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PRINTER'S NO. 286
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
Session of
No. 254
2007
INTRODUCED BY GODSHALL, BELFANTI, CAPPELLI, CARROLL, COHEN, DALEY, DeLUCA, GERGELY, GOODMAN, M. KELLER, MOYER, NAILOR, STURLA, SURRA AND WALKO, FEBRUARY 6, 2007
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, FEBRUARY 6, 2007
AN ACT
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 TABLE OF CONTENTS
6 Chapter 1. Preliminary Provisions
7 Section 101. Short title.
8 Section 102. Definitions.
9 Chapter 3. Board
10 Section 301. State Board of Licensed Electricians.
11 Section 302. Powers and duties of board.
12 Chapter 5. Licensure
13 Section 501. Licensure.
14 Section 502. Qualifications.
15 Section 503. Continuing education.
16 Section 504. Liability insurance.
17 Section 505. Licensed electricians in other states.
18 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. "Commissioner." The Commissioner of Professional and 20070H0254B0286 - 2 -
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.
(b) Composition.--The board shall consist of the following: 20070H0254B0286 - 3 -
(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 appointed and qualified, but in no event longer than six
20070H0254B0286 - 4 -
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 other necessary expenses incurred in the performance of the
20070H0254B0286 - 5 -
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 licensed as licensed journeyman electricians as provided in
20070H0254B0286 - 6 -
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.
(10) To submit annually a report to the Consumer 20070H0254B0286 - 7 -
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 "licensed electrician" or another derivative in connection
20070H0254B0286 - 8 -
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:
(1) The replacement of lamps and fuses. 20070H0254B0286 - 9 -
(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
apprentice electrician. 20070H0254B0286 - 10 -
(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 notify the board within 30 days that registration has expired or
20070H0254B0286 - 11 -
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
conviction. 20070H0254B0286 - 12 -
(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 to obtain eight hours of continuing education during the two
20070H0254B0286 - 13 -
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 subsection (a), the other state, territory or possession of the
20070H0254B0286 - 14 -
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 registration before the board may activate the license. The
20070H0254B0286 - 15 -
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 enforcement efforts required by this act, then the bureau, after
20070H0254B0286 - 16 -
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 majority of the duly qualified and confirmed membership or a
20070H0254B0286 - 17 -
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 notice, hearing, adjudication and appeal, failure of a
20070H0254B0286 - 18 -
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 present an immediate and clear danger to health, safety or
20070H0254B0286 - 19 -
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 education requirements of this act.
20070H0254B0286 - 20 -
(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
temporarily suspended under circumstances determined by the 20070H0254B0286 - 21 -
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 laws of another jurisdiction, which, if committed in this
20070H0254B0286 - 22 -
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.
(a) Authority granted.--The board shall have the authority 20070H0254B0286 - 23 -
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.
(b) Certain powers preserved.--Nothing in this act shall be 20070H0254B0286 - 24 -
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 held invalid, the invalidity shall not affect other provisions
20070H0254B0286 - 25 -
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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