An experienced electrician license defense attorney at Bertolino LLP can represent your interests in licensure proceedings before the Texas Department of Licensing & Regulation (TDLR). We can review the licensure issues that your case involves and work to strategize the most effective means of resolving those issues. Whether you are facing licensure issues or disciplinary proceedings, you will benefit from the services of an electrician license defense lawyer to protect your career. We can provide strong legal representation to assist you throughout your licensure or disciplinary matter.
Common Grounds for Disciplinary Actions
Texas electricians must follow various standards of conduct and electrical work standards regulated and enforced by TDLR. A recent newsletter highlighted some of the most common missteps by electricians that lead to TDLR disciplinary proceedings:
- Failure to display their contractor number and company name on both sides of all vehicles used in their work;
- Failure to display their TECL number and TDLR contact information on all invoices and proposals;
- Failure to hold the appropriate TECL license to “perform or offer to perform electrical work;”
- Failure to “list” all electrical equipment per Article 110.3(B) of the NEC unless the local authority having jurisdiction has amendments that would supersede these requirements;
- Allowing one’s license to expire; and
- Failure to attach a Master Electrician to a license, which makes the TECL invalid.
Electrician Standards of Conduct
Electricians must comply with the standards of conduct outlined in 16 Tex. Admin. Code §73.70. These standards of conduct are as follows:
- An individual licensee must provide all electrical work requiring a license through a licensed contractor, or employing governmental entity.
- The licensee shall accurately and truthfully represent to any prospective client or employer, the licensee’s capabilities and qualifications to perform the services to be rendered.
- The licensee shall not offer to perform, nor perform, technical services for which the licensee is not qualified by education or experience, without securing the services of another who is qualified.
- The licensee shall not evade responsibility to a client or employer.
- The licensee shall not agree to perform services if any significant financial or other interest exists that may be in conflict with:
- The obligation to render a faithful discharge of such services; or
- The service would impair independent judgment in rendering such services.
- The licensee should withdraw from employment when it becomes apparent that it is not possible to faithfully discharge the duty and performance of services owed the client or employer, but then only upon reasonable notice to the client or employer.
- The licensed contractor shall not engage in advertising that is false, misleading, deceptive, or which does not clearly display the licensee’s state license number.
- The licensee shall not misrepresent the amount or extent of prior education or experience to any employer or client, or to the department.
- The licensee shall not hold out as being engaged in partnership or association with any person unless a partnership or association exists in fact.
- Licensees must abide by all laws and rules regulating electricians, including the Standards of Conduct set forth in this section, within any geographic location in this state when performing or offering to perform electrical work.
Electricians must also comply with various standards of conduct applicable to electrical work, as outlined in 16 Tex. Admin. Code §73.60, as follows:
- Competency. The licensee shall be knowledgeable of and adhere to the Act, the rules, applicable codes, and all procedures established by the department for licensees. It is the obligation of the licensee to exercise reasonable judgment and skill in the performance of all duties and work performed as a licensee.
- Integrity. A licensee shall be honest and trustworthy in the performance of all duties and work performed as a licensee, and shall avoid misrepresentation and deceit in any fashion, whether by acts of commission or omission. Acts or practices that constitute threats, coercion, or extortion are prohibited.
- Interest. The primary interest of the licensee is to ensure compliance with the Act, the rules, and all applicable codes. The licensee’s position, in this respect, should be clear to all parties concerned while in the performance of all duties and work performed as a licensee.
16 Tex. Admin. Code §73.60 also lists the following specific standards of conduct applicable to electrical work, which include prohibiting a licensee from:
- Participating, whether alone or in concert with others, in any plan, scheme, or arrangement attempting or having as its purpose the evasion of any provision of the Act, the rules, or the standards adopted by the commission;
- Furnishing inaccurate, deceitful, or misleading information to the department, a consumer, or other person while engaged in the business of electrical contracting, electrical sign contracting, or residential appliance installation contracting, or performing or offering to perform non-exempt electrical work; or
- Engaging in any activity that constitutes dishonesty, misrepresentation, or fraud while performing as a licensee.
Consequences of Licensing Violations
Under 16 Tex. Admin. Code §73.90, TDLR can bring proceedings to impose administrative penalties, sanctions, or both, as authorized by law. According to this section and Tex. Occ. Code §1305, TDLR publishes a list of violations and sanctions electricians may face for specific violations of the applicable rules and laws. All violations and corresponding sanctions are categorized from Classes A through D in increasing order of severity. These sanctions can range from minor fines to license revocations.
Rely on Bertolino LLP, to Defend Your Electrician’s License
You need an experienced electrician license defense attorney to represent you if you are having difficulties obtaining a license or when you receive a complaint that could negatively impact your license. We know how high the stakes are during these proceedings and what they could mean for your career. We will tirelessly defend you against the licensure or disciplinary proceedings you are facing and work tirelessly to advance your interests. Contact Bertolino LLP today at (512) 980-3751 or visit us online.
Call or text (512) 476-5757 or complete a Case Evaluation form
