Electrical Safety Penalties and Sanctions

 

Electricians (ELC)

Texas Occupations Code, Chapter 1305

16 Texas Administration Code, Chapter 73

Class A:

1st Violation, Reprimand to $1,000

2nd Violation, $500 to $2,000

3rd Violation, $1,000 to $4,000 per day not corrected and/or 6-month probated suspension to 1-year full suspension

Administrative Violations
  • Failed to notify the Department when a new licensee of record is assigned 73.51(a)(1), 73.52(a)(1), 73.54(a)(1)
  • Failed to notify the Department within 30 days that the licensee of record is no longer employed 73.51(a)(1), 73.52(a)(1), 73.54(a)(1)
  • Advertising Violations
  • Failed to include contractor name and license number in advertising 73.51(e), 73.52(e), 73.54(d), 73.70(g)
Public Notice Violations
  • Failed to permanently affix license number and business name in conspicuous place on both sides of each vehicle 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), 73.51(d), 73.52(d), 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 1305.166(b)(1), 73.51(d), 73.52(d), 73.54(c)
  • Failed to include name, address, phone number and license number of contractor on all proposals, invoices, and written contracts 73.51(f), 73.52(f), 73.54(e)
  • Failed to include Department information on all proposals, invoices and written contracts 73.51(f), 73.52(f), 73.54(e)
Class B:

1st Violation: $500 to $3,000 and/or up to 6-month probated suspension

2nd Violation: $1,500 to $5,000 plus 1-year probated suspension to 1-year full suspension

3rd Violation: $3,000 to $5,000 per day not corrected plus 1-year full suspension to revocation

Records Violations
  • Failed to maintain employee records and records of all work performed for four years 73.51(a)(2), 73.52(a)(2), 73.54(a)(2)
  • Failed to make employee records or records of all work performed available to the Department upon request 73.51(a)(2), 73.52(a)(2), 73.54(a)(2)
Insurance Violations
  • Failed to maintain the minimum general liability insurance 73.40(a)
  • Failed to provide a certificate of insurance to the Department upon request 73.40(b)
  • Failed to provide name of insurance carrier to a customer upon request 73.40(d)
  • Failed to obtain insurance from an appropriate company 73.40(e)
Unlicensed Activity
  • Performed or offered to perform electrical work with an expired license 73.22(b), 73.23(d)
  • Failed to ensure all electrical work was performed by licensed individuals 73.51(b)(4), 73.52(b)(4), 73.54(b)(4)
  • Failed to provide all electrical work through a licensed contractor 73.70(a)
Improper Use of a License
  • Used a license number not assigned to the contractor by the Department 73.22(d), 73.51(h), 73.52(h), 73.54(g)
  • Used a license belonging to another person 73.22(h)
  • Licensee allowed another person to use his license 73.22(h)
Class C:

1st Violation: $1000 to $5,000 plus 1-year probated suspension up to revocation

2nd Violation: $2,000 to $5,000 per day not corrected plus 1-year probated suspension to revocation

3rd Violation: $3,500 to $5,000 per day not corrected plus revocation

Administrative Violations
  • Altered a license 73.22(f)
  • Failed to provide to the Department documentation of on-the-job training for an applicant 73.26(b)
Quality of Work
  • Within a municipality, performed electrical work that was not in compliance with all applicable local ordinances 1305.201(d), 73.53, 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 1305.201(e), 73.53, 73.60(a), 73.100
  • Performed electrical work and failed to provide safe and proper installation and service 73.51(b)(1), 73.52(b)(1), 73.54(b)(1)
  • Performed electrical work and failed to assure electro-mechanical integrity of the work 73.51(b)(1), 73.52(b)(1), 73.54(b)(1)
  • Failed to supervise all licensees to assure compliance with applicable statutes, rules, and standards of conduct 73.51(g), 73.52(g), 73.54(f)
  • Performed electrical work that did not comply with all applicable codes and ordinances 73.53
  • Failed to exercise reasonable judgment and skill 73.60(a)
  • Performed or offered to perform services for which the licensee was not qualified by education or experience 73.70(c)
Standards of Conduct
  • Misrepresented the need for services, services to be provided, or services that have been provided 73.51(b)(2), 73.52(b)(2), 73.54(b)(2)
  • Made a fraudulent promise or false statement to influence, persuade, or induce contracting of services 73.51(b)(3), 73.52(b)(3), 73.54(b)(3)
  • Engaged in acts or practices that constitute dishonesty, misrepresentation, or fraud 73.60(b), 73.60(d)(3)
  • Engaged in acts or practices that constitute threats, coercion, or extortion 73.60(b)
  • Engaged in acts intending to evade the Act, rules, or standards adopted by the Commission 73.60(d)(1)
  • Furnished inaccurate, deceitful, or misleading information to the Department, a consumer, or other person 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 73.70(b)
  • Evaded responsibility to a client or employer 73.70(d)
  • Agreed to perform services when significant financial or other interests were in conflict with obligation to render faithful discharge of services 73.70(e)(1)
  • Agreed to perform services when significant financial or other interests would impair independent judgment in rendering services 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 73.70(f)
  • Failed to give reasonable notice of necessity of withdrawing from employment or services 73.70(f)
  • Engaged in advertising that was false, misleading, or deceptive 73.70(g)
  • Misrepresented the amount or extent of prior education or experience 73.70(h)
  • Held self out as being engaged in partnership or association with a person when the partnership or association did not exist 73.70(i)
Unlicensed Activity
  • Performed or offered to perform electrical work without the appropriate license 1305.151
  • Designed an electrical system without the appropriate license 73.51(c), 73.52(c)
  • Subcontracted the design of an electrical system to an unlicensed person 73.51(c), 73.52(c)
Class D:

1st Violation: Revocation and/or up to $5,000

2nd Violation: Revocation and/or up to $5,000

3rd Violation: Revocation and/or up to $5,000

  • Violated a previous order of Commission or Executive Director 1305.251(2), 51.353(a)
  • Violated examination security requirements 60.52(a)
  • Obtained or attempted to obtain a license by fraud or false representations 60.23(a)(1), 73.22(c)
  • Failed to pay the Department for a dishonored payment 60.82
  • Falsified of information on an application 73.22(c)
  • Cheated on an examination 73.22(c)