Electricians Penalties and Sanctions

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),
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)

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)