Electricians must comply with the standards of conduct outlined in 16 Tex. Admin. Code §73.70. These standards of conduct are as follows:
- Provide all electrical work requiring a license through a licensed contractor or employing a governmental entity.
- Accurately and truthfully represent to any prospective client or employer their capabilities and qualifications to perform the services rendered.
- Refrain from offering to perform or performing technical services for which the licensee is not qualified by education or experience without securing the services of another who is qualified.
- Refrain from evading responsibility to a client or employer.
- Refrain from agreeing to perform services if any significant financial or other interest exists that may be in conflict with:
- The obligation to render a faithful discharge of such services; or
- The service would impair independent judgment in doing so.
- Withdraw from employment when it becomes apparent that it is not possible to faithfully discharge the duty and performance of services owed the client or employer upon giving reasonable notice to the client or employer.
- Refrain from engaging in advertising that is false, misleading, deceptive, or which does not clearly display the licensee’s state license number.
- Refrain from misrepresenting the amount or extent of prior education or experience to any employer, client, or department.
- Refrain from representing oneself as being engaged in partnership or association with any person unless it exists in fact.
- Abide by all laws and rules regulating electricians, including all standards of conduct, within any geographic location in this state when performing or offering to perform electrical work.
Electricians must also comply with various electrical work standards, as outlined in 16 Tex. Admin. Code §73.60.
Enforcement Action Against Electricians
Tex. Occ. Code §1305.251 authorizes disciplinary action against Texas electricians if they violate any rules under §1305 or adopted under that chapter or any rules or orders of the executive director or the TDLR. A municipality or region can also suspend an electrician’s license for just cause if the electrician works in its jurisdiction.
If TDLR proposes to take disciplinary action against a license holder, they are entitled to a hearing under Tex. Occ. Code §1305.253, in front of a hearing officer whom TDLR designates.
Potential Penalties and Sanctions for Disciplinary Action
Under Tex. Occ. Code §1305.301, the executive director of TDLR can impose an administrative penalty on license holders who violate any rule or statute that governs their profession. TDLR also can assess administrative penalties on license holders who violate rules or orders issued by TDLR.
Tex. Occ. Code §1305.302 authorizes the executive director of TDLR to issue a cease and desist order if necessary to prevent a violation of this section and to protect public health and safety. The executive director or the attorney general also can initiate an action for an injunction or civil penalty.
The TDLR Enforcement Plan for electricians provides for four different classes of violations, Class A through Class D. These classes have increasing penalties depending on the severity of the actions involved, as follows:
- Class A Violations – Fine between $500 and $2,000 – Minor administrative, advertising, and public notice violations
- Class B Violations – Fine between $1,000 and $3,500 and/or up to one year of full suspension – Records and insurance violations, unlicensed activity, and improper use of a license
- Class C Violations – Fine between $2,000 and $5,000 plus up to one year probated suspension up to revocation – More severe administrative, quality of work, standards of conduct, and unlicensed activity violations
- Class D Violations – Fine of $5,000 and/or revocation – Violations of previous orders of the Commission or Executive Director, violations of examination security requirements, obtaining or attempting to obtain a license by fraud or false representations, failing to pay TDLR for a dishonored payment, falsifying information on an application, and cheating on an examination
Additionally, under Tex. Occ Code §1305.303, license holders can face Class C misdemeanor charges for committing any of the following offenses:
- Violation of the licensing requirements of this chapter;
- Performing electrical work without a license to perform electrical work in this state;
- Employing an individual who does not hold the appropriate license required by this chapter; or
- Falsifying a certification of on-the-job training.
Get the Advice You Need About Your Electrician License
When facing the potential loss of your career and ability to earn a living, you cannot take unwarranted risks. Handling such a challenging situation on your own can have disastrous results. An electrician license defense lawyer at Bertolino LLP, can look at the facts surrounding your situation and determine the best strategy to protect your license. Call us today at (512) 515-9518 or get more information about us online.