Electricians Penalties and Sanctions
Reference Laws and Rules
Class A Violations
Penalty Range: $500 to $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 |
Occupations Code §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),
16 TAC §73.52(d),
16 TAC §73.54(c)
|
| 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)
|
| Failed to conspicuously state the name and license number of the electrical contractor who will perform the installation in an agreement for sale or lease of a residential solar energy system that includes installation |
Occupations Code §1806.155(a)(2) |
| Failed to include a provision that any required permits or approvals will be obtained in a residential solar energy system sale or lease agreement that includes installation |
Occupations Code §1806.155(a)(3) |
| Failed to include a Right to Cancel provision in an agreement for sale or lease of a residential solar energy system that involves a third-party lender |
Occupations Code §1806.155(c) |
Class B Violations
Penalty: $1,000 to $3,500 and/or up to 1-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)
|
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, policy number, name, address, and telephone number of agent to a customer upon request |
16 TAC §73.40(d) |
| Failed to obtain insurance from an appropriate company |
16 TAC §73.40(e) |
Unlicensed Violations
| 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)
|
| Provided instruction in a career and technology education program in an institute of higher learning with an expired master electrician, journeyman electrician, or residential wireman license. |
Occupations Code §1305.1575(e) |
Improper Use of a License Violations
| 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: $2,000 to $5,000 and/or 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 Violations
| 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),
16 TAC §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)
|
| 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) |
Standard of Conduct Violations
| 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) |
| Failed to cancel an agreement for the sale or lease of a residential solar energy system without penalty or further obligation as required by statute |
Occupations Code §1806.156 |
Unlicensed Violations
| Violation |
Texas Law or Rule |
| Performed or offered to perform electrical work without the appropriate license |
Occupations Code §1305.151,
Occupations Code §1305.1575(d)
|
| Provided instruction in a career and technology education program in an institute of higher learning without a master electrician, journeyman electrician, or residential wireman license. |
Occupations Code §1305.1575(e) |
| 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: $5,000 and/or revocation
| Violation |
Texas Law or Rule |
| Failed to comply with previous order of Commission or Executive Director |
Occupations Code §1305.251(2),
Occupations Code §51.353(a),
16 TAC §60.23(a)(5)
|
| Violated examination security requirements |
16 TAC §60.54(a),
16 TAC §73.22(c)
|
| 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 any document submitted to the Department or Commission |
16 TAC §60.23(a)(2),
16 TAC §73.22(c)
|
| Permitted the use or display of a license by a person not authorized by law to use that license |
16 TAC §60.23(a)(3) |
| Failed to cooperate with investigation of complaint |
16 TAC §60.203(a) |
| Failed to make available to the Department all records, notices, or other documents requested |
16 TAC §60.203(b),
16 TAC §73.51(a)(2),
16 TAC §73.52(a)(2),
16 TAC §73.54(a)(2)
|
| Interfered with an investigation or threatened or intimidated a Department employee in connection with an investigation |
16 TAC §60.203(c) |
| Failed to cooperate with an inspection |
16 TAC §60.222 |
| Restricted License holder failed to abide by conditions imposed on licensee |
Occupations Code §51.357(d),
16 TAC §73.71(a)
|
| Restricted license supervisor failed to use reasonable care to ensure that the restricted license holder complies with conditions imposed on licensee |
Occupations Code §51.357(d),
16 TAC §73.71(b)
|
