PRINTER'S NO. 244
No. 245 Session of 2001
INTRODUCED BY GODSHALL, BELARDI, BELFANTI, CORNELL, FICHTER,
NAILOR, STEELMAN, E. Z. TAYLOR AND C. WILLIAMS,
JANUARY 29, 2001
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
JANUARY 29, 2001
AN ACT
1 Regulating the licensure of electrical contractors; establishing
2 the 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. Severability.
14 Section 26. Effective date.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Short title.
18 This act shall be known and may be cited as the Electrical
19 Contractors Licensing Act.
20 Section 2. Definitions.
21 The following words and phrases when used in this act shall
22 have the meanings given to them in this section unless the
23 context clearly indicates otherwise.
24 "Board." The State Board of Examiners of Electrical
25 Contractors under the Bureau of Professional and Occupational
26 Affairs within the Department of State.
27 "Board-approved program." A program of educational
28 preparation and training in electrical contracting services
29 approved by the Department of Labor and Industry.
30 "Commissioner." The Commissioner of Professional and
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1 Occupational Affairs.
2 "Electrical contractor." A person who engages in the
3 business of contracting to install, erect, repair or alter
4 electrical equipment for the generation, transmission or
5 utilization of electrical energy.
6 "Employ," "employed," "employee" and "employment." These
7 terms shall apply to the relationship of independent contractor
8 as well as to the relationship of employment.
9 "Journeyman electrician." An individual employed by an
10 electrical contractor to perform electrical construction and
11 installation services.
12 "Person." A natural person, firm, corporation or other legal
13 entity.
14 "Practice of electrical contracting." Holding oneself out to
15 the public by any title or description of services incorporating
16 the term "licensed electrical contractor" or using any words or
17 symbols indicating or tending to indicate that the person is a
18 licensed electrical contractor and, under such description,
19 offering to contract or contracting to install, erect, repair or
20 alter electrical equipment for the generation, transmission or
21 utilization of electrical energy.
22 "Registered apprentice." A State-licensed individual who is
23 employed by an electrical contractor and who meets the
24 requirements of this act to be issued an apprenticeship permit.
25 "State-licensed electrical contractor." An electrical
26 contractor who holds a current license under this act and who
27 engages in the practice of electrical contracting.
28 "State-licensed journeyman electrician." An individual
29 employed by a State-licensed electrical contractor who holds a
30 current license under this act to perform electrical
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1 construction and installation services.
2 Section 3. State Board of Examiners of Electrical Contractors.
3 (a) Establishment.--There is hereby established the State
4 Board of Examiners of Electrical Contractors, a departmental
5 administrative board in the Department of State. The board shall
6 consist of 11 members who are citizens of the United States and
7 who have been residents of this Commonwealth for a two-year
8 period, two of whom shall be public members, six of whom shall
9 be qualified electrical contractors with experience of not less
10 than ten years as an electrical contractor, one of whom shall be
11 a qualified electrical inspector with experience of not less
12 than five years as an electrical inspector, one of whom shall be
13 the Commissioner of the Bureau of Professional and Occupational
14 Affairs, and one of whom shall be the Director of the Bureau of
15 Consumer Protection in the Office of Attorney General, or his
16 designee. Three of the electrical contractor members shall be
17 signatories to collective bargaining agreements and the
18 remaining three shall be nonsignatories.
19 (b) Terms of office.--The members shall serve for four-year
20 terms, except as provided in subsection (c), and shall be
21 appointed by the Governor and with the advice and consent of a
22 majority of the members elected to the Senate.
23 (c) Initial appointments.--Within 90 days of the effective
24 date of this act, the Governor shall nominate two electrical
25 contractors and one public member to serve four-year terms; two
26 electrical contractors and one electrical inspector to serve
27 three-year terms; and two electrical contractors and one public
28 member to serve two-year terms.
29 (d) Continuation in office.--Each board member shall
30 continue in office until a successor is duly appointed and
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1 qualified but no longer than six months after the expiration of
2 the term. In the event that a board member dies, resigns or
3 otherwise becomes disqualified during the term of office, a
4 successor shall be appointed in the same way and with the same
5 qualifications as set forth in this section and shall hold
6 office for the unexpired portion of the unexpired term.
7 (e) Limit on terms.--No board member shall be eligible for
8 appointment to serve more than two consecutive four-year terms.
9 (f) Forfeiture of membership.--A board member who fails to
10 attend three consecutive meetings shall forfeit that member's
11 seat unless the commissioner, upon written request from the
12 member, finds that the member shall be excused from a meeting
13 because of illness or the death of a family member.
14 (g) Compensation.--Each member of the board, except the
15 commissioner, and the Director of the Bureau of Consumer
16 Protection, shall receive $60 per diem when actually attending
17 to the work of the board. Members shall also receive reasonable
18 traveling, hotel and other necessary expenses incurred in the
19 performance of their duties in accordance with Commonwealth
20 regulations.
21 (h) Forfeiture for nonattendance.--A public member who fails
22 to attend two consecutive statutorily mandated training seminars
23 in accordance with section 813(e) of the act of April 9, 1929
24 (P.L.177, No.175), known as The Administrative Code of 1929,
25 shall forfeit that public member's seat unless the commissioner,
26 upon written request from the public member, finds that the
27 public member should be excused from a meeting because of
28 illness or the death of a family member.
29 (i) Quorum.--A majority of the members serving in accordance
30 with law shall constitute a quorum for purposes of conducting
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1 the business of the board. Except for temporary and automatic
2 suspensions, a member may not be counted as part of a quorum or
3 vote on any issue unless that member is physically in attendance
4 at the meeting.
5 (j) Meetings.--The board shall meet at least four times a
6 year in Harrisburg.
7 (k) Notice.--Reasonable notice of all meetings shall be
8 given in conformity with 65 Pa.C.S. Ch. 7 (relating to open
9 meetings).
10 (l) Operating procedures.--The board shall meet within 30
11 days after the appointment of initial members and set up
12 operating procedures and application forms for licensing
13 electrical contractors and journeyman electricians, and for
14 issuing registration permits to apprentices. It shall be the
15 responsibility of the board to circulate these forms and educate
16 the public to the requirements of licensing in order to hold
17 oneself out as a State-licensed electrical contractor within
18 this Commonwealth.
19 Section 4. Powers and functions of board.
20 The board shall have the following powers:
21 (1) To pass upon the qualifications and fitness of
22 applicants for licenses and reciprocal licenses and to adopt
23 and revise rules and regulations requiring applicants to pass
24 examinations relating to their qualifications as a
25 prerequisite to the issuance of a license.
26 (2) To adopt and, from time to time, revise those rules
27 and regulations as may be necessary to carry into effect
28 provisions of this act. The regulations shall include, but
29 shall not be limited to, standards of professional practice
30 and conduct for licenses and registrations issued under this
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1 act.
2 (3) To examine for, deny, approve, issue, revoke,
3 suspend or renew licenses and registrations authorized
4 pursuant to this act and to conduct hearings in connection
5 therewith.
6 (4) To conduct hearings upon complaints concerning
7 violations of this act and the rules and regulations adopted
8 pursuant to this act and seek the prosecution and enjoinder
9 of all such violations.
10 (5) To expend moneys necessary to the proper carrying
11 out of its assigned duties.
12 (6) To waive examination and grant a license in cases
13 deemed exceptional by the board and in accordance with
14 regulations promulgated by the board.
15 (7) To submit annually a report, to the Consumer
16 Protection and Professional Licensure Committee of the Senate
17 and the Professional Licensure Committee of the House of
18 Representatives, containing a description of the complaints
19 received, status of the cases, board action which has been
20 taken and length of time from the initial complaint to final
21 board resolution.
22 (8) To submit annually to the Appropriation Committee of
23 the Senate and the Appropriation Committee of the House of
24 Representatives, 15 days after the Governor has submitted the
25 budget to the General Assembly, a copy of the budget request
26 for the upcoming fiscal year which the board previously
27 submitted to the Department of State.
28 Section 5. License required.
29 It shall be unlawful for any person to hold himself forth as
30 a State-licensed electrical contractor unless that person shall
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1 first have obtained a license in accordance with this act. The
2 licensee shall assume full responsibility for inspection and
3 supervision of all electrical work to be performed in accordance
4 with recognized safety standards adopted by regulation of the
5 board.
6 Section 6. Qualifications for license.
7 (a) Electrical contractor's license.--No person shall be
8 granted an electrical contractor's license under this act or
9 hold himself out as a State-licensed electrical contractor
10 unless that person submits proof satisfactory to the board of
11 the following:
12 (1) Good moral character.
13 (2) The person has been employed or engaged in the
14 business of electrical construction and installation or has
15 equivalent practical experience for a period of not less than
16 five years preceding the time of the application, or shall
17 otherwise demonstrate, pursuant to regulations of the board,
18 a combination of education and experience, which may include
19 the acquisition of a journeyman electrician's license, which
20 qualifies the person to take the examination for a license.
21 (3) Payment of the appropriate fees.
22 (4) Passage of the required examination.
23 (b) Journeyman electrician license.--An employee of a State-
24 licensed electrical contractor who performs and supervises
25 electrical construction and installation services and who does
26 not qualify to take the examination required under subsection
27 (a) shall apply to the board for a license as a journeyman
28 electrician. A person may be granted a license as a journeyman
29 electrician if that person submits proof satisfactory to the
30 board of the following:
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1 (1) Good moral character.
2 (2) The completion of a board-approved program or at
3 least four years' practical experience acceptable to the
4 board as a registered apprentice which qualifies him or her
5 to take the examination.
6 (3) Payment of the appropriate fees.
7 (4) Passage of the required examination.
8 Section 7. Apprenticeship permit.
9 (a) Permit required.--A person employed by a State-licensed
10 electrical contractor who does not qualify for the journeyman
11 license shall register with the board and obtain the
12 apprenticeship permit. An apprenticeship permit authorizes the
13 holder to assist a State-licensed electrical contractor or
14 State-licensed journeyman electrician for purposes of training
15 and instruction.
16 (b) Requirement for permit.--State-licensed electrical
17 contractors shall submit annually to the board a report listing
18 the name, address, Social Security number and period of
19 employment of all apprentices in their employ. Work performed by
20 the holder of an apprenticeship permit shall be performed only
21 under the direct, onsite supervision of a State-licensed
22 electrical contractor or State-licensed journeyman electrician.
23 Application shall be made within 30 days of employment to
24 perform electrical work.
25 (c) Renewal and education.--Apprentices registered with the
26 board may enroll in a board-approved program of instruction.
27 Permits shall be renewed annually upon payment of the required
28 fee. State-licensed electrical contractors shall document,
29 pursuant to board regulations, that registered apprentices in
30 their employ receive instruction in current requirements of the
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1 National Electrical Code.
2 Section 8. Examination required.
3 (a) General rule.--The board may require an applicant for a
4 license to take and pass an examination to the satisfaction of
5 the board. The board shall contract with a professional testing
6 service for the preparation, development, administration and
7 grading of the examination. Written, oral and practical
8 examinations shall be prepared and administered by a qualified
9 and approved professional testing organization in the manner
10 prescribed under section 812.1 of the act of April 9, 1929
11 (P.L.177, No.175), known as The Administrative Code of 1929.
12 (b) Exemption from examination.--The requirements of
13 subsection (a) shall not apply and a license shall be issued
14 without examination to an individual who submits an application
15 for license, accompanied by the required fee, within two years
16 of the effective date of this act, who is a resident of this
17 Commonwealth, who submits proof of being employed or engaged in
18 the business of electrical contracting within this Commonwealth
19 for a period of at least six years prior to the effective date
20 of this act and who demonstrates, to the satisfaction of the
21 board, that his or her principal business or employment, for at
22 least two years immediately preceding the date of application,
23 was that of an electrical contractor or a journeyman
24 electrician.
25 Section 9. Reciprocity.
26 The board shall have the power to grant a reciprocal license
27 to an applicant who is licensed or certified as an electrical
28 contractor or journeyman electrician in another state and who
29 demonstrates qualifications which equal or exceed those required
30 pursuant to this act in the determination of the board, provided
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1 that no license shall be granted under this section to an
2 applicant unless the state in which the applicant is licensed
3 affords reciprocal treatment to persons who are residents of
4 this Commonwealth and who are licensed pursuant to this act.
5 Section 10. Continuing education.
6 The board may promulgate regulations establishing continuing
7 education to be met by individuals seeking to renew licenses
8 issued under this act. State-licensed electrical contractors and
9 State-licensed journeymen electricians shall, during the two-
10 year period immediately preceding biennial renewal of licenses
11 issued under this act, complete a program of continuing
12 education in the requirements of the National Electrical Code,
13 as defined by and acceptable to the board, except that no credit
14 may be given for courses in office management or practice
15 building.
16 Section 11. Refusal, suspension and revocation of license.
17 (a) Grounds.--The board may refuse, suspend, revoke, limit
18 or restrict a license or issue a public reprimand for any of the
19 following:
20 (1) Securing a license by fraud, deceit or
21 misrepresentation.
22 (2) Being unfit or unable to engage in electrical
23 contracting by reason of illness, drunkenness, excessive use
24 of drugs, narcotics, chemicals or any other type of material,
25 or as a result of any mental or physical condition. In
26 enforcing this paragraph, the board shall, upon probable
27 cause, have authority to compel a licensee to submit to a
28 mental or physical examination by a physician approved by the
29 board. Failure to submit to such examination when directed by
30 the board, unless such failure is due to circumstances beyond
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1 the control of the licensee, shall constitute an admission of
2 the allegations against the licensee, consequent upon which a
3 default and final order may be entered without the taking of
4 testimony or presentation of evidence. A licensee affected
5 under this paragraph shall at reasonable intervals, as
6 determined by the board, be afforded an opportunity to
7 demonstrate that the licensee can resume the competent
8 practice of electrical contracting with reasonable skill and
9 safety.
10 (3) Engaging in false, deceptive or fraudulent business
11 activities or in misleading advertising.
12 (4) Violating a provision of this act or regulations of
13 the board.
14 (5) Committing an act of negligence or incompetence or
15 authorizing such an act by an employee.
16 (6) Failing to properly supervise employees in
17 accordance with this act and with recognized electrical
18 safety standards of the National Electrical Code in effect at
19 the time an act is committed, or authorizing an unlicensed
20 individual to assume responsibility for supervisory work.
21 (7) Failing to secure an inspection of electrical
22 construction as required by law.
23 (8) Failing to perform electrical construction in
24 conformance with standards in effect in the municipality
25 wherein the services were performed or, in the absence of
26 such standards, in conformance with standards of the National
27 Electrical Code.
28 (9) Failing to comply with a municipal ordinance
29 concerning the inspection of electrical work and services, or
30 the manner in which the municipality requires electrical work
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1 to be performed.
2 (10) Being convicted of a felony in the courts of any
3 jurisdiction, or being convicted of a misdemeanor related to
4 electrical contracting in any jurisdiction. As used in this
5 section, the term "convicted" includes a finding or verdict
6 of guilt, an admission of guilt or a plea of nolo contendere,
7 or receiving probation without verdict, disposition in lieu
8 of trial or an accelerated rehabilitative disposition in the
9 disposition of felony charges.
10 (11) Having a license to perform electrical contracting
11 or electrical construction services suspended, revoked or
12 refused or receiving other disciplinary action by the proper
13 licensing authority of any other state, territory, possession
14 or country.
15 (b) Board action.--When the board finds that the license or
16 application for license of any person may be refused, revoked,
17 restricted or suspended under the terms of subsection (a), the
18 board may:
19 (1) Deny the application for a license.
20 (2) Administer a public reprimand.
21 (3) Revoke, suspend, limit or otherwise restrict a
22 license as determined by the board.
23 (4) Suspend enforcement of its findings thereof and
24 place a licensee on probation with the right to vacate the
25 probationary order for noncompliance.
26 (5) Restore a suspended license and impose any
27 disciplinary or corrective measure which it might originally
28 have imposed.
29 (c) Hearing.--All actions of the board shall be taken
30 subject to the right of notice, hearing and adjudication and the
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1 right of appeal therefrom in accordance with 2 Pa.C.S. (relating
2 to administrative law and procedure).
3 (d) Temporary suspension.--
4 (1) The board shall temporarily suspend a license under
5 circumstances as determined by the board to be an immediate
6 and clear danger to the public health and safety. The board
7 shall issue an order to that effect without a hearing, but
8 upon due notice to the licensee concerned at the licensee's
9 last known address, which shall include a written statement
10 of all allegations against the licensee. The provisions of
11 subsection (c) shall not apply to temporary suspension.
12 (2) The board shall thereupon commence formal action to
13 suspend, revoke or restrict the license of the person
14 concerned as otherwise provided for in this act. All actions
15 shall be taken promptly and without delay.
16 (3) Within 30 days following the issuance of an order
17 temporarily suspending a license, the board shall conduct, or
18 cause to be conducted, a preliminary hearing to determine if
19 there is a prima facie case supporting the suspension. The
20 licensee whose license has been temporarily suspended may be
21 present at the preliminary hearing and may be represented by
22 counsel, cross-examine witnesses, inspect physical evidence,
23 call witnesses, offer evidence and testimony and make a
24 record of the proceedings.
25 (4) If it is determined that there is not a prima facie
26 case, the suspended license shall be immediately restored.
27 The temporary suspension shall remain in effect until vacated
28 by the board but in no event longer than 180 days.
29 (e) Automatic suspension.--A license issued under this act
30 shall automatically be suspended upon the legal commitment of a
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1 licensee to an institution because of mental incompetence from
2 any cause upon filing with the board a certified copy of the
3 commitment, conviction of a felony under the act of April 14,
4 1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
5 Device and Cosmetic Act, or conviction of an offense under the
6 laws of another jurisdiction, which, if committed in this
7 Commonwealth, would be a felony under The Controlled Substance,
8 Drug, Device and Cosmetic Act. As used in this section, the term
9 "conviction" shall include a judgment, an admission of guilt or
10 a plea of nolo contendere. Automatic suspension under this
11 section shall not be stayed pending an appeal of conviction.
12 Restoration of the license shall be made as provided in this act
13 for revocation or suspension of the license.
14 Section 12. Reinstatement of license.
15 Unless otherwise ordered to do so by Commonwealth Court or an
16 appeal therefrom, the board shall not reinstate the revoked
17 license of a person to practice as a State-licensed electrical
18 contractor or State-licensed journeyman electrician pursuant to
19 this act. Any person whose license has been revoked may apply
20 for reinstatement, after a period of at least five years, but
21 must meet all of the licensing qualifications of this act,
22 including the examination requirement, if the person desires to
23 practice as a State-licensed electrical contractor or State-
24 licensed journeyman electrician pursuant to this act at any time
25 after the revocation.
26 Section 13. Reporting of multiple licensure.
27 Any State-licensed electrical contractor or State-licensed
28 journeyman electrician in this Commonwealth who is also licensed
29 in any other state, territory or country shall report this
30 information to the board on the biennial renewal application.
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1 Any disciplinary action taken in any other state, territory or
2 country shall be reported to the board on the biennial renewal
3 application, or within 90 days of disposition, whichever is
4 sooner. Multiple licensure shall be noted by the board on the
5 licensee's record, and the state, territory or country shall be
6 notified by the board of any disciplinary actions taken against
7 the licensee in this Commonwealth.
8 Section 14. Surrender of suspended or revoked license.
9 The board shall require a person whose license has been
10 suspended or revoked to return the license in a manner as the
11 board directs. Failure to do so shall be a misdemeanor of the
12 third degree.
13 Section 15. Death or disability of State-licensed electrical
14 contractor.
15 A licensed journeyman shall be permitted to perform
16 electrical services necessary to complete any jobs in progress
17 at the time of the death or disability of an electrical
18 contractor. The board shall promulgate regulations establishing
19 conditions under which contracted electrical services may be
20 provided by an electrical contractor business in the event of
21 the death, illness or disability of the State-licensed
22 electrical contractor in responsible charge of the services
23 provided by the business.
24 Section 16. Transferability of license.
25 No license or registration issued under this act shall be
26 assignable or transferable. No person licensed or registered
27 under this act shall permit any other person to use such license
28 or registration for any purpose inconsistent with this act. A
29 finding by the board that a person licensed or registered under
30 this act has allowed any other person to use such license or
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1 registration to perform electrical work, acquire a permit to
2 perform electrical work, or otherwise hold himself out as a
3 person licensed or registered under this act shall be grounds
4 for revocation.
5 Section 17. Powers of municipalities.
6 (a) Municipal ordinances preserved.--
7 (1) Nothing in this act shall be construed to supersede
8 the power of a municipality to inspect electrical work or
9 equipment or to regulate the manner in which electrical work
10 shall be performed to levy lawful taxes and fees, and to
11 require the purchase of a business privilege license
12 unrelated to competence in the practice of electrical
13 contracting.
14 (2) No municipality shall require a licensee licensed
15 under this act to obtain a municipal license to engage in
16 electrical contracting in the municipality.
17 (3) Nothing in this act shall be construed to preclude
18 municipalities from denying or revoking local permits for
19 failure to comply with local ordinances not inconsistent with
20 this act or regulations of the board.
21 (b) Failure to comply with local ordinance.--A licensee who
22 fails to comply with a municipal ordinance concerning the
23 inspection of electrical work and services or the manner in
24 which the municipality requires electrical work to be performed
25 shall be subject to disciplinary proceedings under this act.
26 Section 18. Local rulemaking.
27 Licensure under this act shall be acceptable to any
28 municipality in this Commonwealth as proof of competence to
29 perform electrical contracting services. No municipality may
30 require a licensee licensed under this act to obtain an
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1 additional license as an electrical contractor issued by that
2 municipality prior to contracting to perform services in any
3 municipality.
4 Section 19. License renewal; records and fees.
5 (a) Renewal term.--The renewal of a license shall be on a
6 biennial basis.
7 (b) Records.--A record of all persons licensed to practice
8 as State-licensed electrical contractors or State-licensed
9 journeyman electricians in this Commonwealth shall be kept in
10 the office of the board and shall be open to public inspection
11 and copying upon payment of a nominal fee for copying the
12 record.
13 (c) Fees.--
14 (1) All fees required pursuant to this act shall be
15 fixed by the board by regulation and shall be subject to the
16 act of June 25, 1982 (P.L.633, No.181), known as the
17 Regulatory Review Act. If the revenues raised by fees, fines
18 and civil penalties imposed pursuant to this act are not
19 sufficient to meet expenditures over a two-year period, the
20 board shall increase those fees by regulation so that the
21 projected revenues will meet or exceed projected
22 expenditures.
23 (2) If the Bureau of Professional and Occupational
24 Affairs determines that the fees established by the board
25 pursuant to paragraph (1) are inadequate to meet the minimum
26 enforcement efforts required by this act, then the bureau,
27 after consultation with the board and subject to the
28 Regulatory Review Act, shall increase the fees by regulation
29 in an amount so that adequate revenues are raised to meet the
30 required enforcement effort.
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1 Section 20. Subpoenas.
2 (a) Power to issue.--The board shall have the authority to
3 issue subpoenas, upon application of an attorney responsible for
4 representing the Commonwealth in disciplinary matters before the
5 board, for the purpose of investigating alleged violations of
6 disciplinary provisions administered by the board. The board
7 shall have the power to subpoena witnesses, to administer oaths,
8 to examine witnesses and to take testimony or compel the
9 production of those books, records, papers and documents as it
10 may deem necessary or proper in, and pertinent to, any
11 proceeding, investigation or hearing held or had by it. Client
12 records may not be subpoenaed without consent of the client or
13 without order of a court of competent jurisdiction on a showing
14 that the records are reasonably necessary for the conduct of the
15 investigation. The court may impose such limitations on the
16 scope of the subpoena as are necessary to prevent unnecessary
17 intrusion into client confidential information. The board may
18 apply to Commonwealth Court to enforce its subpoenas.
19 (b) Notification of board.--An attorney responsible for
20 representing the Commonwealth in disciplinary matters before the
21 board shall notify the board immediately upon receiving
22 notification of an alleged violation of this act. The board
23 shall maintain current records of all reports of alleged
24 violations and periodically review the records for the purpose
25 of determining that each alleged violation has been resolved in
26 a timely manner.
27 Section 21. Unlawful practice.
28 (a) Unlawful practice prohibited.--It shall be unlawful for
29 any person to hold himself out as a State-licensed electrical
30 contractor or State-licensed journeyman electrician without
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1 possessing a valid, unexpired, unrevoked and unsuspended license
2 issued under this act.
3 (b) Injunction.--Unlawful practice may be enjoined by the
4 courts upon petition of the commissioner or the board. In any
5 proceeding under this section, it shall not be necessary to show
6 that any person is individually injured by the actions
7 complained of. If the court finds that the respondent has
8 violated this section, it shall enjoin the respondent from so
9 practicing until the respondent has been duly licensed.
10 Procedure in such cases shall be the same as in any other
11 injunction suit.
12 (c) Remedy cumulative.--The injunctive remedy provided in
13 this section shall be in addition to any other civil or criminal
14 prosecution and punishment.
15 Section 22. Penalties.
16 (a) Criminal penalty.--A person who violates this act
17 commits a misdemeanor of the third degree and shall, upon
18 conviction, be sentenced to pay a fine of up to $1,000 or to
19 imprisonment for not more than 90 days, or both.
20 (b) Civil penalty.--In addition to any other civil remedy or
21 criminal penalty provided for in this act, the board, by a vote
22 of the majority of the maximum number of the authorized
23 membership of the board as provided by law, or by a vote of the
24 majority of the duly qualified and confirmed membership or a
25 minimum of three members, whichever is greater, may levy a civil
26 penalty of up to $1,000 on any current licensee who violates any
27 provision of this act or on any person who holds himself out as
28 a State-licensed electrical contractor or State-licensed
29 journeyman electrician without being so licensed pursuant to
30 this act. The board shall levy this penalty only after affording
20010H0245B0244 - 20 -
1 the accused party the opportunity for a hearing, as provided in
2 2 Pa.C.S. (relating to administrative law and procedure).
3 (c) Disposition.--All fines and civil penalties imposed in
4 accordance with this section shall be paid into the Professional
5 Licensure Augmentation Account.
6 Section 23. Exemption.
7 Electrical work done by or for an electric public utility, an
8 electric cooperative corporation or a municipal electric system
9 shall not be included within the practice of electrical
10 contracting when such work is performed on plant or equipment
11 used in the generation, transmission and distribution of
12 electricity to the public up to the point at which electrical
13 current is metered for billing purposes.
14 Section 24. Appropriation.
15 The sum of $85,000, or as much thereof as may be necessary,
16 is hereby appropriated from the Professional Licensure
17 Augmentation Account within the General Fund to the Bureau of
18 Professional and Occupational Affairs in the Department of
19 State, for the payment of costs of processing licenses and
20 renewals, for the operation of the board and for other general
21 costs of the bureau operations relating to this act. The
22 appropriation granted shall be repaid by the board within three
23 years of the beginning of issuance of licenses by the board.
24 Section 25. Severability.
25 The provisions of this act are severable. If any provision of
26 this act or its application to any person or circumstance is
27 held invalid, the invalidity shall not affect other provisions
28 or applications of this act which can be given effect without
29 the invalid provision or application.
30 Section 26. Effective date.
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1 This act shall take effect as follows:
2 (1) Sections 5 and 21 shall take effect in 24 months.
3 (2) The remainder of this act shall take effect in 90
4 days.
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