Bill Text: PA HB185 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for licensure of electricians; establishing the State Board of Licensed Electricians; providing for powers and duties of the board; establishing fees, fines and civil penalties; and making an appropriation.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-02-02 - Referred to PROFESSIONAL LICENSURE [HB185 Detail]

Download: Pennsylvania-2009-HB185-Introduced.html

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PRINTER'S NO. 184
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 185 Session of2009
INTRODUCED BY GODSHALL, FEBRUARY 2, 2009
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, FEBRUARY 2, 2009
AN ACT
Providing for licensure of electricians; establishing the State
Board of Licensed Electricians; providing for powers and
duties of the board; establishing fees, fines and civil
penalties; and making an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Definitions.
Chapter 3. Board
Section 301. State Board of Licensed Electricians.
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 electricians in other states.
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. Severability.
Section 2104. 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 Electricians
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 Licensed Electricians.
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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 electrical
equipment and systems in structures and premises for the
generation, transmission and utilization of electrical energy
for remuneration. The term does not include the installation,
erection, repair, removal, maintenance, demolition or alteration
of electrical equipment and systems in structures and premises
for the generation, transmission and utilization of electrical
energy without remuneration.
"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
who is licensed by the State Board of Licensed Electricians as
an individual whose principal occupation is learning and
assisting in the performance of electrical services.
"Licensed journeyman electrician." An individual who is
licensed by the State Board of Licensed Electricians and who is
authorized to perform electrical services.
CHAPTER 3
BOARD
Section 301. State Board of Licensed Electricians.
(a) Establishment.--There is hereby established the State
Board of Licensed Electricians within the department.
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(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
years' experience inspecting electrical services.
(5) Six professional members. The professional members
shall have been actively engaged in providing electrical
services in this Commonwealth for at least ten years
immediately preceding appointment. Three professional members
shall be subject to collective bargaining agreements. Three
professional members shall not be subject to collective
bargaining agreements. Except as set forth in subsection (e),
professional members shall be licensed under this act as
licensed journeyman electricians.
(c) Meeting.--The board shall meet within 30 days after the
appointment of its first members and shall set up operating
procedures and develop application forms for licensure. It shall
be the responsibility of the board to circulate the forms and
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 shall be citizens of the United States and
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
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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 pursuant to
this act shall serve terms of office as follows:
(i) Five members shall serve for terms of four
years.
(ii) Three members shall serve terms of three years.
(iii) One member shall serve for a term of two
years.
(e) Professional members and first appointments.--A
professional member first appointed to the board pursuant to
this act need not be licensed at the time of appointment but
must have satisfied eligibility requirements for licensure as
provided in this act.
(f) Quorum.--A majority of the 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.
(g) Chairman.--The board shall annually select a chairman
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
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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 or the death of a family member.
(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
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
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licensed as licensed journeyman 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 by 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 setting the amount of professional
liability insurance required by licensed journeyman
electricians who contract or intend to contract to provide
electrical services. 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
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 its administrative,
legal and other expenses.
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(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 received, 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 which the board
previously submitted to the department.
CHAPTER 5
LICENSURE
Section 501. Licensure.
(a) General rule.--Except as provided in subsection (d) and
subject to subsection (f), an individual may not 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 journeyman electrician by the
board.
(b) Business entities.--Subject to subsection (f), an
individual, corporation, partnership, firm or other entity shall
not:
(1) Employ an individual to provide electrical services
or direct an individual to provide electrical services unless
the individual is licensed under this act.
(2) Use the term "licensed journeyman electrician" or
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"licensed electrician" or another derivative in connection
with the entity unless at least one employee or the owner of
the entity is licensed as a licensed journeyman electrician
in accordance with this act.
(c) Title.--An individual who holds a license as:
(1) A licensed journeyman electrician or a licensed
journeyman electrician who is maintained on inactive status
pursuant to section 506(b) shall have the right to use the
title "licensed journeyman electrician" and the abbreviation
"L.J.E." No other individual shall use the title "licensed
journeyman electrician" or the abbreviation "L.J.E."
(2) A licensed apprentice electrician or a licensed
apprentice electrician who is maintained on inactive status
pursuant to 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 journeyman electrician,
including a licensed journeyman electrician who contracts to
perform electrical services.
(e) Responsibility.--A licensed journeyman electrician who
contracts to perform electrical services shall be responsible
for inspecting and supervising electrical services performed by
a licensed apprentice electrician and a licensed journeyman
electrician employed to execute the contract.
(f) Exceptions to licensure.--This act shall not apply to
and a license shall not be required for the following:
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(1) The replacement of lamps and fuses.
(2) The connection of portable electrical appliances to
permanently installed receptacles.
(3) The installation, erection, repair, maintenance,
removal, demolition or alteration of electrical equipment or
electrical systems for generation, transmission and
utilization of electrical energy owned or operated by a
political subdivision, public utility, electrical cooperative
corporation, school district, 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 or
utilization of electrical energy of less than ten volts.
(6) The installation, erection, repair, maintenance,
removal, demolition or alteration of electrical equipment and
systems for the generation, transmission and utilization of
electrical energy in structures, facilities, buildings or
premises owned or operated by the Federal Government.
Section 502. Qualifications.
(a) Licensed journeyman electrician.--To be eligible for
licensure as a licensed journeyman electrician, an applicant
must fulfill the following requirements:
(1) Be of good moral character.
(2) Be at least 18 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
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apprentice electrician.
(ii) Completed a program recognized by the board
which trains individuals to provide electrical services.
(iii) Acquired training and experience equivalent to
that set forth 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) In the case of a licensed journeyman electrician who
contracts or intends to contract with a person to provide
electrical services, submit proof satisfactory to the board
of the acquisition of professional liability insurance in an
amount set by the board.
(b) 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.
(c) Renewal of license of licensed apprentice electrician.--
In the case of a licensed apprentice electrician applying for
renewal of a license where registration under subsection (b)(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. Failure to
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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. The board shall promulgate
regulations in order to carry out the provisions of this
subsection, including regulations setting forth the evidence
necessary to demonstrate renewal of registration.
(d) Waiver of examination.--Notwithstanding the provisions
of subsection (a)(5), the board may grant a license to an
individual applying to become a licensed journeyman electrician
without examination if:
(1) The individual applies within one year of the
effective date of section 501.
(2) The individual meets the requirements of age and
character and pays the required fee.
(3) For an individual applying for a license as a
licensed journeyman electrician under this subsection, the
individual submits proof satisfactory to the board of at
least five years of prior experience providing electrical
services within this Commonwealth.
(e) Convictions prohibited.--The board shall 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 relating to a controlled substance
in a court of law of the United States or any other state,
territory or country unless:
(1) At least ten years have elapsed from the date of
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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 some evidence to
the contrary.
Section 503. Continuing education.
(a) Regulations.--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 licensed journeyman electricians under
this act. Regulations shall include any fees necessary for the
board to carry out its responsibilities under this section. The
board may waive all or part of the continuing education
requirement for an individual who shows evidence satisfactory to
the board that the individual was unable to complete the
requirement due to illness, emergency, military service or other
hardship. All courses, materials, locations and instructors
shall be approved by the board. No credit shall be given for a
course in office management or practice building.
(b) Requirement.--Beginning with the licensure period
designated by regulation, an individual applying for renewal of
a license as a licensed journeyman electrician shall be required
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to obtain eight hours of continuing education during the two
calendar years immediately preceding the application for
renewal.
Section 504. Liability insurance.
As a condition of biennial renewal, a licensed journeyman
electrician who contracts or intends to contract to provide
electrical services shall submit proof satisfactory to the board
of the acquisition and maintenance of professional liability
insurance in the amount set by the board. In the case of the
insurance being revoked, canceled or otherwise lapsing, the
licensed journeyman electrician shall notify the board in
writing within 30 days. In such a case, the board shall
immediately place the license of a licensed journeyman
electrician on inactive status. Failure to notify the board in
writing within 30 days shall subject the licensed journeyman
electrician to disciplinary action.
Section 505. Licensed 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 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 set
forth in this act.
(b) Requirement.--For an individual to be eligible to apply
for a license as a licensed journeyman electrician under
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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.--A license issued pursuant to this
act shall be on a biennial basis. The biennial expiration date
shall be established by regulation of the board. Application for
renewal of a license shall biennially be forwarded to an
individual holding a current license prior to the expiration
date of the current biennium. 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 biennial renewal
cycle will expire.
(b) Inactive status.--An individual licensed under this act
may request an application for inactive status. The application
form may be completed and returned to the board. 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. An individual who requests the
board to activate the individual's license and who has been on
inactive status shall, prior to receiving an active license,
satisfy the requirements of the board's regulations regarding
continuing education and remit the required fee. In the case of
a licensed apprentice electrician who is placed on inactive
status pursuant to section 502(c), the licensed apprentice
electrician shall provide evidence to the board of renewal of
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registration before the board may activate the license. The
board shall promulgate regulations to carry into effect the
provisions of this subsection.
Section 507. Reporting of multiple licensure.
A licensee who is licensed as an electrician in any other
state, territory, possession of the United States or country
shall report this information to the board on the biennial
registration application. Any disciplinary action taken in
another state, territory, possession of the United States or
country shall be reported to the board on the biennial
registration application or within 90 days of final disposition,
whichever is sooner. Multiple licensure shall be noted by the
board on the individual's record, and such state, territory,
possession of the United States or country shall be notified by
the board of any disciplinary action taken against the licensee
in this Commonwealth.
CHAPTER 7
ADMINISTRATION AND ENFORCEMENT
Section 701. Fees, fines and civil penalties.
(a) Fees.--All fees required under this act shall be fixed
by the 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. If the revenues raised by the fees, fines and civil
penalties imposed under this act are not sufficient to meet
expenditures over a two-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 inadequate to meet the minimum
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enforcement efforts required by this act, then 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.--All fees, fines and civil penalties imposed in
accordance with this act shall be paid into the Professional
Licensure Augmentation Account established pursuant to 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
violating a provision of this act or a regulation of the board
commits a misdemeanor and, upon conviction, shall be sentenced
to pay a fine of not more than $1,000 or undergo 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 more than $2,000 or
imprisonment of not less than six months or 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
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majority of the duly qualified and confirmed membership or a
minimum of five members, whichever is greater, may levy a civil
penalty up to $1,000 for any of the following:
(1) A licensee who violates a provision of this act.
(2) An individual who performs 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 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 set
forth in subsection (b) only after affording the accused the
opportunity for a hearing as provided 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, suspend or
revoke a license in a case where the board finds:
(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, so long as such dependence shall continue.
In enforcing this paragraph, the board shall, upon probable
cause, have authority to compel a licensee to submit to a
mental or physical examination as designated by it. After
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notice, hearing, adjudication and appeal, failure of a
licensee to submit to such 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 any of the provisions 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
Accelerated Rehabilitative Disposition in the disposition of
felony charges, in the courts of this Commonwealth, the
United States, another state, territory, possession of the
United States or country.
(6) The licensee has had the licensee's license to
practice as an electrician 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
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present an immediate and clear danger to health, safety or
property.
(8) In the case of a licensed journeyman electrician who
contracts to provide electrical services, the licensed
journeyman electrician failed to properly direct and
supervise licensed apprentice electricians and licensed
journeyman electricians who are executing the contract.
(9) In the case of a licensed journeyman electrician
responsible for the direct onsite supervision of a licensed
apprentice electrician, the licensed journeyman 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. Unprofessional conduct shall include departure from
or failing to conform to operating practices or professional
standards embraced by the licensed journeyman electricians'
community in this Commonwealth. In addition, unprofessional
conduct shall also include failing to conform to recognized
electrical safety standards, including the National
Electrical Code in effect in this Commonwealth, and
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
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education requirements of this act.
(b) Acts authorized.--When the board finds that the license
of an individual may be refused, suspended or revoked pursuant
to subsection (a), the board may:
(1) Deny the application for a license.
(2) Administer a public reprimand.
(3) Suspend, revoke, limit or otherwise restrict a
license.
(4) Require a licensee to submit to the care, counseling
or treatment of a physician or a psychologist designated by
the board.
(5) Suspend enforcement of its finding and place a
licensee on probation with the right to vacate the
probationary order for noncompliance.
(6) 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
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) General rule.--A license issued under this act may be
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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 to that
effect 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. The board shall commence formal action to
suspend, revoke or restrict the license of the individual as
otherwise provided for in this act. All actions shall be taken
promptly and without delay. 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 by counsel, cross-examine witnesses, inspect
physical evidence, call witnesses, offer evidence and testimony
and make a record of the proceedings. 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.--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
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laws of another jurisdiction, which, if committed in this
Commonwealth, would be a felony under The Controlled Substance,
Drug, Device and Cosmetic Act. Automatic suspension under this
subsection shall not be stayed pending an appeal of a
conviction. 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 shall not reinstate the license of an
individual which 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.
The board shall require an individual whose license has been
suspended or revoked to 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 which 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 such
act or practice. Upon a showing by the board that the person has
engaged or is about to engage in such 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.
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(a) Authority granted.--The board shall have the authority
to 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 shall have the
power to subpoena witnesses, to administer oaths, to examine
witnesses and to 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. The board is
authorized to apply to Commonwealth Court to enforce its
subpoenas. The court may impose limitations in the scope of the
subpoena as is necessary to prevent unnecessary intrusion into
client confidential information.
(b) Disciplinary matters.--An attorney responsible for
representing 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.--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.
Unless otherwise provided in this act, any local ordinance or
regulation concerning the qualifications, fitness and competence
of individuals to perform electrical services is preempted and
superseded.
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(b) Certain powers preserved.--Nothing in this act shall be
construed to prevent a municipality from doing any of the
following:
(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.
(5) Pursuant to an ordinance, inspecting or regulating
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 State Board of Licensed Electricians 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 carry out this act.
Section 2103. Severability.
The provisions of this act are severable. If any provision of
this act or its application to any person or circumstance is
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held invalid, the invalidity shall not affect other provisions
or applications of this act which can be given effect without
the invalid provision or application.
Section 2104. Effective date.
This act shall take effect as follows:
(1) This section shall take effect immediately.
(2) Section 501 shall take effect in three years.
(3) The remainder of this act shall take effect in 60
days.
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