Senate Bill No. 382
(By Senators Tomblin (Mr. President) and Sprouse
By Request of the Executive)
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[Introduced February 2, 1999;
referred to the Committee on Government Organization;
and then to the Committee on Finance.]
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A BILL to amend chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article fourteen, relating to the creation of the West Virginia electrician licensing board and the licensing of electricians; appointment of members; defining terms; promulgation of legislative rules; requirements for a license; classes of licenses; issuance of licenses by the commissioner; powers and duties of the board; examination, licensing and regulation of electricians; providing penalties for violations; and authorizing fees and the use thereof to be used for the enforcement of the article.

Be it enacted by the Legislature of West Virginia:
That chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article fourteen, to read as follows:
ARTICLE 14. ELECTRICIANS LICENSING.
§21-14-1. Declaration of purpose.
This article is enacted to protect the health, safety and welfare of the public as well as public and private property by assuring the competence of those who perform electrical work through licensure by the commissioner of the state division of labor.
§21-14-2. Definitions.
As used in this article:
(a) "Apprentice electrician" means a person with interest in and an aptitude for performing electrical work but who alone is not capable of installing wires, conduits, apparatus, equipment, fixtures and other appliances.
(b) "Board" means the West Virginia electrician's licensing board created by this article.
(c) "Commissioner" means the commissioner of the West Virginia division of labor.
(d) "Division" means the West Virginia division of labor.
(e) "Electrical contractor" means a person, firm or corporation who engages in the business of electrical work or employs master electricians, electricians, apprentice electricians or helpers for the construction, alteration or repair of any electrical wiring, equipment or systems for the purposes of controlling or furnishing heat, light or power.
(f) "Electrical work" means the installation of wires, optical fiber cables, conduits, apparatus, fixtures, appliances and equipment regulated by the National Electrical Code or systems for transmitting, carrying, controlling or using electricity for light, heat, power, alarm and communication purposes.
(g) "Journeyman electrician" means a person qualified by at least four years of electrical work experience to do any work installing wires, conduits, apparatus, equipment, fixtures and other appliances subject to supervision by a master electrician.
(h) "License" means a valid and current certificate of competency issued by the commissioner of labor.
(i) "Master electrician" means a person with at least five years of electrical work experience, including experience in all phases of electrical wiring and installation, who is competent to instruct and supervise the electrical work of journeyman electricians and apprentice electricians.
(j) "Specialty electrician" means a person qualified to perform electrical work in a limited or specialized area.
§21-14-3. West Virginia electrician licensing board created; members; appointment; terms; vacancies; qualifications; quorum.
(a) There is hereby created the West Virginia electrician licensing board. The board shall consist of seven members, appointed by the governor by and with the advice and consent of the Senate for terms of four years. Such members shall serve until their successors are appointed and have qualified. One member shall be the owner of an electrical contracting business with an annual gross volume of business that exceeds two million dollars, one member shall be the owner of an electrical contracting business with an annual gross volume of business that is less than two million dollars, one member shall be an individual who is licensed as a master electrician, one member shall be an individual who is licensed as a journeyman electrician, one member shall be an individual who is licensed as a specialty electrician, one member shall be a representative of apprentice electricians and one member shall be a consumer or a consumer safety representative who has no direct financial interest in an electrical contracting business or who is licensed as an electrician. No more than four of the appointed members of the board shall be of the same political party. The commissioner of labor shall be an ex officio nonvoting member of the board and shall serve as its chair.
(b) The terms of the members first appointed shall be two members for two years, two members for three years, and three members for four years, as designated by the governor at the time of appointment. Thereafter, terms shall be for four years. A member who has served all or part of two consecutive terms shall not be subject to reappointment unless four years have elapsed since the member last served. Vacancies shall be filled by appointment by the governor for the unexpired term of any member whose office is vacant and shall be made within ninety days of the occurrence of the vacancy. A vacancy on the board shall not impair the right of the remaining members to exercise all the powers of the board.
(c) The board shall meet at least once annually and at such other times as called by the chair or a majority of the board. Board members shall receive no remuneration for their service, but shall be reimbursed for their actual expenses incurred in the performance of their duties as such. A majority of the membership of the board shall constitute a quorum of the board.
§21-14-4. Administrative duties of the board; rules.
(a) Pursuant to the provisions of article three, chapter twenty-nine-a of this code, the board shall propose rules for legislative approval relating to the following:
(1) The minimum qualifications for applicants for examination and license in each of the following specified classes of electrician:
(A) Master electrician;
(B) Journeyman electrician;
(C) Apprentice electrician; and
(D) Specialty electrician.
(2) The content of examinations for applicants in each class;
(3) Procedures for applicant, examination and license renewal, and the manner in which the examination will be conducted;
(4) The continued competency of licensees for purposes of renewal and reinstatement of licenses; and
(5) Procedures for disciplinary action before the board.
(b) The board shall:
(1) Request through the division, investigation of any alleged violation of this article or the regulations;
(2) Forward results of examinations to the commissioner within twenty days following the examination; and
(3) Take minutes and records of all meetings and proceedings.
§21-14-5. Necessity of license.
After the thirtieth day of June, one thousand nine hundred ninety-nine, no electrical work may be performed, offered or engaged in for compensation or hire within the state of West Virginia by any person, firm or corporation unless such person, firm or corporation possesses a license and a certificate therefor issued by the commissioner in accordance with this article. A copy of such license shall be posted on any job in which electrical work is being performed for hire.
§21-14-6. Exemptions; nonapplicability of license requirements.
This article does not apply to and no license may be required for:
(a) A person who performs electrical work with respect to any property owned or leased by such person;
(b) A person who performs electrical work at any manufacturing plant or other industrial establishment as an employee of the person, firm or corporation operating such plant or establishment;
(c) A person who performs electrical work while employed by an employer who engages in the business of selling appliances at retail, so long as such electrical work is performed incident to the installation or repair of appliances sold by the employer;
(d) A person who, while employed by a public utility, performs electrical work in connection with the furnishing of public utility service; or
(e) Any government employee performing electrical work on government property while in the employ of the government entity performing the work.
§21-14-7. License; classes of licenses; issuance of licenses by commissioner; qualifications required for license; nontransferability and nonassignability of licenses; expiration of licenses; renewal; reciprocity.
(a) The following four classes of license may be issued by the commissioner: "Master electrician license," "journeyman electrician's license," "apprentice electrician 1 license" and "temporary electrician license." Additional classes of specialty electrician license may be issued by the commissioner as authorized by the board.
(b) The commissioner shall issue the appropriate class of license to a person, firm or corporation upon a finding that such person, firm or corporation possesses the qualifications for the class of license to be issued.
(c) The minimum qualifications for each class of license to be issued are as follows:
(1) For a "master electrician license," a person must have five years of experience in electrical work or such breadth, independence and quality that such work indicates that the applicant is competent to perform all types of electrical work and can direct and instruct journeyman electricians and apprentice electricians in the performance of electrical work. Such applicant, or a member of a firm or an officer of a corporation if the applicant be a firm or corporation, must also pass the master electrician examination given by the board with a grade of eighty percent or better;
(2) For a "journeyman electrician's license," a person must have at least four years of experience in performing electrical work under the direction or instruction of a master electrician or must have completed a formal apprentice program or an electrical vocational education program of at least one thousand eighty hours in length and approved by the state board of education or its successor, providing actual electrical work experience and training conducted by one or more master electricians. Such applicant must also pass the journeyman electrician's examination given by the board with a grade of eight percent or better;
(3) For an "apprentice electrician license," a person must pass the apprentice electrician's examination given by the board with a grade of eighty percent or better or be enrolled in an electrical apprentice program approved by the board and the commissioner;
(4) A one-time temporary master or journeyman electrician license of ninety days' duration may be issued to an applicant providing the applicant has completed a United States department of labor/bureau of apprenticeship and training registered electrical apprenticeship program, or an electrical vocational education program of at least one thousand eighty hours in length and approved by the board of education or its successor, and have at least four years of experience in performing electrical work and furnishes the commissioner with satisfactory evidence of electrical work;
(5) Other specialty electrician licenses may be authorized by the board and issued by the commissioner which limits the work of an applicant to a limited area of expertise. Such applicant must pass the specialty electrician's examination given by the board with a grade of eighty percent correct or better.
(d)(1) Certificates of license for a master electrician's license issued by the commissioner shall specify the name of the person passing the master electrician examination, who in the case of a firm shall be one of its members and in the case of a corporation shall be one of its officers.
(2) Licenses issued to electricians shall specify the name of the person who is thereby authorized to perform electrical work or, in the case of apprentice electricians, to work with other classes of electricians to perform electrical work.
(e) No license issued under this article is assignable or transferable.
(f) All licenses issued by the commissioner shall expire on the thirtieth day of June following the year of issue or renewal.
(g)(1) Each expiring license may be renewed without need for examination and without limit as to the number of times renewed, for the same class of license previously issued and for the same person, firm or corporation to whom it was originally issued upon payment to the commissioner of a renewal fee of fifty dollars if such application for renewal and payment of such fee is made before the date of expiration of the license.
(2) In the case of a failure to renew a license on or before the thirtieth day of June, the person named in the license may, upon payment of the renewal fee and an additional fee of fifteen dollars, receive from the commissioner a deferred renewal of such license which shall expire on the thirtieth day of June in the ensuing year. No person, firm or corporation may perform electrical work upon expiration of such person's, firm's or corporation's license until a deferred renewal for such license is issued by the commissioner even if such person, firm or corporation has applied for the deferred renewal of such license. The commissioner, in his or her discretion, may waive the fifteen dollar additional fee for licenses renewed during the year this section is enacted.
(h) To the extent that other jurisdictions provide for the licensing of electricians, the commissioner may grant the same or equivalent classification of license without written examination upon satisfactory proof furnished to the commissioner that the qualifications of such applicant are equal to the qualifications required by this article and upon payment of the required fee: Provided, That as a condition to reciprocity, the other jurisdiction must extend to licensed electricians of this state, the same or equivalent classification.
§21-14-8. Rules; applicants and examinations; fees.
(a) The board shall promulgate necessary rules pursuant to the provisions of chapter twenty-nine-a of this code to implement the provisions of this article. Rules adopted by the state fire commission and presently in effect shall remain in effect until and unless the board adopts new rules, and the board may adopt any or all of the rules presently in effect.
(b) The commissioner shall prepare and arrange for the receipt of applications from those who intend to perform electrical work in the state of West Virginia. Such application shall be sufficiently detailed to enable the commissioner to determine the presence or absence of an applicant's qualifications for a license of a particular class. The commissioner may, if he or she considers it necessary, require applicants to supply affidavits or other documents attesting to the applicant's qualifications from past employers, other electricians, engineers and others with knowledge of the applicant's qualifications. The commissioner may make such other inquiries as he or she considers necessary to determine the qualifications of the applicant. An applicant expressly consents to such inquiries by the commissioner by his or her application.
(c) The board shall prepare and arrange for the giving of examinations to all applicants for licensure. There shall be a separate and different examination for each class of license, appropriate in subject matter, difficulty and depth of understanding for each class. All examinations shall be based on and derived from the national electric code as promulgated from time to time by the national fire protection association. A minimum grade of eighty percent correct for all examinations is necessary for licensure by the commissioner. The examinations shall be given at least four times each year. The places, dates and times of such examinations shall be made known by public notice issued by the board. The board may contract with the bureau of vocational, technical and adult education, state department of education, or independent private testing agency qualified to conduct examinations on behalf of the board.
(d) Each person desiring to take an examination shall make written application therefor at the time designated by and on forms prescribed by the commissioner. The applicant shall specify the class of license for which he or she seeks licensure. The application shall be accompanied by an examination fee of twenty-five dollars for licenses for master electrician or journeyman electrician, or by an examination fee of ten dollars for an apprentice electrician license or twenty-five dollars for a specialty license. The fee is not returnable.
(e) An applicant who fails to make the required passing score on any examination or who lacks qualifications for the class of license desired may retake the examination or change his or her application to request a license of a lesser class upon the payment to the commissioner of a fee of ten dollars together with a new application. Any reexamination may be taken or new application may be submitted as many times as the applicant desires, but each such examination or application requires the payment of the additional fee of ten dollars and the making of a new application to the commissioner. When the examination is successfully passed and the requisite qualifications are established by the applicant, the commissioner shall issue the appropriate license as provided above.
§21-14-9. License without examination; fees.
(a) An applicant who is enrolled in a formal electrical apprenticeship program and registered with the United States department of labor/bureau of apprenticeship and training or enrolled in an electrical vocational education program of at least one thousand eighty hours in length and approved by the state board of education or its successor shall not be required to take the apprentice examination described in section seven of this article for one hundred eighty days: Provided, That a one time temporary license shall be issued for one hundred eighty days. Such applicant is required to submit a completed application on forms prescribed by the commissioner accompanied by the appropriate license fee.
(b) Such applicant who is exempt from testing is nevertheless required to submit a complete application on forms prescribed by the commissioner accompanied by a license fee of twenty-five dollars.
§21-14-10. Denial of license; suspension and revocation of license.
(a) The commissioner shall deny a license to any applicant who fails to make a passing grade on the examination or who fails to establish or who lacks the necessary qualifications for a license for the class of license desired.
(b) The board may upon complaint by the commissioner after notice and hearing as provided by article five, chapter twenty-nine-a of this code, suspend or revoke the license of any person who holds a license if:
(1) The license was granted upon an application or documents supporting such application which materially misstated the terms of the applicant's qualifications or experience;
(2) Such person subscribed or vouched for such misstatement by an applicant;
(3) Such person incompetently or unsafely performs electrical work;
(4) Such person violated any statute of the state of West Virginia, any rule lawfully promulgated by an agency of the state of West Virginia or any ordinance of any municipality or county of the state of West Virginia which protects the consumer or public against unfair, unsafe, unlawful or improper business practices; or
(5) Such person fails to comply with any rule of the board promulgated to fulfill its responsibilities under this article.
(c) Any person aggrieved by an order or decision of the board under this article is entitled to an appeal hearing before the board.
(1) A person desiring an appeal hearing must submit a written request for such hearing to the board within sixty days of the date of the order or decision.
(2) The board shall schedule an appeal hearing within thirty days of the date of the request for hearing.
(3) The board may retain a hearing examiner to conduct the hearing and present proposed findings of fact and conclusions of law to the board for its action.
(4) All hearings conducted under this section shall be conducted in accordance with the provisions of chapter twenty- nine-a of this code.
§21-14-11. Violation of article; injunction; criminal penalties.
(a) Any person, firm, corporation or employee thereof, or any representative, member or officer of such firm or corporation, individually, entering upon or engaging in the business of performing any electrical work as defined in this article, without obtaining the required license or otherwise complying with this article, is for the first offense guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than two hundred dollars nor more than one thousand dollars. For a second and each subsequent offense, the penalty and punishment is a fine of not less than five hundred dollars nor more than five thousand dollars.
Each day during which such electrical work is performed without the required license or while in noncompliance with any of the provisions of this article, after official notice that such work is unlawful, is a separate offense.
(b) Upon a determination that a person is engaging in electrical work in this state without a valid license, the board or the commissioner may issue a cease and desist order requiring such person to immediately cease all operations in the state. The order shall be withdrawn upon issuance of a license to such person. After a hearing, the board may impose a penalty of not less than two hundred dollars nor more than one thousand dollars upon any person engaging in electrical work in the state without a valid license.
(c) Any person continuing to engage in electrical work in the state without a valid license after service of a cease and desist order is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than two hundred dollars nor more than five thousand dollars, or imprisoned in the county or regional jail not more than six months or both fined and imprisoned.
(d) The board may institute proceedings in the circuit court of the county in which the alleged violations of the provisions of this article occurred or are now occurring to enjoin any violation of any provision of this article.
(e) The board shall, by regulation, provide for an administrative hearing before a penalty is levied, and for review of any final ruling issued pursuant to such hearing.
§21-14-12. Disciplinary powers of the board.
(a) The board has the power and authority to impose the following disciplinary actions:
(1) Permanently revoke a license;
(2) Suspend a license for a specified period;
(3) Censure or reprimand a licensee;
(4) Impose limitations or conditions on the professional practice of a licensee;
(5) Impose requirements for remedial professional education to correct deficiencies in the education, training and skill of a licensee; and
(6) Impose a probationary period requiring a licensee to report regularly to the board on matters related to the grounds for probation; the board may withdraw probationary status if the deficiencies that require the sanction are remedied.
(b) The board may summarily suspend a license pending a hearing or pending an appeal after hearing upon a determination that the licensee poses a clear, significant and immediate danger to the public health and safety.
(c) The board may reinstate the suspended or revoked license of a person, if, upon a hearing, the board finds and determines that such person is able to practice with skill and safety.
(d) The board may accept the voluntary surrender of a license: Provided, That such license may not be reissued unless the board determines that the licensee is competent to resume practice and the licensee pays the appropriate renewal fee.
(e) A person adversely affected by disciplinary action may appeal to the board within sixty days of the date of such disciplinary action is taken. The board shall hear the appeal within thirty days from the receipt of notice of appeal in accordance with the provisions of chapter twenty-nine-a of this code. Hearings shall be conducted in Charleston. The board may retain a hearing examiner to conduct hearings and present proposed findings of fact and conclusions of law to the board for its action.
(f) Any person adversely affected by any action of the board may appeal such action pursuant to the provisions of chapter twenty-nine-a of this code.
(g) The following are causes for disciplinary action:
(1) Abandonment, without legal excuse, of any project or operation engaged in or undertaken by the licensee;
(2) Failure or refusal to complete a project or operation with reasonable diligence, thereby causing material injury to another;
(3) Departure from or disregard of plans or specifications in any material respect without the consent of the parties to the contract;
(4) Violation of the building laws or regulations of the state or of any political subdivision thereof;
(5) Failure to pay any moneys when due for any materials free from defect, or services rendered in connection with such person's operations as an electrician when such person has the capacity to pay or when such person has received sufficient funds under the contract as payment for the particular electrical work for which the services or materials were rendered or purchased, or the fraudulent denial of any amount with intent to injure, delay or defraud the person to whom the debt is owed;
(6) Misrepresentation of a material fact by an applicant or licensee in obtaining a license, or in connection with official licensing matters;
(7) Failure to comply in any material respect with the provisions of this article of the rules of the board;
(8) Acting in the capacity of an electrician when not licensed;
(9) Acting with the intent to evade the provisions of this article: (i) Aiding or abetting an unlicensed person to evade the provisions of this article; (ii) combining or conspiring with an unlicensed person to perform an unauthorized act; (iii) allowing a license to be used by an unlicensed person; or (iv) attempting to assign, transfer or otherwise dispose of a license or permitting the unauthorized use thereof;
(10) Engaged in any fraudulent or deceitful act in the capacity as an electrician whereby substantial injury is sustained by another.
(h) In all disciplinary hearings, the board has the burden of proof as to all matters in contention. No disciplinary action shall be taken by the board except on the affirmative vote of at least four members thereof. Other than as specifically set out herein, the board shall have no power or authority to impose or assess damages.
§21-14-13. Recordkeeping.
(a) The board and the division shall maintain at the principal office, open for public inspection during office hours, a complete indexed record of all applications, licenses issued, licenses renewed and all revocations, cancellations, and suspensions of licenses. Applications shall show the date of application, name, qualifications, place of business and place of residence of each applicant; and whether the application was approved or refused.
(b)(1) All investigations, complaints, reports, records, proceedings and other information received by the commissioner and the board and related to complaints made to the commissioner or board pursuant to this article, including the identity of the complainant or respondent, shall be confidential and shall not be knowingly and improperly disclosed by any member or former member of the board, the commissioner or his or her staff, except as follows:
(A) Upon a finding that probable cause exists to believe that a respondent has violated the provisions of this article, the complaint and all reports, records, nonprivileged and nondeliberative materials introduced at any probable cause hearing held pursuant to the complaint are thereafter not confidential: Provided, That confidentiality of such information shall remain in full force and effect until the respondent has been served with a copy of the statement of charges.
(B) Any subsequent hearing held in the matter for the purpose of receiving evidence or arguments of the parties or their representatives shall be open to the public and all reports, records and nondeliberative materials introduced into evidence at such subsequent hearing, as well as the board's and commissioner's orders, are not confidential.
(C) The commissioner or board may release any information relating to an investigation at any time if the release has been agreed to in writing by the respondent.
(D) The complaint as well as the identity of the complainant shall be disclosed to a person named as respondent in any such complaint filed immediately upon such respondent's request.
(E) Where the commissioner or board is otherwise required to by the provisions of this article to disclose such information or to proceed in such a manner that disclosure is necessary and required to fulfill such requirements.
(2) If, in any specific case, the commissioner or board finds that there is a reasonable likelihood that the dissemination of information or opinion in connection with a pending proceeding will interfere with a fair hearing or otherwise prejudice the due administration of justice, the commissioner or board shall order that all or a portion of the information communicated to the commissioner or board to cause an investigation and all allegations of violations or misconduct contained in a complaint shall be confidential, and the person providing such information or filing a complaint shall be bound to confidentiality until further order of the board.
(c) If any person violates the provisions of subsection (b) of this section by knowingly and willfully disclosing any information made confidential by such section or by the commissioner or board, such person shall be guilty of a misdemeanor and, upon conviction thereof, may be fined not less than five hundred dollars nor more than five thousand dollars, or imprisoned in the county or regional jail not more than one month, or both fined and imprisoned.
(d) The commissioner shall certify to the state auditor and to the board a detailed statement of all moneys received and spent during the preceding fiscal year.
§21-14-14. Administrative duties of division.
(a) For and on behalf of the board, the division and the commissioner shall perform the following administrative duties:
(1) Collect and record all fees;
(2) Provide financial reports as requested by the board;
(3) Maintain records and files;
(4) Issue and receive application forms;
(5) Notify applicants of the results of board examinations;
(6) Arrange space for holding examinations and other proceedings;
(7) Issue licenses and temporary licenses as authorized by this article and the board;
(8) Issue duplicate licenses upon submission of a written request by the licensee attesting to loss of or the failure to receive the original and payment by the licensee of a fee established by regulation adopted by the board;
(9) Notify licensees of renewal dates at least thirty days before the expiration date of their license;
(10) Answer routine inquiries;
(11) Maintain files relating to individual licensees;
(12) Arrange for printing and advertising;
(13) Purchase supplies;
(14) Employ additional help when needed;
(15) Perform other services that may be requested by the board;
(16) Provide inspection, enforcement and investigative services to the board;
(17) Issue cease and desist orders to persons engaged in electrical work within the state without a license; and
(18) Enforce the provisions of this article and its applicable rules.
(b) All authority not specifically delegated to the commissioner and the division shall be the responsibility of the board.
§21-14-15. Nonapplicability of local ordinances; exclusive license.
After the effective date of this article, no municipality, local government or county may require any license or other evidence of competence as an electrician from any person, firm or corporation who or which holds a valid and current license issued pursuant to this article, as a condition precedent to permission for the performance of electrical work in such municipality, local government jurisdiction or county.
§21-14-16. Disposition of fees, fines and other receipts.
All fees or other moneys received as a result of actions under this article shall be paid to the commissioner. Such receipts shall be deposited by him or her in a special account with the state treasurer known as the "Electrician Licensing Fund" from which the commissioner is authorized to make expenditures in administering this article.
§21-14-17. Transfer of information.
On or before the first day of May, one thousand nine hundred ninety-nine, the state fire marshal shall transfer to the commissioner of labor all records in his or her possession related to the licensing and regulation of electricians.

NOTE: The purpose of this bill is to transfer the enforcement authority of article three-b, chapter twenty-nine of the code of West Virginia, Licensure of Electricians, from the State Fire Marshal's Office to the newly-created West Virginia Electrician Licensing Board and the Division of Labor. This bill also provides for the appointment of the board and the board's powers and duties.

This article is new; therefore, strike-throughs and underscoring have been omitted.