrates to the
board that the individual has made significant progress in
personal rehabilitation since the conviction such that
licensure of the individual should not be expected to create
a substantial risk of harm to the health and safety of the
public or a substantial risk of further criminal violations.
(3) The individual otherwise satisfies the
qualifications provided in this act. An individual's
statement on the application declaring the absence of a
conviction shall be deemed satisfactory evidence of the
absence of a conviction unless the board has evidence to the
contrary.
(g) Death or disability of licensed electrical contractor
and continuance of business.--In the event of the death, illness
or other physical disability of a licensee who qualified a
business as a licensed electrical contractor, a person may
continue to conduct the business as an electrical contractor for
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at least six months following the date of the licensee's death,
illness or other physical disability as long as the business is
conducted under qualified supervision as the board deems
adequate.
Section 503. Continuing education.
(a) Regulations.--
(1) The board shall adopt, promulgate and enforce rules
and regulations consistent with the provisions of this act
establishing continuing education to be met by individuals
licensed as electrical contractors and electricians under
this act. Regulations shall include any fees necessary for
the board to carry out its responsibilities under this
section.
(2) The board may waive all or part of the continuing
education requirement for an individual who submits evidence
satisfactory to the board that the individual was unable to
complete the requirement due to illness, emergency, military
service or other hardship.
(3) All courses, materials, locations and instructors
shall be approved by the board.
(4) No credit shall be given for a course in office
management or practice building.
(b) Requirement.--Beginning with the licensure period
designated by regulation:
(1) An individual applying for renewal of a license as a
licensed electrical contractor must obtain 24 hours of
continuing education during the three calendar years
immediately preceding the application for renewal.
(2) An individual applying for renewal of a license as a
licensed electrician must obtain 12 hours of continuing
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education during the three calendar years immediately
preceding the application for renewal.
Section 504. Liability insurance.
(a) General rule.--As a condition of triennial renewal, a
licensed electrical contractor shall submit evidence
satisfactory to the board of the acquisition and maintenance of
professional liability insurance in the amount set by the board.
(b) Inactive status.--
(1) In the case of the insurance being revoked, canceled
or otherwise lapsing, the electrical contractor shall notify
the board in writing within 30 days. In such a case, the
board shall immediately place the license of a licensed
electrical contractor on inactive status.
(2) Failure to notify the board in writing within 30
days as required under paragraph (1) shall subject the
licensed electrical contractor to disciplinary action.
Section 505. Licensed electrical contractors and electricians
in other states.
(a) Reciprocity established.--Subject to subsection (b), the
board may issue a license without examination to an individual
who is licensed as an electrical contractor or electrician in
any other state, territory or possession of the United States if
all of the following requirements are met:
(1) The individual meets the requirements as to
character, age and absence of convictions.
(2) The individual pays the required fee.
(3) The standards for licensure in the other state,
territory or possession meet or exceed the standards
specified in this act.
(b) Requirement.--For an individual to be eligible to apply
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for a license as a licensed electrical contractor or licensed
electrician under subsection (a), the other state, territory or
possession of the United States must provide an opportunity for
reciprocal licensure which is substantially similar to the
opportunity provided by the Commonwealth under this section.
Section 506. Duration of license.
(a) Duration of license.--
(1) A license issued under this act shall be on a
triennial basis. The triennial expiration date shall be
established by regulation of the board.
(2) Application for renewal of a license shall
triennially be forwarded to an individual holding a current
license prior to the expiration date of the current
triennium.
(3) For individuals applying for licensure or renewal of
licensure as a licensed apprentice electrician, the
application form must indicate whether registration as an
apprentice under the act of July 14, 1961 (P.L.604, No.304),
known as The Apprenticeship and Training Act, has expired or
otherwise lapsed before the triennial renewal cycle will
expire.
(b) Inactive status.--
(1) An individual licensed under this act may request an
application for inactive status. The application form may be
completed and returned to the board.
(2) Upon receipt of an application, the individual shall
be maintained on inactive status without fee and shall be
entitled to apply for a licensure renewal at any time.
(3) An individual who requests the board to activate the
individual's license and has been on inactive status shall,
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prior to receiving an active license, satisfy the
requirements of the board's regulations regarding continuing
education and remit the required fee.
(4) In the case of a licensed apprentice electrician who
is placed on inactive status under section 502(d), the
licensed apprentice electrician shall provide evidence to the
board of renewal of registration before the board may
activate the license.
(5) The board shall promulgate regulations to carry into
effect the provisions of this subsection.
Section 507. Reporting of multiple licensure.
(a) Duty to report.--A licensee who is licensed as an
electrical contractor or electrician in another state,
territory, possession of the United States or country shall
report this information to the board on the triennial
registration application. Disciplinary action taken in another
state, territory, possession of the United States or country
shall be reported to the board on the triennial registration
application or within 90 days of final disposition, whichever is
sooner.
(b) Notice to other states.--Multiple licensure shall be
noted by the board on the individual's record and the state,
territory, possession of the United States or country shall be
notified by the board of disciplinary action taken against the
licensee in this Commonwealth.
CHAPTER 7
ADMINISTRATION AND ENFORCEMENT
Section 701. Fees, fines and civil penalties.
(a) Fees.--
(1) Fees required under this act shall be fixed by the
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board by regulation and shall be subject to the act of June
25, 1982 (P.L.633, No.181), known as the Regulatory Review
Act.
(2) If the revenues raised by the fees, fines and civil
penalties imposed under this act are insufficient to meet
expenditures over a three-year period, the board shall
increase those fees by regulation so that projected revenues
will meet or exceed projected expenditures.
(b) Fee increase.--If the Bureau of Professional and
Occupational Affairs determines that the fees established by the
board under subsection (a) are insufficient to meet the minimum
enforcement efforts required by this act, the bureau, after
consultation with the board and subject to the Regulatory Review
Act, shall increase the fees by regulation in an amount such
that adequate revenues are raised to meet the required
enforcement effort.
(c) Account.--Fees, fines and civil penalties imposed in
accordance with this act shall be paid into the Professional
Licensure Augmentation Account established under and for use in
accordance with the act of July 1, 1978 (P.L.700, No.124), known
as the Bureau of Professional and Occupational Affairs Fee Act.
(d) Renewal fee.--The board may charge a fee, as set by the
board by regulation, for licensure, for renewing licensure and
for other services of the board as permitted by this act or by
regulation.
Section 702. Violations.
(a) General rule.--An individual or the responsible officer
or employee of a corporation, partnership, firm or other entity
who violates a provision of this act or a regulation of the
board commits a misdemeanor of the third degree and shall, upon
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conviction, be sentenced to pay a fine of not more than $2,000
or to imprisonment for not more than six months for the first
violation. For the second and each subsequent conviction, the
person convicted shall be sentenced to pay a fine of not less
than $2,000 nor more than $5,000 or to imprisonment for not less
than six months nor more than one year, or both.
(b) Civil penalty.--In addition to any other civil remedy or
criminal penalty provided for in this act, the board by a vote
of the majority of the maximum number of the authorized
membership of the board as provided by law or by a vote of the
majority of the qualified and confirmed membership or a minimum
of five members, whichever is greater, may levy a civil penalty
of up to $10,000 for any of the following:
(1) A licensee who violates a provision of this act or
regulation of the board.
(2) An individual who performs or contracts to perform
electrical services in violation of this act.
(3) An individual who holds himself out as an individual
authorized to perform electrical services without being
properly licensed as provided for in this act.
(4) The responsible officers or employees of a
corporation, partnership, firm or other entity violating a
provision of this act.
(c) Procedure.--The board shall levy the civil penalty
specified in subsection (b) only after affording the accused the
opportunity for a hearing as provided for in 2 Pa.C.S. (relating
to administrative law and procedure).
Section 703. Refusal to issue, suspend or revoke license.
(a) General rule.--The board may refuse to issue or suspend
or revoke a license in a case where the board finds:
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(1) The licensee is negligent or incompetent in the
performance of electrical services.
(2) The licensee is unable to perform electrical
services with reasonable skill and safety by reason of mental
or physical illness or condition or physiological or
psychological dependence upon alcohol, hallucinogenic or
narcotic drugs or other drugs which tend to impair judgment
or coordination, as long as the dependence continues. In
enforcing this paragraph, the board may, upon probable cause,
compel a licensee to submit to a mental or physical
examination as designated by the board. After notice,
hearing, adjudication and appeal, failure of a licensee to
submit to an examination when directed shall constitute an
admission of the allegations unless failure is due to
circumstances beyond the licensee's control, consequent upon
which a default and final order may be entered without the
taking of testimony or presentation of evidence. An
individual affected under this paragraph shall at reasonable
intervals be afforded the opportunity to demonstrate that the
individual can resume competent, safe and skillful
performance of electrical services.
(3) The licensee has violated a provision of this act or
a regulation of the board.
(4) The licensee has committed fraud or deceit in:
(i) the performance of electrical services; or
(ii) securing licensure.
(5) The licensee has been convicted of a felony or a
crime of moral turpitude or been convicted of a misdemeanor
related to providing electrical services or received
probation without verdict, disposition in lieu of trial or an
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Accelerated Rehabilitative Disposition in the disposition of
felony charges, in the courts of this Commonwealth, the
United States, or another state, territory, possession of the
United States or country.
(6) The licensee has had the licensee's license to
practice as an electrician or electrical contractor suspended
or revoked or has received other disciplinary action by the
proper licensing authority in another state, territory,
possession of the United States or country.
(7) With respect to the provision of electrical
services, the licensee has acted in such a manner as to
present an immediate and clear danger to health, safety or
property.
(8) The licensed electrical contractor failed to
properly direct and supervise licensed electricians and
licensed apprentice electricians who perform under a
contract.
(9) In the case of a licensed electrician responsible
for the direct onsite supervision of a licensed apprentice
electrician, the licensed electrician failed to provide the
proper supervision.
(10) The licensee possessed, used, acquired or
distributed a controlled substance.
(11) The licensee has been guilty of unprofessional
conduct, including, but not limited to, departure from or
failing to conform to operating practices or professional
standards embraced by the licensed electricians' community in
this Commonwealth and failing to conform to recognized
electrical safety standards, including the National
Electrical Code in effect in this Commonwealth, and
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applicable municipal ordinances related to health and safety.
In a proceeding based on this paragraph, actual injury to a
person or damage to property need not be established.
(12) The licensee falsely advertised or made misleading,
deceptive, untrue or fraudulent material representations
regarding licensure or in the performance of electrical
services.
(13) Unless waived by the board in accordance with
section 503, the licensee failed to satisfy the continuing
education requirements of this act.
(b) Acts authorized.--When the board finds that the license
of an individual may be refused, suspended or revoked under
subsection (a), the board may:
(1) Deny the application for a license.
(2) Impose a fine.
(3) Administer a public reprimand.
(4) Suspend, revoke, limit or otherwise restrict a
license.
(5) Require a licensee to submit to the care, counseling
or treatment of a physician or a psychologist designated by
the board.
(6) Suspend enforcement of its finding and place a
licensee on probation with the right to vacate the
probationary order for noncompliance.
(7) Restore or reissue, in its discretion, a suspended
license and impose any disciplinary or corrective measure
which it might originally have imposed.
Section 704. Suspensions and revocations.
A suspension or revocation shall be made only in accordance
with the regulations of the board and only by majority vote of
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the members of the board after a hearing. An action of the board
shall be taken subject to the right of notice, hearing and
adjudication, and the right of appeal, in accordance with the
provisions of 2 Pa.C.S. (relating to administrative law and
procedure). The board, by majority action and in accordance with
its regulations, may reissue a license which has been suspended.
If a license has been revoked, the board shall reissue a license
only in accordance with section 706.
Section 705. Temporary and automatic suspensions.
(a) Procedure.--
(1) A license issued under this act may be temporarily
suspended under circumstances determined by the board to be
an immediate and clear danger to public health, safety or
property. The board shall issue an order of temporary
suspension without a hearing, but upon due notice, to the
licensee concerned at the licensee's last known address,
which shall include a written statement of all allegations
against the licensee. The provisions of section 704 shall not
apply to temporary suspension.
(2) The board shall commence formal action to suspend,
revoke or restrict the license of the individual as otherwise
provided for in this act.
(3) All actions shall be taken promptly and without
delay.
(4) Within 30 days following the issuance of an order
temporarily suspending a license, the board shall conduct or
cause to be conducted a preliminary hearing to determine if
there is a prima facie case supporting the suspension. The
individual whose license has been temporarily suspended may
be present at the preliminary hearing and may be represented
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by counsel, cross-examine witnesses, inspect physical
evidence, call witnesses, offer evidence and testimony and
make a record of the proceedings.
(5) If it is determined that there is not a prima facie
case, the suspended license shall be immediately restored.
The temporary suspension shall remain in effect until vacated
by the board, but in no event longer than 180 days.
(b) Commitment of licensee.--
(1) A license issued under this act shall automatically
be suspended upon the legal commitment of a licensee to an
institution because of mental incompetence from any cause
upon filing with the board a certified copy of such
commitment, conviction of a felony under the act of April 14,
1972 (P.L.233, No.64), known as The Controlled Substance,
Drug, Device and Cosmetic Act, or conviction of an offense
under the laws of another jurisdiction, which, if committed
in this Commonwealth, would be a felony under The Controlled
Substance, Drug, Device and Cosmetic Act.
(2) Automatic suspension under this subsection shall not
be stayed pending an appeal of a conviction.
(3) Restoration of the license shall be made as provided
in the case of revocation or suspension of a license.
Section 706. Reinstatement of license.
Unless ordered to do so by Commonwealth Court or an appeal
therefrom, the board may not reinstate an individual's license
that has been revoked. An individual whose license has been
revoked may reapply for a license, after a period of at least
five years, but must meet all of the licensing requirements of
this act.
Section 707. Surrender of suspended or revoked license.
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An individual whose license has been suspended or revoked
shall return the license in such manner as the board directs.
Failure to do so, and upon conviction thereof, shall be a
misdemeanor of the third degree.
Section 708. Injunction.
Whenever, in the judgment of the board, a person has engaged
in an act or practice that constitutes or will constitute a
violation of this act, the board or its agents may make
application to the appropriate court for an order enjoining the
act or practice. Upon a showing by the board that the person has
engaged or is about to engage in the act or practice, an
injunction, restraining order or such order as may be
appropriate shall be granted by the court. The remedy by
injunction is in addition to any other civil or criminal
prosecution and punishment.
Section 709. Subpoenas and oaths.
(a) Authority granted.--
(1) The board may issue subpoenas, upon application of
an attorney responsible for representing the Commonwealth in
disciplinary matters before the board, for the purpose of
investigating alleged violations of this act or regulation of
the board. The board may subpoena witnesses, administer
oaths, examine witnesses and take such testimony or compel
the production of such books, records, papers and documents
as it may deem necessary or proper in and pertinent to any
proceeding, investigation or hearing held or had by it.
(2) The board may apply to Commonwealth Court to enforce
its subpoenas.
(3) The court may impose limitations in the scope of the
subpoena as is necessary to prevent unnecessary intrusion
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into client confidential information.
(b) Disciplinary matters.--An attorney authorized to
represent the Commonwealth in disciplinary matters before the
board shall maintain current records of all reported alleged
violations and shall periodically review the records for the
purpose of determining that each alleged violation has been
resolved in a timely manner.
Section 710. Municipalities.
(a) Municipal license prohibited.--
(1) Licensure under this act shall be acceptable to a
municipality in this Commonwealth as proof of competence to
perform electrical services, and no municipality may require
an individual licensed under this act to obtain an additional
license to perform electrical services.
(2) Unless otherwise provided in this act, a local
ordinance or regulation concerning the qualifications,
fitness and competence of individuals to perform electrical
services is preempted and superseded.
(b) Certain powers preserved.--Nothing in this act shall be
construed to prevent a municipality from:
(1) levying lawful taxes and fees;
(2) requiring the purchase of a business privilege
license that is unrelated to demonstrating competence in the
performance of electrical services;
(3) denying or revoking permits for failing to comply
with ordinances which are not inconsistent with this act or
regulation of the board;
(4) enforcing ordinances related to health and safety;
or
(5) pursuant to an ordinance, inspecting or regulating
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the manner in which electrical services are performed.
CHAPTER 21
MISCELLANEOUS PROVISIONS
Section 2101. Appropriation.
The sum of $85,000, or as much as may be necessary, is
appropriated from the Professional Licensure Augmentation
Account to the Department of State for the payment of costs
associated with processing licenses and renewing licenses, for
the operation of the board and for other costs associated with
this act. The appropriation shall be repaid by the board within
three years of the beginning of issuance of licenses by the
board.
Section 2102. Regulations.
Within 18 months of the effective date of this section, the
board shall promulgate regulations to administer this act.
Section 2103. Effective date.
This act shall take effect as follows:
(1) This section shall take effect immediately.
(2) Sections 501, 505 and 702 shall take effect in two
years.
(3) The remainder of this act shall take effect in 60
days.
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