Electricians Penalties and Sanctions
Texas Occupations Code, Chapter 1305
16 Texas Administrative Code, Chapter 73
Class A Violations
Penalty: Fine between $500 - $2,000
Administrative Violations
Violation | Texas Law or Rule |
---|---|
Failed to notify the Department when a new licensee of record is assigned | 16 TAC §73.51(a)(1), 16 TAC §73.52(a)(1), 16 TAC §73.54(a)(1) |
Failed to notify the Department within 30 days that the licensee of record is no longer employed | 16 TAC §73.51(a)(1), 16 TAC §73.52(a)(1), 16 TAC §73.54(a)(1) |
Advertising Violations
Violation | Texas Law or Rule |
---|---|
Failed to include contractor name and license number in advertising | 16 TAC §73.51(e), 16 TAC §73.52(e), 16 TAC §73.54(d), 16 TAC §73.70(g) |
Public Notice Violations
Violation | Texas Law or Rule |
---|---|
Failed to permanently affix license number and business name in conspicuous place on both sides of each vehicle | Occupations Code §1305.166(b)(2) |
Failed to display business name and contractor license number on each vehicle used in the conduct of electrical work | 1305.166(a), 16 TAC §73.51(d), 16 TAC §73.52(d), 16 TAC §73.54(c) |
Failed to display license number and business name on each vehicle in characters at least two inches high and in color that contrasts with background | Occupations Code §1305.166(b)(1),
16 TAC §73.51(d), |
Failed to include name, address, phone number and license number of contractor on all proposals, invoices, and written contracts | 16 TAC §73.51(f), 16 TAC §73.52(f), 16 TAC §73.54(e) |
Failed to include Department information on all proposals, invoices and written contracts | 16 TAC §73.51(f), 16 TAC §73.52(f), 16 TAC §73.54(e) |
Class B Violations
Penalty: Fine between $1,000 to $3,500 and/or up to one year full suspension
Records Violations
Violation | Texas Law or Rule |
---|---|
Failed to maintain employee records and records of all work performed for four years | 16 TAC §73.51(a)(2), 16 TAC §73.52(a)(2), 16 TAC §73.54(a)(2) |
Failed to make employee records or records of all work performed available to the Department upon request | 16 TAC §73.51(a)(2), 16 TAC §73.52(a)(2), 16 TAC §73.54(a)(2) |
Insurance Violations
Violation | Texas Law or Rule |
---|---|
Failed to maintain the minimum general liability insurance | 16 TAC §73.40(a) |
Failed to provide a certificate of insurance to the Department upon request | 16 TAC §73.40(b) |
Failed to provide name of insurance carrier to a customer upon request | 16 TAC §73.40(d) |
Failed to obtain insurance from an appropriate company | 16 TAC §73.40(e) |
Unlicensed Activity
Violation | Texas Law or Rule |
---|---|
Performed or offered to perform electrical work with an expired license | 16 TAC §73.22(b), 16 TAC §73.23(d) |
Improper Use of a License
Violation | Texas Law or Rule |
---|---|
Used a license number not assigned to the contractor by the Department | 16 TAC §73.22(d), 16 TAC §73.51(h), 16 TAC §73.52(h), 16 TAC §73.54(g) |
Used a license belonging to another person | 16 TAC §73.22(h) |
Licensee allowed another person to use his license | 16 TAC §73.22(h) |
Class C Violations
Penalty: Fine between $2,000 to $5,000 plus one year probated suspension up to revocation
Administrative Violations
Violation | Texas Law or Rule |
---|---|
Altered a license | 16 TAC §73.22(f) |
Failed to provide to the Department documentation of on-the-job training for an applicant | 16 TAC §73.26(b) |
Quality of Work
Violation | Texas Law or Rule |
---|---|
Within a municipality, performed electrical work that was not in compliance with all applicable local ordinances | Occupations Code §1305.201(d), 16 TAC §73.53, 16 TAC §73.60(a) |
In an unincorporated area of the state, performed non-exempt electrical work that was not in compliance with the National Electrical Code adopted by the Department | Occupations Code §1305.201(e), 16 TAC §73.53, 16 TAC §73.60(a), 73.100 |
Performed electrical work and failed to provide safe and proper installation and service | 16 TAC §73.51(b)(1), 16 TAC §73.52(b)(1), 16 TAC §73.54(b)(1) |
Performed electrical work and failed to assure electro-mechanical integrity of the work | 16 TAC §73.51(b)(1), 16 TAC §73.52(b)(1), 16 TAC §73.54(b)(1) |
Failed to supervise all licensees to assure compliance with applicable statutes, rules, and standards of conduct | 16 TAC §73.51(g), 16 TAC §73.52(g), 16 TAC §73.54(f) |
Performed electrical work that did not comply with all applicable codes and ordinances | 16 TAC §73.53 |
Failed to exercise reasonable judgment and skill | 16 TAC §73.60(a) |
Performed or offered to perform services for which the licensee was not qualified by education or experience | 16 TAC §73.70(c) |
Standards of Conduct
Violation | Texas Law or Rule |
---|---|
Misrepresented the need for services, services to be provided, or services that have been provided | 16 TAC §73.51(b)(2), 16 TAC §73.52(b)(2), 16 TAC §73.54(b)(2) |
Made a fraudulent promise or false statement to influence, persuade, or induce contracting of services | 16 TAC §73.51(b)(3), 16 TAC §73.52(b)(3), 16 TAC §73.54(b)(3) |
Engaged in acts or practices that constitute dishonesty, misrepresentation, or fraud | 16 TAC §73.60(b), 16 TAC §73.60(d)(3) |
Engaged in acts or practices that constitute threats, coercion, or extortion | 16 TAC §73.60(b) |
Engaged in acts intending to evade the Act, rules, or standards adopted by the Commission | 16 TAC §73.60(d)(1) |
Furnished inaccurate, deceitful, or misleading information to the Department, a consumer, or other person | 16 TAC §73.60(d)(2) |
Failed to accurately and truthfully represent to client or employer the licensee’s qualifications to perform the services to be rendered | 16 TAC §73.70(b) |
Evaded responsibility to a client or employer | 16 TAC §73.70(d) |
Agreed to perform services when significant financial or other interests were in conflict with obligation to render faithful discharge of services | 16 TAC §73.70(e)(1) |
Agreed to perform services when significant financial or other interests would impair independent judgment in rendering services | 16 TAC §73.70(e)(2) |
Failed to withdraw from employment when it became apparent that it was impossible to faithfully discharge duty and services owed the client or employer | 16 TAC §73.70(f) |
Failed to give reasonable notice of necessity of withdrawing from employment or services | 16 TAC §73.70(f) |
Engaged in advertising that was false, misleading, or deceptive | 16 TAC §73.70(g) |
Misrepresented the amount or extent of prior education or experience | 16 TAC §73.70(h) |
Held self out as being engaged in partnership or association with a person when the partnership or association did not exist | 16 TAC §73.70(i) |
Unlicensed Activity
Violation | Texas Law or Rule |
---|---|
Performed or offered to perform electrical work without the appropriate license | Occupations Code §1305.151 |
Designed an electrical system without the appropriate license | 16 TAC §73.51(c), 16 TAC §73.52(c) |
Subcontracted the design of an electrical system to an unlicensed person | 16 TAC §73.51(c), 16 TAC §73.52(c) |
Failed to ensure all electrical work was performed by licensed individuals | 16 TAC §73.51(b)(4), 16 TAC §73.52(b)(4), 16 TAC §73.54(b)(4) |
Failed to provide all electrical work through a licensed contractor | 16 TAC §73.70(a) |
Class D Violations
Penalty: Fine of $5,000 and/or Revocation
Violation | Texas Law or Rule |
---|---|
Violated a previous order of Commission or Executive Director | Occupations Code §1305.251(2), Occupations Code 51.353(a) |
Violated examination security requirements | 16 TAC §60.52(a) |
Obtained or attempted to obtain a license by fraud or false representations | 16 TAC §60.23(a)(1), 16 TAC §73.22(c) |
Failed to pay the Department for a dishonored payment | 16 TAC §60.82 |
Falsified information on an application | 16 TAC §73.22(c) |
Cheated on an examination | 16 TAC §73.22(c) |