Ala. Admin. Code r. 303-X-2-.10

Current through Register Vol. 43, No. 1, October 31, 2024

Section 303-X-2-.10 - Discipline Of A License

(1) When charges are made against a licensed electrical contractor or journeyman electrician which would justify suspension or revocation, if proven, notice of the specific nature of the charges and the time and place of a hearing will be served upon the accused by registered mail and addressed to the last known address on record, not less than twenty-one (21) days before the date fixed for such hearing.

(2) The Board may suspend, revoke, or refuse to issue or renew a license after notice and opportunity for the applicant/licensee to be heard, upon proof of any of the following actions:

(a) violation of any provision of Code of Ala. 1975, §§ 34-36-1, et seq.;

(b) attempting to procure a license to practice electrical contracting or to work as a master electrician or journeyman electrician by bribery or fraudulent misrepresentations;

(c) being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of electrical contracting, working as a journeyman electrician, or the ability to practice electrical contracting or to work as a master electrician or journeyman electrician;

(d) making or filing a report or record which the licensee knows to be false, willfully failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those which are signed in the capacity of a licensed electrical contractor, master electrician, or journeyman electrician;

(e) being found guilty of fraud or deceit or of negligence, incompetency, or misconduct in the practice of electrical contracting or working as a master electrician or journeyman electrician;

(f) practicing on a revoked, suspended, or inactive license;

(g) aiding or abetting any person to evade any provision of this chapter;

(h) knowingly combining or conspiring with any person by allowing one's license to be used by any unlicensed person with the intent to evade this chapter. When a licensee allows his or her license to be used by any firm, partnership, association, or corporation without having any active participation in the operations or management of the firm, partnership, association, or corporation, such act constitutes prima facie evidence of an intent to evade this chapter. If an electrical contractor files a request with the Board to transfer his or her license more than twice in a calendar year, then a hearing shall be set before the Board with the burden of proof being on the licensee to prove that the intent of this chapter is not being circumvented or obstructed;

(i) acting in the capacity of an electrical contractor under any license issued under this act except in the name of the licensee as set forth on the issued license;

(j) having a license to practice electrical contracting or journeyman electrician revoked, suspended, or otherwise disciplined, including the denial of licensure by the licensing authority of another municipality, county, state, territory, or country.

(3) In addition to the action on the status of the license, the Board may impose an administrative fine of not more than $5,000 (five thousand dollars) for each violation.

(4) If the Board finds that a person, corporation, or business entity is engaged in performing electrical contracting covered by this chapter without having obtained a proper license, the Board may do any of the following:

(a) deny an application for licensure;

(b) impose an administrative fine of not more than five thousand dollars ($5,000) per violation;

(c) issue a cease and desist order;

(d) petition the circuit court of the county where the act occurred to enforce the cease and desist order or collect the assessed fine, or both.

(5) Any person aggrieved by an adverse action taken by the Board may appeal the adverse action to the circuit court of the county in which the adverse action occurred in accordance with the Alabama Administrative Procedures Act, Code of Ala. 1975, §§ 41-22-1, et seq.

Ala. Admin. Code r. 303-X-2-.10

Filed March 7, 1986. Amended: Filed June 10, 1988. Repealed and New Rule: Filed February 11, 2011; effective March 18, 2011.

Author: Hendon B. Coody

Statutory Authority:Code of Ala. 1975, §§ 34-36-6, etseq.

The amended version of this section by Alabama Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024, filed April 29, 2024 is not yet available.