WAC 296-46B-990
Failure to comply with the electrical
contractor licensing, administrator certification, or
electrician certification laws. General.
(1) If the compliance officer or electrical
inspector/auditor determines that an individual, employer, or
employee has violated chapter 19.28 RCW or this chapter, the
department will issue a citation that describes the violation.
Suspension or revocation - of an electrical contractor's
license, administrator's certificate, master electrician's
certificate of competency, electrician's certificate of
competency, or training certificate.
(2) The department may revoke or suspend, for such time
as it determines appropriate, an electrical contractor's
license, administrator's certificate, master electrician's
certificate of competency, electrician's certificate of
competency, or training certificate if:
(a) The license, certificate, or permit was obtained
through error or fraud;
(b) The license, certificate, or permit holder is judged
to be incompetent to work in the electrical construction trade
as a master electrician, journeyman electrician, specialty
electrician, electrical technician, or electrical trainee;
(c) For serious noncompliance as described below. See
RCW 19.28.241 and 19.28.341 for other grounds and procedures.
(d) The license or certificate holder incompletely or
inaccurately reported continuing education units on an
application for renewal; or
(e) The certificate holder falsely, incompletely, or
inaccurately reported previous work experience.
The department will deny an application for any
license/certificate during the period of revocation or
suspension of the same or another license/certificate under
chapter 19.28 RCW.
(3) For the purposes of this section, serious
noncompliance includes, but is not limited to, any of the
following:
(a) Failure to correct a serious violation. A serious
violation is a violation of chapter 19.28 RCW or chapter 296-46B WAC that creates a hazard of fire or a danger to life
safety. A serious violation is also a violation that presents
imminent danger to the public. Imminent danger to the public
is present when installations of wire and equipment that
convey or utilize electric current have been installed in such
a condition that a fire-hazard or a life-safety hazard is
present. Imminent danger to the public is also present when
unqualified, uncertified, or fraudulently certified
electricians or administrators; or unlicensed or fraudulently
licensed contractors are continuously or repeatedly performing
or supervising the performance of electrical work covered
under chapter 19.28 RCW. For the purposes of this section, a
certified electrician is considered qualified, provided the
electrician is working within his or her certification;
(b) The license or certificate was obtained through error
or fraud;
(c) Submitting a fraudulent document to the department;
(d) Continuous noncompliance with the provisions of
chapter 19.28 RCW or this chapter. For the purposes of this
section, continuous noncompliance will be defined as three or
more citations demonstrating a disregard of the electrical
law, rules, or regulations within a period of three years, or
where it can be otherwise demonstrated that the contractor,
master electrician, electrician, or administrator has
continuously failed to comply with the applicable electrical
standards;
(e) Failure to make any books or records, or certified
copies thereof, available to the department for an audit to
verify the hours of experience submitted by an electrical
trainee;
(f) Making a false statement or material
misrepresentation on an application, statement of hours, or
signed statement required by the department;
(g) The certificate holder falsely or inaccurately
reported continuing education units on an application for
renewal;
(h) Installing a shortened rod/pipe grounding electrode,
improper splicing of conductors in conduits/raceways or
concealed within walls, or installing a fake equipment
grounding conductor.
For any act of serious noncompliance, the person, firm,
partnership, corporation, or other entity may be referred to
the county prosecutor for criminal prosecution under chapter 9A.72 RCW. The department may also file a civil action under
chapter 19.28 RCW.
(4) Before a license or certificate is revoked or
suspended, the certificate holder will be given written notice
of the department's intention to suspend or revoke. Notification will be sent by registered mail to the
certificate holder's last known address. The notification
will list the allegations against the certificate holder, and
provide the certificate holder with the procedures necessary
to request a hearing before the electrical board as described
in WAC 296-46B-995.
Confiscation - of an electrical contractor's license,
administrator certificate, electrician certificate of
competency, or training certificate.
(5) The department may confiscate a license or
certificate that is counterfeit, revoked, expired, suspended,
or altered. The individual may be referred to the county
prosecutor for criminal prosecution under chapter 9A.72 RCW. The department may also file a civil action under chapter 19.28 RCW.
[Statutory Authority: RCW 19.28.006, 19.28.010, 19.28.031,
19.28.041, 19.28.061, 19.28.101, 19.28.131, 19.28.161,
19.28.171, 19.28.191, 19.28.201, 19.28.211, 19.28.241,
19.28.251, 19.28.281, 19.28.311, 19.28.321, 19.28.400,
19.28.420, 19.28.490, 19.28.551. 09-20-032, § 296-46B-990,
filed 9/29/09, effective 10/31/09. Statutory Authority: RCW 19.28.006, 19.28.010, 19.28.031, 19.28.041, 19.28.061,
19.28.101, 19.28.131, 19.28.161, 19.28.171, 19.28.191,
19.28.201, 19.28.211, 19.28.241, 19.28.251, 19.28.271,
19.28.311, 19.28.321, 19.28.400, 19.28.420, 19.28.490,
19.28.551, 2003 c 399, 2003 c 211, 2003 c 78, and 2003 c 242. 04-12-049, § 296-46B-990, filed 5/28/04, effective 6/30/04. Statutory Authority: RCW 19.28.006, 19.28.010, 19.28.031,
19.28.041, 19.28.061, 19.28.101, 19.28.131, 19.28.161,
19.28.171, 19.28.191, 19.28.201, 19.28.211, 19.28.241,
19.28.251, 19.28.271, 19.28.311, 19.28.321, 19.28.400,
19.28.420, 19.28.490, 19.28.551, 2002 c 249, chapters 34.05 and 19.28 RCW. 03-09-111, § 296-46B-990, filed 4/22/03,
effective 5/23/03.]