You’ve invested years of training, hands-on experience, and professional integrity into earning and maintaining your Texas electrician license. When a complaint is filed, whether it’s based on a misunderstanding, an honest mistake, or something entirely unfounded, it immediately puts your livelihood at risk. Even a baseless allegation can trigger an investigation and potential disciplinary action by the Texas Department of Licensing and Registration (TDLR). Taking swift, strategic action is essential, and that starts with consulting an experienced electrician license defense attorney who can help you navigate the process and protect the career you’ve worked hard to build.
How TDLR Processes Complaints
TDLR receives complaints concerning licensees in all occupations it monitors, including electricians. When TDLR receives a complaint, it makes an initial determination of whether it can take any action on it. First, TDLR decides whether it has legal jurisdiction over the complaint (i.e., whether it involves a licensee of a profession it monitors and regulates). If TDLR finds that it has jurisdiction over the complaint, it examines whether there is evidence of a violation of a Texas rule or law. In some cases, TDLR may find it necessary to gather additional information from the source of this complaint to complete this inquiry.
If TDLR finds no jurisdiction over the complaint or insufficient evidence of any violation, it will close the complaint. On the other hand, if TDLR finds jurisdiction and sufficient evidence of a violation, it will open a formal investigation. At this point, TDLR gives notice of the investigation to the complaining party and the electrician who is the subject of the complaint.
A TDLR investigator then completes the investigation, which may involve interviewing all parties, gathering documents, and conducting on-site investigations in some cases. After the investigator completes the investigation, they prepare a report for submission to a TDLR prosecuting attorney to determine whether further action is needed.
Disciplinary Proceedings at TDLR
Once a prosecuting attorney receives the investigative report, they can take any of the following actions:
- Close the case with no further action;
- Close the case after issuing a warning letter to the electrician; or
- Proceed with formal disciplinary proceedings.
If the attorney chooses to proceed with disciplinary action, they issue a Notice of Alleged Violation (NOAV) to the electrician that seeks administrative penalties and other sanctions. These sanctions can range from written reprimands to license suspension and revocation. Typically, the NOAV contains a settlement offer from TDLR. The electrician’s acceptance of the settlement resolves the disciplinary proceedings. In that case, the parties sign an Agreed Order that sets forth the conditions the electrician must meet to maintain their license in good standing for a specified period. Once TDLR approves the Agreed Order, enforcement staff monitor the electrician for compliance throughout its term.
If the electrician fails to respond to the Notice of Alleged Violation, TDLR still can proceed with disciplinary action. In this case, TDLR would issue a default order containing the requested administrative penalties and other sanctions.
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Alternatively, an electrician who receives a NOAV from TDLR can request a hearing before an administrative law judge (ALJ) at the State Office of Administrative Hearings (SOAH) within 20 days. The ALJ conducts a hearing in accordance with SOAH rules and, after hearing evidence from both sides, issues a proposal for decision (PFD). A PFD contains the judge’s proposed findings of fact, conclusions of law, and recommended disposition of the case, including sanctions, if necessary. TDLR then reviews the PFD and ultimately decides whether to accept, amend, or reject the PFD.
Once the election receives the TDLR’s final order, they can ask for a rehearing to correct any alleged errors within 25 days. This request for rehearing is a prerequisite to an appeal. If the ALJ denies the motion for rehearing, the electrician has 30 days to appeal the order by requesting that a court review it.
Frequently Asked Questions (FAQ)
What types of issues most commonly lead to TDLR complaints against electricians?
Complaints can arise from a wide range of situations, including alleged code violations, improper permitting, safety concerns, unlicensed activity, or disputes over the quality of work. Sometimes, complaints stem from misunderstandings with customers or miscommunication on a job site. Even when the issue seems minor, TDLR may still review the matter to determine whether an electrician violated a rule or law.
What should I do immediately after learning that TDLR has opened an investigation?
Your first step should be to avoid responding impulsively. Anything you submit to TDLR becomes part of the official record and may be used in disciplinary proceedings. Before providing documents, statements, or explanations, it’s wise to consult a professional license defense attorney who can help you understand the allegations, protect your rights, and prepare a strategic response.
Can I continue working while a TDLR investigation is pending?
In most cases, electricians may continue practicing while an investigation is underway, unless TDLR has issued an emergency order restricting or suspending the license. However, the investigation process can take time, and the outcome may affect your ability to work in the future. Staying proactive, organized, and represented during this period is essential to protecting your license and livelihood.
Take Immediate Steps to Protect Your Electrician License
When your Texas electrician license, and the livelihood it supports, is on the line, every decision matters. Trying to navigate a complaint or disciplinary investigation alone can expose you to unnecessary risk and long-term consequences. The electrician license defense lawyers at Bertolino LLP understand what’s at stake. They will evaluate your situation, guide you through each step of the process, and help you build a strategic plan to safeguard your license and career. Call (512) 515-9518 today or visit us online to get the experienced legal support you need to move forward with confidence.
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