Public Law, Chapter 402, Part I, 123rd Legislature, First Regular Session

Chapter 402 S.P. 659 - L.D. 1842

PART I

Sec. I-1. 32 MRSA §1101, sub-§1-B is enacted to read:

1-B. Board. "Board" means the Electricians' Examining Board.

Sec. I-2. 32 MRSA §1101, sub-§4-A, as amended by PL 2005, c. 347, Pt. B, §§1 and 2, is further amended to read:

4-A. Supervision. One apprentice electrician or one helper electrician may work with and under the supervision of each master electrician, limited electrician or journeyman electrician. A master electrician who teaches an electrical course at a Maine career and technical education center, a Maine carrer career and technical education region, a Maine community college or an apprenticeship program registered by the Department of Labor may have a maximum of 12 helper or apprentice electricians under direct supervision while making electrical installations that are a part of the instructional program of the school or apprenticeship program, as long as the total value of each installation does not exceed $5,000. An electrical installation may not be commenced pursuant to this subsection without the prior approval of the director or president of the school or apprenticeship program at which the master electrician is an instructor. These installations are limited to those done in buildings or facilities owned or controlled by:

A. School administrative units; and

B. Nonprofit organizations.

The Electricians' Examining Board and the municipal electrical inspector of the municipality in which the installation is to be made, if the municipality has an inspector, must be notified of all installation projects entered into pursuant to this subsection prior to the commencement of the project. There must be an inspection by a state electrical inspector or by the municipal electrical inspector of the municipality in which the installation has been made, if the municipality has an inspector, before any wiring on the project is concealed.

Sec. I-3. 32 MRSA §1105, sub-§1, as enacted by PL 2003, c. 452, Pt. R, §3 and affected by Pt. X, §2, is amended to read:

1. Unlicensed practice. A person, firm or corporation may not: who violates section 1201 is subject to the provisions of Title 10, section 8003-C.

A. Make electrical installations without being licensed as provided in this chapter;

B. While in the business of making electrical installations, employ an unlicensed person, firm or corporation to do that work, unless the unlicensed person, firm or corporation is an apprentice electrician or an electrician's helper as set forth in this chapter; or

C. Procure a license as provided in this chapter wrongfully or by fraud.

Sec. I-4. 32 MRSA §1105, sub-§2, as enacted by PL 2003, c. 452, Pt. R, §3 and affected by Pt. X, §2, is repealed.

Sec. I-5. 32 MRSA §1105, sub-§5, as enacted by PL 2003, c. 452, Pt. R, §3 and affected by Pt. X, §2, is amended to read:

5. Installations by resident; certification. Nothing in this chapter prevents a person from making electrical installations in a single-family residence occupied by that person or to be occupied by that person as the person's bona fide personal abode, as long as the installation conforms with the standards of the National Electric Code or other standards approved by the board. An electrical installation made under the authority of this subsection, after July 1, 1987, in a newly constructed residence, requires certification by a state or local inspector, master electrician or limited electrician in house wiring prior to the activation of electricity by the utility company.

Sec. I-6. 32 MRSA §1151, as amended by PL 2005, c. 235, §§1 to 3, is further amended to read:

§ 1151. Appointment; vacancies; removal; compensation

The Electricians' Examining Board, as established by Title 5, section 12004-A, subsection 13 , and in this chapter called the "board," consists of 7 members appointed by the Governor.

The 7 members consist of: one master electrician experienced in low-energy electronics; one electrician who is a bona fide member from organized labor classified as an inside electrician; one electrical inspector; one master electrician from the education field; and one person experienced in the electrical field, all of whom must have at least 10 years of experience in the electrical field, except that the latter 3 need not be active electricians at the time of their appointment; and 2 representatives of the public members as defined in Title 5, section 12004-A.

Appointments are made for a 3-year term. Appointments of members must comply with Title 10, section 60 8009.

Any member of the board may be removed from office for cause by the Governor.

Sec. I-7. 32 MRSA §1153, as amended by PL 1999, c. 386, Pt. F, §12, is further amended to read:

§ 1153. Meetings; chair; quorum; rules

The board shall hold regular meetings meet at least twice once a year to conduct its business and to elect a chair. Additional meetings may must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. At the first meeting in each calendar year, the 7 appointive members shall choose one appointive member to act as chair. A quorum of the board consists of not less than 4 members. Four members of the board constitute a quorum. The board shall keep correct records of all its proceedings; may adopt, pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II 2, rules it determines necessary for the holding of examinations and for carrying out this chapter; and shall provide for reciprocity of licensing as required to implement section 1206.

Sec. I-8. 32 MRSA §1153-B, as amended by PL 1991, c. 531, §10 and PL 1995, c. 502, Pt. H, §48, is further amended to read:

§ 1153-B. Powers

The board shall have has the following duties and powers, in addition to those otherwise set forth in this chapter.

1. Licenses. The board shall evaluate the qualifications and supervise approve the examination of to be taken by applicants for licensure under this chapter.

2. Hearings. Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license, or as otherwise deemed necessary to the fulfillment of its responsibilities under this chapter.

The board shall not refuse to renew a license for any reason other than failure to pay a required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of any person who is denied a license without a hearing for any reason other than failure to pay a required fee, provided that the request for hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial of his application, the reasons for the denial and his right to request a hearing. Hearings shall be conducted in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts.

3. Contracts. The board may enter into contracts to carry out its responsibilities under this chapter.

4. Certificate as evidence. Notwithstanding any provision of law or rule or evidence, the certificate of the Commissioner of Professional and Financial Regulation or the Director of the Office of Licensing and Registration, under the seal of the State, must be received by any court in this State as prima facie evidence of the issuance, suspension or revocation of any license or permit issued by the department.

Sec. I-9. 32 MRSA §1155-A, as amended by PL 1999, c. 386, Pt. F, §13 and c. 547, Pt. B, §78 and affected by §80, is repealed.

Sec. I-10. 32 MRSA §1155-B is enacted to read:

§ 1155-B. Denial or refusal to renew license; disciplinary action

1. Disciplinary sanctions. In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for:

A. Any gross negligence, incompetency or misconduct in the performance of the work of making electrical installations. Continued failure to conform with applicable regulations of the National Electrical Code, National Electrical Safety Code or of other safety codes that have been approved by the American Standards Association or its successor or other organization approved by the board is prima facie evidence of that gross negligence and incompetency; and

B. While in the business of making electrical installations, employ an unlicensed person, firm or corporation to do that work, unless the unlicensed person, firm or corporation is an apprentice electrician or electrician’s helper as set forth in this chapter.

2. Reinstatement. The board, for reasons it considers sufficient, may reissue a license to any person whose license has been revoked, if 4 or more members of the board vote in favor of that reissuance.

Sec. I-11. 32 MRSA §1157, as enacted by PL 1975, c. 767, §36, is repealed.

Sec. I-12. 32 MRSA §1202, sub-§1, ¶A, as amended by PL 1993, c. 349, §67 and PL 2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to read:

A. For a journeyman electrician's license, a person must:

(1) Complete at least 8,000 hours of service as an apprentice or helper electrician or at least 8,000 hours of experience in electrical installations, as defined in section 1101, and satisfactorily complete a program of study comprising 576 hours as approved by the Electricians' Examining Board or from an accredited institution. The 576 hours shall consist of 225 hours of required study, including an approved course of not less than 45 hours in the current National Electrical Code; and 351 hours of elective study, comprised of all trade-related electives or 225 hours of trade-related courses and 135 hours of degree-related courses;

(2) Be a graduate of an accredited regional applied technology high school 2-year electrical program, have worked for 8,000 hours in the field of electrical installations under the supervision of a master electrician or the equivalent and have completed a course of not less than 45 hours in the current National Electrical Code, the course to be approved by the board;

(3) Be a graduate of an accredited Maine community college electrical program or a vocational-electrical program of the Department of Corrections, have worked for 4,000 hours in the field of electrical installations under the supervision of a master electrician or the equivalent and have completed a course of not less than 45 hours in the current National Electrical Code, the course to be approved by the board. Persons qualifying under this paragraph may write sit for the journeyman's examination upon graduation if application is made within one year of graduation; or

(4) Be an electrical apprentice registered with the State Apprenticeship and Training Council and have completed 576 hours of related instruction, as defined in this paragraph, prescribed in their apprenticeship program, the 8,000-hour approved program and a course of not less than 45 hours in the current National Electrical Code, the course to be approved by the board. Persons qualifying under this paragraph may write the journeyman's examination after completion of the 576 hours of instruction, if application is made within one year of the completion of the instruction.

Sec. I-13. 32 MRSA §1202, sub-§2, as amended by PL 1999, c. 386, Pt. F, §15, is further amended to read:

2. Apprentice or helper. The board may issue a license upon payment of an annual the fee as adopted by the board set under section 1203-A to any person who applies for a license, without examination. Any such person employed by an electrician as an apprentice for the purpose of qualifying for any license mentioned in section 1203, or as an electrician's helper, must apply for a license as such immediately after commencing that employment or immediately after starting school in an electrical course.

Sec. I-14. 32 MRSA §1202, sub-§3, as amended by PL 1983, c. 553, §28, is further amended to read:

3. License displayed. All persons licensed by the board shall are entitled to receive a certificate license, which must be publicly displayed at the principal place of business of the electrician or, if no such place of business, must be carried on the person and displayed at any time upon request, as long as that person continues in the business as defined.

Sec. I-15. 32 MRSA §1202, sub-§4, as amended by PL 1995, c. 325, §14, is further amended to read:

4. Inactive status licenses. A licensee who does not desire to perform any of the electrical installations described in section 1101 and who wants to preserve the license while not engaged in any electrical installations shall surrender the license to the board for placement on may apply for an inactive status license pursuant to Title 10, section 8003, subsection 5-A, paragraph D, subparagraph 5. The board shall place the license on inactive status upon proper application by the licensee. The fee for inactive status may not exceed $80 per renewal. The fee for inactive status licensure is set under section 1203-A. During inactive status the licensee is required to must renew the license biennially and pay the renewal fee as set under section 1203-A, but is not required to meet the education provisions under the rules of the board.

A licensee surrendering a license pursuant to this section may have the license reinstated to active status by demonstrating compliance within the previous biennium with section 1204 and proper application for an active license. Any license placed on inactive status after the effective date of this subsection and remaining inactive for 3 or more years may be reactivated by the applicant being required to successfully pass a license examination at the discretion of the board.

Sec. I-16. 32 MRSA §1204, as amended by PL 1995, c. 325, §17, is further amended to read:

§ 1204. Renewals

All licenses may be renewed for 2-year periods without further examination, upon the payment of the proper renewal fee as set under section 1203-A and documentation of continuing education as established by rule as the board determines necessary. The expiration dates for licenses issued under this chapter may be established at such other times as the Commissioner of Professional and Financial Regulation may designate. The board shall notify everyone registered under this chapter of the date of expiration of the license and the fee required for its renewal for a 2-year period. The notice must be mailed to the person's last known address at least 30 days in advance of the expiration date of the license.

A license may be renewed up to 90 days after the date of its expiration upon payment of a late fee of $10 in addition to the renewal fee as set under section 1203-A. Any person who submits an application for renewal more than 90 days after the license expiration date shall be pay an additional late fee as set under section 1203-A and is subject to all requirements governing new applicants under this chapter, except that the board may in its discretion, giving due consideration to the protection of the public, waive examination or other requirements. The board may levy penalties for nonrenewal. Notwithstanding any other provision of this chapter, the board shall waive examination if a renewal application is made received within 90 days after separation from the United States Armed Forces, under conditions other than dishonorable, by a person who has failed to renew his that person's license because he that person was on active duty in the Armed Forces; provided except that the waiver of examination shall may not be granted if the person served more than 4 years in the Armed Forces, except if he the person is required by some mandatory provision to serve a longer period and he shall submit the person submits satisfactory evidence of this mandatory provision to the board.

Any master electrician giving up his master's license for a lower grade license shall be required to successfully pass an examination in order to reinstate his master license.

Public Laws

123rd Legislature

First Regular Session

Chapter 402

S.P. 659 - L.D. 1842