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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GODSHALL, FEBRUARY 2, 2009 |
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| REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, FEBRUARY 2, 2009 |
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| AN ACT |
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1 | Providing for licensure of electricians; establishing the State |
2 | Board of Licensed Electricians; providing for powers and |
3 | duties of the board; establishing fees, fines and civil |
4 | penalties; and making an appropriation. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | TABLE OF CONTENTS |
8 | Chapter 1. Preliminary Provisions |
9 | Section 101. Short title. |
10 | Section 102. Definitions. |
11 | Chapter 3. Board |
12 | Section 301. State Board of Licensed Electricians. |
13 | Section 302. Powers and duties of board. |
14 | Chapter 5. Licensure |
15 | Section 501. Licensure. |
16 | Section 502. Qualifications. |
17 | Section 503. Continuing education. |
18 | Section 504. Liability insurance. |
19 | Section 505. Licensed electricians in other states. |
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1 | Section 506. Duration of license. |
2 | Section 507. Reporting of multiple licensure. |
3 | Chapter 7. Administration and Enforcement |
4 | Section 701. Fees, fines and civil penalties. |
5 | Section 702. Violations. |
6 | Section 703. Refusal to issue, suspend or revoke license. |
7 | Section 704. Suspensions and revocations. |
8 | Section 705. Temporary and automatic suspensions. |
9 | Section 706. Reinstatement of license. |
10 | Section 707. Surrender of suspended or revoked license. |
11 | Section 708. Injunction. |
12 | Section 709. Subpoenas and oaths. |
13 | Section 710. Municipalities. |
14 | Chapter 21. Miscellaneous Provisions |
15 | Section 2101. Appropriation. |
16 | Section 2102. Regulations. |
17 | Section 2103. Severability. |
18 | Section 2104. Effective date. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | CHAPTER 1 |
22 | PRELIMINARY PROVISIONS |
23 | Section 101. Short title. |
24 | This act shall be known and may be cited as the Electricians |
25 | Licensure Act. |
26 | Section 102. Definitions. |
27 | The following words and phrases when used in this act shall |
28 | have the meanings given to them in this section unless the |
29 | context clearly indicates otherwise: |
30 | "Board." The State Board of Licensed Electricians. |
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1 | "Commissioner." The Commissioner of Professional and |
2 | Occupational Affairs within the Department of State. |
3 | "Conviction." The term includes a judgment, an admission of |
4 | guilt or a plea of nolo contendere. |
5 | "Department." The Department of State of the Commonwealth. |
6 | "Director." The Director of the Bureau of Consumer |
7 | Protection in the Office of Attorney General or a designee. |
8 | "Electrical services." The installation, erection, repair, |
9 | removal, maintenance, demolition or alteration of electrical |
10 | equipment and systems in structures and premises for the |
11 | generation, transmission and utilization of electrical energy |
12 | for remuneration. The term does not include the installation, |
13 | erection, repair, removal, maintenance, demolition or alteration |
14 | of electrical equipment and systems in structures and premises |
15 | for the generation, transmission and utilization of electrical |
16 | energy without remuneration. |
17 | "Licensed apprentice electrician." An individual who is |
18 | registered as an apprentice under the act of July 14, 1961 (P.L. |
19 | 604, No.304), known as The Apprenticeship and Training Act, and |
20 | who is licensed by the State Board of Licensed Electricians as |
21 | an individual whose principal occupation is learning and |
22 | assisting in the performance of electrical services. |
23 | "Licensed journeyman electrician." An individual who is |
24 | licensed by the State Board of Licensed Electricians and who is |
25 | authorized to perform electrical services. |
26 | CHAPTER 3 |
27 | BOARD |
28 | Section 301. State Board of Licensed Electricians. |
29 | (a) Establishment.--There is hereby established the State |
30 | Board of Licensed Electricians within the department. |
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1 | (b) Composition.--The board shall consist of the following: |
2 | (1) The commissioner. |
3 | (2) The director. |
4 | (3) Two public members. |
5 | (4) One electrical inspector with a minimum of five |
6 | years' experience inspecting electrical services. |
7 | (5) Six professional members. The professional members |
8 | shall have been actively engaged in providing electrical |
9 | services in this Commonwealth for at least ten years |
10 | immediately preceding appointment. Three professional members |
11 | shall be subject to collective bargaining agreements. Three |
12 | professional members shall not be subject to collective |
13 | bargaining agreements. Except as set forth in subsection (e), |
14 | professional members shall be licensed under this act as |
15 | licensed journeyman electricians. |
16 | (c) Meeting.--The board shall meet within 30 days after the |
17 | appointment of its first members and shall set up operating |
18 | procedures and develop application forms for licensure. It shall |
19 | be the responsibility of the board to circulate the forms and |
20 | educate the public regarding the requirements of this act and |
21 | providing electrical services in this Commonwealth. |
22 | (d) Term of membership.--Except for the commissioner and the |
23 | director or a designee, the following apply to members of the |
24 | board: |
25 | (1) Members shall be appointed by the Governor with the |
26 | advice and consent of the Senate. |
27 | (2) Members shall be citizens of the United States and |
28 | residents of this Commonwealth. |
29 | (3) Except as provided in paragraph (4), members shall |
30 | serve a term of four years or until a successor has been |
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1 | appointed and qualified, but in no event longer than six |
2 | months beyond the four-year period. In the event that a |
3 | member dies or resigns or otherwise is disqualified during |
4 | the term of office, a successor shall be appointed in the |
5 | same way and with the same qualifications and shall hold |
6 | office for an unexpired term. A member shall not be eligible |
7 | to hold more than two consecutive terms. |
8 | (4) Members first appointed to the board pursuant to |
9 | this act shall serve terms of office as follows: |
10 | (i) Five members shall serve for terms of four |
11 | years. |
12 | (ii) Three members shall serve terms of three years. |
13 | (iii) One member shall serve for a term of two |
14 | years. |
15 | (e) Professional members and first appointments.--A |
16 | professional member first appointed to the board pursuant to |
17 | this act need not be licensed at the time of appointment but |
18 | must have satisfied eligibility requirements for licensure as |
19 | provided in this act. |
20 | (f) Quorum.--A majority of the members of the board shall |
21 | constitute a quorum. Except for temporary and automatic |
22 | suspensions under section 705, a member may not be counted as |
23 | part of a quorum or vote on any issue unless the member is |
24 | physically in attendance at the meeting. |
25 | (g) Chairman.--The board shall annually select a chairman |
26 | from among its members. |
27 | (h) Expenses.--With the exception of the commissioner and |
28 | the director, each member of the board shall receive $60 per |
29 | diem when actually attending to the work of the board. A member |
30 | shall also receive the amount of reasonable travel, hotel and |
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1 | other necessary expenses incurred in the performance of the |
2 | member's duties in accordance with Commonwealth regulations. |
3 | (i) Forfeiture.--Except for the commissioner and the |
4 | director, a member who fails to attend three consecutive |
5 | meetings shall forfeit the member's seat unless the |
6 | commissioner, upon written request from the member, finds the |
7 | member should be excused from a meeting because of illness or |
8 | the death of a family member. |
9 | (j) Training seminars.--Except for the commissioner and the |
10 | director, a member who fails to attend two consecutive |
11 | statutorily mandated training seminars in accordance with |
12 | section 813(e) of the act of April 9, 1929 (P.L.177, No.175), |
13 | known as The Administrative Code of 1929, shall forfeit the |
14 | member's seat unless the commissioner, upon written request from |
15 | the member, finds that the member should be excused from a |
16 | meeting because of illness or the death of a family member. |
17 | (k) Frequency of meetings.--The board shall meet at least |
18 | four times a year in the City of Harrisburg and at such |
19 | additional times as may be necessary to conduct the business of |
20 | the board. |
21 | Section 302. Powers and duties of board. |
22 | The board shall have the following powers and duties: |
23 | (1) To provide for and regulate the licensing of |
24 | individuals engaged in the provision of electrical services. |
25 | (2) To issue, renew, reinstate, fail to renew, suspend |
26 | and revoke licenses as provided for in this act. |
27 | (3) To administer and enforce the provisions of this |
28 | act. |
29 | (4) To contract with a professional testing organization |
30 | to administer tests to qualified applicants seeking to be |
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1 | licensed as licensed journeyman electricians as provided in |
2 | this act. Written, oral or practical examinations shall be |
3 | prepared and administered by a qualified and approved |
4 | professional testing organization in the manner prescribed |
5 | for written examinations by section 812.1 of the act of April |
6 | 9, 1929 (P.L.177, No.175), known as The Administrative Code |
7 | of 1929. |
8 | (5) To investigate applications for licensure and to |
9 | determine the eligibility of an individual applying for |
10 | licensure. |
11 | (6) To promulgate and enforce regulations, not |
12 | inconsistent with this act, as necessary only to carry into |
13 | effect the provisions of this act. This paragraph includes |
14 | the setting of fees and setting the amount of professional |
15 | liability insurance required by licensed journeyman |
16 | electricians who contract or intend to contract to provide |
17 | electrical services. Regulations shall be adopted in |
18 | conformity with the provisions of the act of July 31, 1968 |
19 | (P.L.769, No.240), referred to as the Commonwealth Documents |
20 | Law, and the act of June 25, 1982 (P.L.633, No.181), known as |
21 | the Regulatory Review Act. |
22 | (7) To keep minutes and records of all transactions and |
23 | proceedings. |
24 | (8) To keep and maintain a registry of individuals |
25 | licensed by the board. The board shall provide access to the |
26 | registry to the public, including making the registry |
27 | available via electronic means. |
28 | (9) To submit annually to the department an estimate of |
29 | financial requirements of the board for its administrative, |
30 | legal and other expenses. |
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1 | (10) To submit annually a report to the Consumer |
2 | Protection and Professional Licensure Committee of the Senate |
3 | and the Professional Licensure Committee of the House of |
4 | Representatives. The report shall include a description of |
5 | the types of complaints received, status of cases, the action |
6 | which has been taken and the length of time from initial |
7 | complaint to final resolution. |
8 | (11) To submit annually to the Appropriations Committee |
9 | of the Senate and the Appropriations Committee of the House |
10 | of Representatives, 15 days after the Governor has submitted |
11 | a budget to the General Assembly, a copy of the budget |
12 | request for the upcoming fiscal year which the board |
13 | previously submitted to the department. |
14 | CHAPTER 5 |
15 | LICENSURE |
16 | Section 501. Licensure. |
17 | (a) General rule.--Except as provided in subsection (d) and |
18 | subject to subsection (f), an individual may not provide |
19 | electrical services, offer himself for employment as an |
20 | individual who may provide electrical services or hold himself |
21 | out as an individual authorized to provide electrical services |
22 | unless licensed as a licensed journeyman electrician by the |
23 | board. |
24 | (b) Business entities.--Subject to subsection (f), an |
25 | individual, corporation, partnership, firm or other entity shall |
26 | not: |
27 | (1) Employ an individual to provide electrical services |
28 | or direct an individual to provide electrical services unless |
29 | the individual is licensed under this act. |
30 | (2) Use the term "licensed journeyman electrician" or |
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1 | "licensed electrician" or another derivative in connection |
2 | with the entity unless at least one employee or the owner of |
3 | the entity is licensed as a licensed journeyman electrician |
4 | in accordance with this act. |
5 | (c) Title.--An individual who holds a license as: |
6 | (1) A licensed journeyman electrician or a licensed |
7 | journeyman electrician who is maintained on inactive status |
8 | pursuant to section 506(b) shall have the right to use the |
9 | title "licensed journeyman electrician" and the abbreviation |
10 | "L.J.E." No other individual shall use the title "licensed |
11 | journeyman electrician" or the abbreviation "L.J.E." |
12 | (2) A licensed apprentice electrician or a licensed |
13 | apprentice electrician who is maintained on inactive status |
14 | pursuant to section 506(b) shall have the right to use the |
15 | title "licensed apprentice electrician" and the abbreviation |
16 | "L.A.E." No other individual shall use the title "licensed |
17 | apprentice electrician" or the abbreviation "L.A.E." |
18 | (d) Apprentice.--A licensed apprentice electrician may hold |
19 | himself out as being authorized to provide electrical services |
20 | if the licensed apprentice electrician works under the direct |
21 | onsite supervision of a licensed journeyman electrician, |
22 | including a licensed journeyman electrician who contracts to |
23 | perform electrical services. |
24 | (e) Responsibility.--A licensed journeyman electrician who |
25 | contracts to perform electrical services shall be responsible |
26 | for inspecting and supervising electrical services performed by |
27 | a licensed apprentice electrician and a licensed journeyman |
28 | electrician employed to execute the contract. |
29 | (f) Exceptions to licensure.--This act shall not apply to |
30 | and a license shall not be required for the following: |
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1 | (1) The replacement of lamps and fuses. |
2 | (2) The connection of portable electrical appliances to |
3 | permanently installed receptacles. |
4 | (3) The installation, erection, repair, maintenance, |
5 | removal, demolition or alteration of electrical equipment or |
6 | electrical systems for generation, transmission and |
7 | utilization of electrical energy owned or operated by a |
8 | political subdivision, public utility, electrical cooperative |
9 | corporation, school district, a railway or the Federal |
10 | Government. |
11 | (4) Commercial radio and television transmission |
12 | equipment. |
13 | (5) The installation, erection, repair, maintenance, |
14 | removal, demolition or alteration of electrical equipment or |
15 | electrical systems for the generation, transmission or |
16 | utilization of electrical energy of less than ten volts. |
17 | (6) The installation, erection, repair, maintenance, |
18 | removal, demolition or alteration of electrical equipment and |
19 | systems for the generation, transmission and utilization of |
20 | electrical energy in structures, facilities, buildings or |
21 | premises owned or operated by the Federal Government. |
22 | Section 502. Qualifications. |
23 | (a) Licensed journeyman electrician.--To be eligible for |
24 | licensure as a licensed journeyman electrician, an applicant |
25 | must fulfill the following requirements: |
26 | (1) Be of good moral character. |
27 | (2) Be at least 18 years of age. |
28 | (3) Submit satisfactory proof to the board that the |
29 | applicant has done one of the following: |
30 | (i) Successfully completed a program as a licensed |
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1 | apprentice electrician. |
2 | (ii) Completed a program recognized by the board |
3 | which trains individuals to provide electrical services. |
4 | (iii) Acquired training and experience equivalent to |
5 | that set forth in subparagraph (i) or (ii), as determined |
6 | by regulation of the board. |
7 | (4) Pay the fee set by the board. |
8 | (5) Pass the examination provided by the board. |
9 | (6) In the case of a licensed journeyman electrician who |
10 | contracts or intends to contract with a person to provide |
11 | electrical services, submit proof satisfactory to the board |
12 | of the acquisition of professional liability insurance in an |
13 | amount set by the board. |
14 | (b) Licensed apprentice electrician.--To be eligible for |
15 | licensure as a licensed apprentice electrician, an applicant |
16 | must fulfill the following requirements: |
17 | (1) Be of good moral character. |
18 | (2) Be at least 16 years of age. |
19 | (3) Register with the Department of Labor and Industry |
20 | as set forth in the act of July 14, 1961 (P.L.604, No.304), |
21 | known as The Apprenticeship and Training Act. The applicant |
22 | shall submit proof of current registration to the board. |
23 | (4) Pay the fee set by the board. |
24 | (c) Renewal of license of licensed apprentice electrician.-- |
25 | In the case of a licensed apprentice electrician applying for |
26 | renewal of a license where registration under subsection (b)(3) |
27 | has expired or otherwise lapsed before the biennial renewal |
28 | cycle will expire, the licensed apprentice electrician shall |
29 | submit evidence satisfactory to the board that the licensed |
30 | apprentice electrician has renewed registration. Failure to |
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1 | notify the board within 30 days that registration has expired or |
2 | otherwise lapsed shall subject the licensed apprentice |
3 | electrician to disciplinary action. In the case of a licensed |
4 | apprentice electrician whose registration has expired or |
5 | otherwise lapsed, the license shall immediately be placed on |
6 | inactive status by the board. The board shall promulgate |
7 | regulations in order to carry out the provisions of this |
8 | subsection, including regulations setting forth the evidence |
9 | necessary to demonstrate renewal of registration. |
10 | (d) Waiver of examination.--Notwithstanding the provisions |
11 | of subsection (a)(5), the board may grant a license to an |
12 | individual applying to become a licensed journeyman electrician |
13 | without examination if: |
14 | (1) The individual applies within one year of the |
15 | effective date of section 501. |
16 | (2) The individual meets the requirements of age and |
17 | character and pays the required fee. |
18 | (3) For an individual applying for a license as a |
19 | licensed journeyman electrician under this subsection, the |
20 | individual submits proof satisfactory to the board of at |
21 | least five years of prior experience providing electrical |
22 | services within this Commonwealth. |
23 | (e) Convictions prohibited.--The board shall not issue a |
24 | license to an individual who has been convicted of a felonious |
25 | act prohibited by the act of April 14, 1972 (P.L.233, No.64), |
26 | known as The Controlled Substance, Drug, Device and Cosmetic |
27 | Act, or convicted of a felony relating to a controlled substance |
28 | in a court of law of the United States or any other state, |
29 | territory or country unless: |
30 | (1) At least ten years have elapsed from the date of |
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1 | conviction. |
2 | (2) The individual satisfactorily demonstrates to the |
3 | board that the individual has made significant progress in |
4 | personal rehabilitation since the conviction such that |
5 | licensure of the individual should not be expected to create |
6 | a substantial risk of harm to the health and safety of the |
7 | public or a substantial risk of further criminal violations. |
8 | (3) The individual otherwise satisfies the |
9 | qualifications provided in this act. An individual's |
10 | statement on the application declaring the absence of a |
11 | conviction shall be deemed satisfactory evidence of the |
12 | absence of a conviction unless the board has some evidence to |
13 | the contrary. |
14 | Section 503. Continuing education. |
15 | (a) Regulations.--The board shall adopt, promulgate and |
16 | enforce rules and regulations consistent with the provisions of |
17 | this act establishing continuing education to be met by |
18 | individuals licensed as licensed journeyman electricians under |
19 | this act. Regulations shall include any fees necessary for the |
20 | board to carry out its responsibilities under this section. The |
21 | board may waive all or part of the continuing education |
22 | requirement for an individual who shows evidence satisfactory to |
23 | the board that the individual was unable to complete the |
24 | requirement due to illness, emergency, military service or other |
25 | hardship. All courses, materials, locations and instructors |
26 | shall be approved by the board. No credit shall be given for a |
27 | course in office management or practice building. |
28 | (b) Requirement.--Beginning with the licensure period |
29 | designated by regulation, an individual applying for renewal of |
30 | a license as a licensed journeyman electrician shall be required |
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1 | to obtain eight hours of continuing education during the two |
2 | calendar years immediately preceding the application for |
3 | renewal. |
4 | Section 504. Liability insurance. |
5 | As a condition of biennial renewal, a licensed journeyman |
6 | electrician who contracts or intends to contract to provide |
7 | electrical services shall submit proof satisfactory to the board |
8 | of the acquisition and maintenance of professional liability |
9 | insurance in the amount set by the board. In the case of the |
10 | insurance being revoked, canceled or otherwise lapsing, the |
11 | licensed journeyman electrician shall notify the board in |
12 | writing within 30 days. In such a case, the board shall |
13 | immediately place the license of a licensed journeyman |
14 | electrician on inactive status. Failure to notify the board in |
15 | writing within 30 days shall subject the licensed journeyman |
16 | electrician to disciplinary action. |
17 | Section 505. Licensed electricians in other states. |
18 | (a) Reciprocity established.--Subject to subsection (b), the |
19 | board may issue a license without examination to an individual |
20 | who is licensed as an electrician in any other state, territory |
21 | or possession of the United States if all of the following |
22 | requirements are met: |
23 | (1) The individual meets the requirements as to |
24 | character, age and absence of convictions. |
25 | (2) The individual pays the required fee. |
26 | (3) The standards for licensure in the other state, |
27 | territory or possession meet or exceed the standards set |
28 | forth in this act. |
29 | (b) Requirement.--For an individual to be eligible to apply |
30 | for a license as a licensed journeyman electrician under |
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1 | subsection (a), the other state, territory or possession of the |
2 | United States must provide an opportunity for reciprocal |
3 | licensure which is substantially similar to the opportunity |
4 | provided by the Commonwealth under this section. |
5 | Section 506. Duration of license. |
6 | (a) Duration of license.--A license issued pursuant to this |
7 | act shall be on a biennial basis. The biennial expiration date |
8 | shall be established by regulation of the board. Application for |
9 | renewal of a license shall biennially be forwarded to an |
10 | individual holding a current license prior to the expiration |
11 | date of the current biennium. For individuals applying for |
12 | licensure or renewal of licensure as a licensed apprentice |
13 | electrician, the application form must indicate whether |
14 | registration as an apprentice under the act of July 14, 1961 |
15 | (P.L.604, No.304), known as The Apprenticeship and Training Act, |
16 | has expired or otherwise lapsed before the biennial renewal |
17 | cycle will expire. |
18 | (b) Inactive status.--An individual licensed under this act |
19 | may request an application for inactive status. The application |
20 | form may be completed and returned to the board. Upon receipt of |
21 | an application, the individual shall be maintained on inactive |
22 | status without fee and shall be entitled to apply for a |
23 | licensure renewal at any time. An individual who requests the |
24 | board to activate the individual's license and who has been on |
25 | inactive status shall, prior to receiving an active license, |
26 | satisfy the requirements of the board's regulations regarding |
27 | continuing education and remit the required fee. In the case of |
28 | a licensed apprentice electrician who is placed on inactive |
29 | status pursuant to section 502(c), the licensed apprentice |
30 | electrician shall provide evidence to the board of renewal of |
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1 | registration before the board may activate the license. The |
2 | board shall promulgate regulations to carry into effect the |
3 | provisions of this subsection. |
4 | Section 507. Reporting of multiple licensure. |
5 | A licensee who is licensed as an electrician in any other |
6 | state, territory, possession of the United States or country |
7 | shall report this information to the board on the biennial |
8 | registration application. Any disciplinary action taken in |
9 | another state, territory, possession of the United States or |
10 | country shall be reported to the board on the biennial |
11 | registration application or within 90 days of final disposition, |
12 | whichever is sooner. Multiple licensure shall be noted by the |
13 | board on the individual's record, and such state, territory, |
14 | possession of the United States or country shall be notified by |
15 | the board of any disciplinary action taken against the licensee |
16 | in this Commonwealth. |
17 | CHAPTER 7 |
18 | ADMINISTRATION AND ENFORCEMENT |
19 | Section 701. Fees, fines and civil penalties. |
20 | (a) Fees.--All fees required under this act shall be fixed |
21 | by the board by regulation and shall be subject to the act of |
22 | June 25, 1982 (P.L.633, No.181), known as the Regulatory Review |
23 | Act. If the revenues raised by the fees, fines and civil |
24 | penalties imposed under this act are not sufficient to meet |
25 | expenditures over a two-year period, the board shall increase |
26 | those fees by regulation so that projected revenues will meet or |
27 | exceed projected expenditures. |
28 | (b) Fee increase.--If the Bureau of Professional and |
29 | Occupational Affairs determines that the fees established by the |
30 | board under subsection (a) are inadequate to meet the minimum |
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1 | enforcement efforts required by this act, then the bureau, after |
2 | consultation with the board and subject to the Regulatory Review |
3 | Act, shall increase the fees by regulation in an amount such |
4 | that adequate revenues are raised to meet the required |
5 | enforcement effort. |
6 | (c) Account.--All fees, fines and civil penalties imposed in |
7 | accordance with this act shall be paid into the Professional |
8 | Licensure Augmentation Account established pursuant to and for |
9 | use in accordance with the act of July 1, 1978 (P.L.700, No. |
10 | 124), known as the Bureau of Professional and Occupational |
11 | Affairs Fee Act. |
12 | (d) Renewal fee.--The board may charge a fee, as set by the |
13 | board by regulation, for licensure, for renewing licensure and |
14 | for other services of the board as permitted by this act or by |
15 | regulation. |
16 | Section 702. Violations. |
17 | (a) General rule.--An individual or the responsible officer |
18 | or employee of a corporation, partnership, firm or other entity |
19 | violating a provision of this act or a regulation of the board |
20 | commits a misdemeanor and, upon conviction, shall be sentenced |
21 | to pay a fine of not more than $1,000 or undergo imprisonment |
22 | for not more than six months for the first violation. For the |
23 | second and each subsequent conviction, the person convicted |
24 | shall be sentenced to pay a fine of not more than $2,000 or |
25 | imprisonment of not less than six months or more than one year, |
26 | or both. |
27 | (b) Civil penalty.--In addition to any other civil remedy or |
28 | criminal penalty provided for in this act, the board by a vote |
29 | of the majority of the maximum number of the authorized |
30 | membership of the board as provided by law or by a vote of the |
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1 | majority of the duly qualified and confirmed membership or a |
2 | minimum of five members, whichever is greater, may levy a civil |
3 | penalty up to $1,000 for any of the following: |
4 | (1) A licensee who violates a provision of this act. |
5 | (2) An individual who performs electrical services in |
6 | violation of this act. |
7 | (3) An individual who holds himself out as an individual |
8 | authorized to perform electrical services without being |
9 | properly licensed as provided in this act. |
10 | (4) The responsible officers or employees of a |
11 | corporation, partnership, firm or other entity violating a |
12 | provision of this act. |
13 | (c) Procedure.--The board shall levy the civil penalty set |
14 | forth in subsection (b) only after affording the accused the |
15 | opportunity for a hearing as provided in 2 Pa.C.S. (relating to |
16 | administrative law and procedure). |
17 | Section 703. Refusal to issue, suspend or revoke license. |
18 | (a) General rule.--The board may refuse to issue, suspend or |
19 | revoke a license in a case where the board finds: |
20 | (1) The licensee is negligent or incompetent in the |
21 | performance of electrical services. |
22 | (2) The licensee is unable to perform electrical |
23 | services with reasonable skill and safety by reason of mental |
24 | or physical illness or condition or physiological or |
25 | psychological dependence upon alcohol, hallucinogenic or |
26 | narcotic drugs or other drugs which tend to impair judgment |
27 | or coordination, so long as such dependence shall continue. |
28 | In enforcing this paragraph, the board shall, upon probable |
29 | cause, have authority to compel a licensee to submit to a |
30 | mental or physical examination as designated by it. After |
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1 | notice, hearing, adjudication and appeal, failure of a |
2 | licensee to submit to such examination when directed shall |
3 | constitute an admission of the allegations unless failure is |
4 | due to circumstances beyond the licensee's control, |
5 | consequent upon which a default and final order may be |
6 | entered without the taking of testimony or presentation of |
7 | evidence. An individual affected under this paragraph shall |
8 | at reasonable intervals be afforded the opportunity to |
9 | demonstrate that the individual can resume competent, safe |
10 | and skillful performance of electrical services. |
11 | (3) The licensee has violated any of the provisions of |
12 | this act or a regulation of the board. |
13 | (4) The licensee has committed fraud or deceit in: |
14 | (i) the performance of electrical services; or |
15 | (ii) securing licensure. |
16 | (5) The licensee has been convicted of a felony or a |
17 | crime of moral turpitude or been convicted of a misdemeanor |
18 | related to providing electrical services or received |
19 | probation without verdict, disposition in lieu of trial or an |
20 | Accelerated Rehabilitative Disposition in the disposition of |
21 | felony charges, in the courts of this Commonwealth, the |
22 | United States, another state, territory, possession of the |
23 | United States or country. |
24 | (6) The licensee has had the licensee's license to |
25 | practice as an electrician suspended or revoked or has |
26 | received other disciplinary action by the proper licensing |
27 | authority in another state, territory, possession of the |
28 | United States or country. |
29 | (7) With respect to the provision of electrical |
30 | services, the licensee has acted in such a manner as to |
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1 | present an immediate and clear danger to health, safety or |
2 | property. |
3 | (8) In the case of a licensed journeyman electrician who |
4 | contracts to provide electrical services, the licensed |
5 | journeyman electrician failed to properly direct and |
6 | supervise licensed apprentice electricians and licensed |
7 | journeyman electricians who are executing the contract. |
8 | (9) In the case of a licensed journeyman electrician |
9 | responsible for the direct onsite supervision of a licensed |
10 | apprentice electrician, the licensed journeyman electrician |
11 | failed to provide the proper supervision. |
12 | (10) The licensee possessed, used, acquired or |
13 | distributed a controlled substance. |
14 | (11) The licensee has been guilty of unprofessional |
15 | conduct. Unprofessional conduct shall include departure from |
16 | or failing to conform to operating practices or professional |
17 | standards embraced by the licensed journeyman electricians' |
18 | community in this Commonwealth. In addition, unprofessional |
19 | conduct shall also include failing to conform to recognized |
20 | electrical safety standards, including the National |
21 | Electrical Code in effect in this Commonwealth, and |
22 | applicable municipal ordinances related to health and safety. |
23 | In a proceeding based on this paragraph, actual injury to a |
24 | person or damage to property need not be established. |
25 | (12) The licensee falsely advertised or made misleading, |
26 | deceptive, untrue or fraudulent material representations |
27 | regarding licensure or in the performance of electrical |
28 | services. |
29 | (13) Unless waived by the board in accordance with |
30 | section 503, the licensee failed to satisfy the continuing |
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1 | education requirements of this act. |
2 | (b) Acts authorized.--When the board finds that the license |
3 | of an individual may be refused, suspended or revoked pursuant |
4 | to subsection (a), the board may: |
5 | (1) Deny the application for a license. |
6 | (2) Administer a public reprimand. |
7 | (3) Suspend, revoke, limit or otherwise restrict a |
8 | license. |
9 | (4) Require a licensee to submit to the care, counseling |
10 | or treatment of a physician or a psychologist designated by |
11 | the board. |
12 | (5) Suspend enforcement of its finding and place a |
13 | licensee on probation with the right to vacate the |
14 | probationary order for noncompliance. |
15 | (6) Restore or reissue, in its discretion, a suspended |
16 | license and impose any disciplinary or corrective measure |
17 | which it might originally have imposed. |
18 | Section 704. Suspensions and revocations. |
19 | A suspension or revocation shall be made only in accordance |
20 | with the regulations of the board and only by majority vote of |
21 | the members of the board after a hearing. An action of the board |
22 | shall be taken subject to the right of notice, hearing and |
23 | adjudication, and the right of appeal, in accordance with the |
24 | provisions of 2 Pa.C.S. (relating to administrative law and |
25 | procedure). The board, by majority action and in accordance with |
26 | its regulations, may reissue a license which has been suspended. |
27 | If a license has been revoked, the board shall reissue a license |
28 | only in accordance with section 706. |
29 | Section 705. Temporary and automatic suspensions. |
30 | (a) General rule.--A license issued under this act may be |
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1 | temporarily suspended under circumstances determined by the |
2 | board to be an immediate and clear danger to public health, |
3 | safety or property. The board shall issue an order to that |
4 | effect without a hearing, but upon due notice, to the licensee |
5 | concerned at the licensee's last known address, which shall |
6 | include a written statement of all allegations against the |
7 | licensee. The provisions of section 704 shall not apply to |
8 | temporary suspension. The board shall commence formal action to |
9 | suspend, revoke or restrict the license of the individual as |
10 | otherwise provided for in this act. All actions shall be taken |
11 | promptly and without delay. Within 30 days following the |
12 | issuance of an order temporarily suspending a license, the board |
13 | shall conduct or cause to be conducted a preliminary hearing to |
14 | determine if there is a prima facie case supporting the |
15 | suspension. The individual whose license has been temporarily |
16 | suspended may be present at the preliminary hearing and may be |
17 | represented by counsel, cross-examine witnesses, inspect |
18 | physical evidence, call witnesses, offer evidence and testimony |
19 | and make a record of the proceedings. If it is determined that |
20 | there is not a prima facie case, the suspended license shall be |
21 | immediately restored. The temporary suspension shall remain in |
22 | effect until vacated by the board, but in no event longer than |
23 | 180 days. |
24 | (b) Commitment of licensee.--A license issued under this act |
25 | shall automatically be suspended upon the legal commitment of a |
26 | licensee to an institution because of mental incompetence from |
27 | any cause upon filing with the board a certified copy of such |
28 | commitment, conviction of a felony under the act of April 14, |
29 | 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, |
30 | Device and Cosmetic Act, or conviction of an offense under the |
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1 | laws of another jurisdiction, which, if committed in this |
2 | Commonwealth, would be a felony under The Controlled Substance, |
3 | Drug, Device and Cosmetic Act. Automatic suspension under this |
4 | subsection shall not be stayed pending an appeal of a |
5 | conviction. Restoration of the license shall be made as provided |
6 | in the case of revocation or suspension of a license. |
7 | Section 706. Reinstatement of license. |
8 | Unless ordered to do so by Commonwealth Court or an appeal |
9 | therefrom, the board shall not reinstate the license of an |
10 | individual which has been revoked. An individual whose license |
11 | has been revoked may reapply for a license, after a period of at |
12 | least five years, but must meet all of the licensing |
13 | requirements of this act. |
14 | Section 707. Surrender of suspended or revoked license. |
15 | The board shall require an individual whose license has been |
16 | suspended or revoked to return the license in such manner as the |
17 | board directs. Failure to do so, and upon conviction thereof, |
18 | shall be a misdemeanor of the third degree. |
19 | Section 708. Injunction. |
20 | Whenever, in the judgment of the board, a person has engaged |
21 | in an act or practice which constitutes or will constitute a |
22 | violation of this act, the board or its agents may make |
23 | application to the appropriate court for an order enjoining such |
24 | act or practice. Upon a showing by the board that the person has |
25 | engaged or is about to engage in such act or practice, an |
26 | injunction, restraining order or such order as may be |
27 | appropriate shall be granted by the court. The remedy by |
28 | injunction is in addition to any other civil or criminal |
29 | prosecution and punishment. |
30 | Section 709. Subpoenas and oaths. |
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1 | (a) Authority granted.--The board shall have the authority |
2 | to issue subpoenas, upon application of an attorney responsible |
3 | for representing the Commonwealth in disciplinary matters before |
4 | the board, for the purpose of investigating alleged violations |
5 | of this act or regulation of the board. The board shall have the |
6 | power to subpoena witnesses, to administer oaths, to examine |
7 | witnesses and to take such testimony or compel the production of |
8 | such books, records, papers and documents as it may deem |
9 | necessary or proper in and pertinent to any proceeding, |
10 | investigation or hearing held or had by it. The board is |
11 | authorized to apply to Commonwealth Court to enforce its |
12 | subpoenas. The court may impose limitations in the scope of the |
13 | subpoena as is necessary to prevent unnecessary intrusion into |
14 | client confidential information. |
15 | (b) Disciplinary matters.--An attorney responsible for |
16 | representing the Commonwealth in disciplinary matters before the |
17 | board shall maintain current records of all reported alleged |
18 | violations and shall periodically review the records for the |
19 | purpose of determining that each alleged violation has been |
20 | resolved in a timely manner. |
21 | Section 710. Municipalities. |
22 | (a) Municipal license prohibited.--Licensure under this act |
23 | shall be acceptable to a municipality in this Commonwealth as |
24 | proof of competence to perform electrical services, and no |
25 | municipality may require an individual licensed under this act |
26 | to obtain an additional license to perform electrical services. |
27 | Unless otherwise provided in this act, any local ordinance or |
28 | regulation concerning the qualifications, fitness and competence |
29 | of individuals to perform electrical services is preempted and |
30 | superseded. |
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1 | (b) Certain powers preserved.--Nothing in this act shall be |
2 | construed to prevent a municipality from doing any of the |
3 | following: |
4 | (1) Levying lawful taxes and fees. |
5 | (2) Requiring the purchase of a business privilege |
6 | license that is unrelated to demonstrating competence in the |
7 | performance of electrical services. |
8 | (3) Denying or revoking permits for failing to comply |
9 | with ordinances which are not inconsistent with this act or |
10 | regulation of the board. |
11 | (4) Enforcing ordinances related to health and safety. |
12 | (5) Pursuant to an ordinance, inspecting or regulating |
13 | the manner in which electrical services are performed. |
14 | CHAPTER 21 |
15 | MISCELLANEOUS PROVISIONS |
16 | Section 2101. Appropriation. |
17 | The sum of $85,000 or as much as may be necessary is |
18 | appropriated from the Professional Licensure Augmentation |
19 | Account to the Department of State for the payment of costs |
20 | associated with processing licenses and renewing licenses, for |
21 | the operation of the State Board of Licensed Electricians and |
22 | for other costs associated with this act. The appropriation |
23 | shall be repaid by the board within three years of the beginning |
24 | of issuance of licenses by the board. |
25 | Section 2102. Regulations. |
26 | Within 18 months of the effective date of this section, the |
27 | board shall promulgate regulations to carry out this act. |
28 | Section 2103. Severability. |
29 | The provisions of this act are severable. If any provision of |
30 | this act or its application to any person or circumstance is |
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1 | held invalid, the invalidity shall not affect other provisions |
2 | or applications of this act which can be given effect without |
3 | the invalid provision or application. |
4 | Section 2104. Effective date. |
5 | This act shall take effect as follows: |
6 | (1) This section shall take effect immediately. |
7 | (2) Section 501 shall take effect in three years. |
8 | (3) The remainder of this act shall take effect in 60 |
9 | days. |
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