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 20010H0245B0244 - 2 -
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 20010H0245B0244 - 3 -
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 20010H0245B0244 - 4 -
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 20010H0245B0244 - 5 -
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 20010H0245B0244 - 6 -
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 20010H0245B0244 - 7 -
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: 20010H0245B0244 - 8 -
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 20010H0245B0244 - 9 -
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 20010H0245B0244 - 10 -
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 20010H0245B0244 - 11 -
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 20010H0245B0244 - 12 -
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 20010H0245B0244 - 13 -
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 20010H0245B0244 - 14 -
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. 20010H0245B0244 - 15 -
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 20010H0245B0244 - 16 -
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 20010H0245B0244 - 17 -
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. 20010H0245B0244 - 18 -
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 20010H0245B0244 - 19 -
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. 20010H0245B0244 - 21 -
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. L11L63DMS/20010H0245B0244 - 22 -