1997 Minnesota Statutes

     326.242 Licenses. 

    Subdivision 1.    Master electrician.  Except as 
 otherwise provided by law, no person shall install, alter, 
 repair, plan, lay out, or supervise the installing, altering, or 
 repairing of electrical wiring, apparatus, or equipment for 
 light, heat, power, or other purposes unless the person is:  (a) 
 licensed by the board as a master electrician and (b)(i) the 
 electrical work is for a licensed electrical contractor and the 
 person is an employee, partner, or officer of, or is the 
 licensed electrical contractor, or (ii) the electrical work is 
 performed for the person's employer on electric wiring, 
 apparatus, equipment, or facilities owned or leased by the 
 employer which is located within the limits of property which is 
 owned or leased and operated and maintained by the employer.  

    (1) An applicant for a Class A master electrician's license 
 shall (a) be a graduate of a four-year electrical course in an 
 accredited college or university; or (b) shall have had at least 
 one year's experience, acceptable to the board, as a licensed 
 journeyman; or (c) shall have had at least five years' 
 experience, acceptable to the board, in planning for, laying 
 out, supervising and installing wiring, apparatus, or equipment 
 for electrical light, heat and power.  

    (2) As of August 1, 1985, no new Class B master 
 electrician's licenses shall be issued.  An individual who has a 
 Class B master electrician's license as of August 1, 1985 may 
 retain the license and exercise the privileges it grants, which 
 include electrical work limited to single phase systems, not 
 over 200 amperes in capacity, on farmsteads or single-family 
 dwellings located in towns or municipalities with fewer than 
 2,500 inhabitants. 

    Subd. 2.    Journeyman electrician.  (a) Except as 
 otherwise provided by law, no person shall install, alter, 
 repair, or supervise the installing, altering, or repairing of 
 electrical wiring, apparatus, or equipment for light, heat, 
 power, or other purposes unless: 

    (1) the person is licensed by the board as a journeyman 
 electrician; and 

    (2) the electrical work is: 

    (i) for an electrical contractor and the person is an 
 employee, partner, or officer of the licensed electrical 
 contractor; or 

    (ii) performed under the supervision of a master 
 electrician also employed by the person's employer on electrical 
 wiring, apparatus, equipment, or facilities owned or leased by 
 the employer that is located within the limits of property owned 
 or leased, operated, and maintained by the employer. 

    (b) An applicant for a Class A journeyman electrician's 
 license shall have had at least four years of experience, 
 acceptable to the board, in wiring for, installing, and 
 repairing electrical wiring, apparatus, or equipment, provided 
 however, that the board may by rule provide for the allowance of 
 one year of experience credit for successful completion of a 
 two-year post high school electrical course approved by the 
 board. 

    (c) As of August 1, 1985, no new Class B journeyman 
 electrician's licenses shall be issued.  An individual who holds 
 a Class B journeyman electrician's license as of August 1, 1985 
 may retain the license and exercise the privileges it grants, 
 which include electrical work limited to single phase systems, 
 not over 200 amperes in capacity, on farmsteads or on 
 single-family dwellings located in towns or municipalities with 
 fewer than 2,500 inhabitants. 

    Subd. 3.    Class A installer.  Notwithstanding the 
 provisions of subdivisions 1, 2, and 6, any person holding a 
 class A installer license may lay out and install and supervise 
 the laying out and installing of electrical wiring, apparatus, 
 or equipment for major electrical home appliances on the load 
 side of the main service on farmsteads and in any town or 
 municipality with fewer than 1,500 inhabitants, which is not 
 contiguous to a city of the first class and does not contain an 
 established business of an electrical contractor. 

    Subd. 3a.    Class B installer.  Notwithstanding the 
 provisions of subdivisions 1, 2 and 6, any person holding a 
 class B installer license may lay out and install electrical 
 wiring, apparatus and equipment on center pivot irrigation booms 
 on the load side of the main service on farmsteads, and install 
 such other electrical equipment as is determined by the board.  

    Subd. 3b.    Coursework or experience.  An applicant for 
 a Class A or B installer license shall have completed a post 
 high school course in electricity acceptable to the board or 
 shall have had at least one year's experience, acceptable to the 
 board in electrical wiring.  

    Subd. 3c.    Bond.  Every installer, as a condition of 
 licensure, shall give bond to the state in the sum of $1,000 
 conditioned upon the faithful and lawful performance of all work 
 contracted for or entered upon by the installer within the state 
 of Minnesota, and such bond shall be for the benefit of persons 
 injured or suffering financial loss by reason of failure of such 
 performance.  Such bond shall be in lieu of all other license 
 bonds to any political subdivision of the state.  Such bond 
 shall be written by a corporate surety licensed to do business 
 in the state of Minnesota. 

    Subd. 4.    Special electrician.  Notwithstanding the 
 provisions of subdivisions 1, 2, 6, and 7, the board may by rule 
 provide for the issuance of special electrician licenses 
 empowering the licensee to engage in a limited class or classes 
 of electrical work, which class or classes shall be specified on 
 the license certificate.  Each licensee shall have had at least 
 two years of experience, acceptable to the board, in each such 
 limited class of work for which the licensee is licensed.  

    Subd. 5.    Unlicensed persons.  (a) An unlicensed 
 person shall not perform electrical work unless the work is 
 performed under the personal supervision of an electrician 
 actually licensed to perform such work and the licensed 
 electrician and unlicensed person are employed by the same 
 employer.  Licensed electricians shall not permit unlicensed 
 persons to perform electrical work except under the personal 
 supervision of an electrician actually licensed to perform such 
 work.  Unlicensed persons shall not supervise the performance of 
 electrical work or make assignments of electrical work to 
 unlicensed persons.  Licensed electricians shall supervise no 
 more than two unlicensed persons. 

    (b) Notwithstanding any other provision of this section, no 
 person other than a master electrician shall plan or lay out 
 electrical wiring, apparatus, or equipment for light, heat, 
 power, or other purposes. 

    (c) Electrical contractors employing unlicensed persons 
 performing electrical work shall maintain records establishing 
 compliance with this subdivision, which shall designate all 
 unlicensed persons performing electrical work and shall permit 
 the board to examine and copy all such records as provided for 
 in section 326.244, subdivision 6. 

    Subd. 6.    Electrical contractor's license required.  
 Except as otherwise provided by law, no person other than an 
 employee, partner, or officer of a licensed electrical 
 contractor, as defined by section 326.01, subdivision 5, shall 
 undertake or offer to undertake to plan for, lay out, supervise 
 or install or to make additions, alterations, or repairs in the 
 installation of electrical wiring, apparatus, and equipment for 
 light, heat, power, and other purposes with or without 
 compensation unless the person obtains an electrical 
 contractor's license.  An electrical contractor's license does 
 not of itself qualify its holder to perform or supervise the 
 electrical work authorized by holding any class of electrician's 
 license.  

    Subd. 6a.    Bond required.  Each electrical contractor 
 shall give and maintain bond to the state in the penal sum of 
 $5,000 conditioned upon the faithful and lawful performance of 
 all work entered upon by the contractor within the state of 
 Minnesota and such bond shall be for the benefit of persons 
 injured or suffering financial loss by reason of failure of such 
 performance.  The bond shall be filed with the board and shall 
 be in lieu of all other license bonds to any political 
 subdivision.  Such bond shall be written by a corporate surety 
 licensed to do business in the state of Minnesota.  

    Subd. 6b.    Insurance required.  Each electrical 
 contractor shall have and maintain in effect general liability 
 insurance, which includes premises and operations insurance and 
 products and completed operations insurance, with limits of at 
 least $100,000 per occurrence, $300,000 aggregate limit for 
 bodily injury, and property damage insurance with limits of at 
 least $25,000 or a policy with a single limit for bodily injury 
 and property damage of $300,000 per occurrence and $300,000 
 aggregate limits.  Such insurance shall be written by an insurer 
 licensed to do business in the state of Minnesota and each 
 electrical contractor shall maintain on file with the board a 
 certificate evidencing such insurance which provides that such 
 insurance shall not be canceled without the insurer first giving 
 15 days written notice to the board of such cancellation.  

    Subd. 6c.    Employment of master electrician.  (a) No 
 electrical contractor shall engage in business of electrical 
 contracting unless the electrical contractor employs a licensed 
 Class A master or Class B master electrician, who shall be 
 responsible for the performance of all electrical work in 
 accordance with the requirements of sections 326.241 to 326.248 
 or any rule or order adopted or issued under these sections.  
 The classes of work for which the licensed electrical contractor 
 is authorized shall be limited to those for which such Class A 
 master, or Class B master employed by the electrical contractor 
 is licensed.  

    (b) When an electrical contractor's license is held by an 
 individual, partnership, or corporation and the individual, one 
 of the partners, or an officer of the corporation, respectively, 
 is not the responsible master electrician of record, all 
 requests for inspection shall be signed by the responsible 
 master electrician of record.  The designated responsible master 
 electrician of record shall be employed by the individual, 
 partnership, or corporation which is applying for an electrical 
 contractor's license and shall not be employed in any capacity 
 as a licensed electrician by any other electrical contractor or 
 employer designated in subdivision 12. 

    (c) All applications for electrical contractor's licenses 
 and all renewals shall include a verified statement that the 
 applicant or licensee has complied with this subdivision. 

    Subd. 7.    Examination.  In addition to the 
 requirements imposed herein and except as herein otherwise 
 provided, as a precondition to issuance of an electrician's 
 license, each applicant must pass a written or oral examination 
 given by the board to insure the competence of each applicant 
 for license.  An oral examination shall be administered only to 
 an applicant who furnishes a written statement from a certified 
 teacher or other professional, trained in the area of reading 
 disabilities stating that the applicant has a specific reading 
 disability which would prevent the applicant from performing 
 satisfactorily on a written test.  The oral examination shall be 
 structured so that an applicant who passes the examination will 
 not impair the applicant's own safety or that of others while 
 acting as an electrician.  No person failing an examination may 
 retake it for six months thereafter, but within such six months 
 the person may take an examination for a lesser grade of 
 license.  Any licensee failing to renew a license for two years 
 or more after its expiration shall be required to retake the 
 examination before being issued a new license. 

    An applicant for journeyman's or special electrician's 
 license who shall furnish evidence satisfactory to the board of 
 having the requisite experience, upon written application, 
 payment of the examination fee and fulfillment of all other 
 requirements stated herein, may work as a journeyman or special 
 electrician until the examination next following and the 
 announcement of the results of such latter examination by the 
 board. 

    Subd. 8.    License and renewal fees.  All licenses 
 issued hereunder shall expire in a manner as provided by the 
 board.  Fees, as set by the board, shall be payable for 
 examination, issuance and renewal of the following: 

    (1) For examination: 

    Class A Master. 

    Class B Master. 

    Class A Journeyman, Class B Journeyman, Installer, Alarm 
 and Communications Contractor, or Special Electrician. 

    (2) For issuance of original license and renewal: 

    Class A Master. 

    Class B Master. 

    Class A Journeyman, Class B Journeyman, Installer, or 
 Special Electrician. 

    Electrical contractor. 

    Alarm and Communication System Contractor. 

    Subd. 9.    Denial, suspension, and revocation of 
 licenses.  The board may by order deny, suspend, revoke, or 
 refuse to renew a license, or may censure a licensee if the 
 board finds (1) in its discretion that the order is in the 
 public interest and (2) that, based upon a preponderance of the 
 evidence presented, the applicant or licensee: 

    (a) has filed an application for a license which is 
 incomplete in any material respect or contains any statement 
 which, in light of the circumstances under which it is made, is 
 false or misleading with respect to any material fact; 

    (b) has engaged in any fraudulent, deceptive, or dishonest 
 act or practice; 

    (c) has been convicted within the past five years of a 
 misdemeanor involving a violation of sections 326.241 to 
 326.248; 

    (d) has violated or failed to comply with sections 326.241 
 to 326.248 or any rule or order adopted or issued under these 
 sections; or 

    (e) has, in the conduct of the applicant's or licensee's 
 affairs, including, but not limited to, the performance of 
 electrical work, been shown to be incompetent or untrustworthy.  

    If a licensee engages in conduct that is proven by a 
 preponderance of the evidence to be a basis for discipline 
 pursuant to paragraphs (a) to (e), the conduct shall constitute 
 a violation of this subdivision.  The board may take action 
 under this subdivision or any other law authorizing action 
 against a licensee regardless of whether the underlying conduct 
 was willful. 

    The board may adopt rules further specifying and defining 
 actions, conduct, and omissions that constitute fraudulent, 
 deceptive, dishonest, or prohibited practices, and establishing 
 standards of conduct for applicants and licensees. 

    Subd. 9a.    Civil penalties.  Whenever a preponderance 
 of the evidence presented proves that a person has violated or 
 failed to comply with sections 326.241 to 326.248 or any rule or 
 order adopted or issued under these sections, the board may 
 impose a civil penalty upon the person in an amount not to 
 exceed $10,000 per violation. 

    Subd. 9b.    Orders for hearing.  The complaint 
 committee may, on behalf of the board, issue an order requiring 
 a licensee or an applicant for a license to appear at a hearing 
 on the issue of whether the license should be revoked or 
 suspended, the licensee censured, the application denied, or a 
 civil penalty imposed.  The order shall be calculated to give 
 reasonable notice of the time and place for hearing, and shall 
 state the reasons for the entry of the order.  All hearings 
 shall be conducted in accordance with chapter 14.  After the 
 hearing, the board shall enter an order making a disposition of 
 the matter as the facts require.  If the licensee or applicant 
 fails to appear at a hearing of which that person has been duly 
 notified, the person is in default and the proceeding may be 
 determined against that person upon consideration of the order 
 for hearing, the allegations of which may be deemed to be true. 

    Subd. 9c.    Temporary suspension.  (a) The complaint 
 committee may, on behalf of the board and in the public 
 interest, temporarily suspend a license pending final 
 determination of an order for hearing.  The complaint committee 
 shall not issue a temporary suspension order until an 
 investigation of the facts has been conducted pursuant to 
 section 214.10 by the attorney general.  The complaint committee 
 shall issue a temporary suspension order only when the safety of 
 life or property is threatened or to prevent the commission of 
 fraudulent, deceptive, or dishonest acts against the public.  
 Service of the temporary suspension order is effective if the 
 order is served on the licensee or counsel of record personally 
 or by first class mail to the most recent address provided to 
 the board for the licensee or the counsel of record. 

    (b) If a license is suspended pending final determination 
 of an order for hearing, a hearing on the merits shall be held 
 within 45 days of the issuance of the order of temporary 
 suspension.  The administrative law judge shall issue a report 
 within 30 days after closing of the contested case hearing 
 record.  The board shall issue a final order within 30 days 
 after receipt of that report and any exceptions. 

    (c) If the licensee requests a hearing in writing within 
 ten days of service of the order, the board shall hold a hearing 
 before its own members on the sole issue of whether there is a 
 reasonable basis to continue, modify, or vacate the temporary 
 suspension.  The board shall hold the hearing within five 
 working days of the licensee's request for hearing.  Evidence 
 presented by the complaint committee or licensee shall be in 
 affidavit form only.  The licensee or counsel of record for the 
 licensee may appear for oral argument.  Within five working days 
 after the hearing, the board shall issue its order either 
 continuing or vacating the temporary suspension. 

    Subd. 9d.    Cease and desist order.  (a) Whenever it 
 appears to the complaint committee that any person has engaged 
 or is about to engage in any act or practice constituting a 
 violation of sections 326.241 to 326.248, any other law 
 authorizing the issuance of a cease and desist order, or any 
 rule or order adopted or issued under these sections, the 
 complaint committee may, on behalf of the board, issue and cause 
 to be served upon the person an order requiring the person to 
 cease and desist from violating sections 326.241 to 326.248 or 
 any rule or order adopted or issued under these sections.  The 
 complaint committee shall not issue a cease and desist order 
 until an investigation of the facts has been conducted pursuant 
 to section 214.10 by the attorney general.  The order shall be 
 calculated to give reasonable notice of the right of the person 
 to request a hearing and shall state the reasons for the entry 
 of the order.  If no hearing is requested of the board within 15 
 days of service of the order, the order shall become final and 
 shall remain in effect until it is modified or vacated by the 
 board and shall not be reviewable by a court. 

    (b) A hearing shall be held not later than 30 days from the 
 date of the board's receipt of a written hearing request, unless 
 otherwise agreed by the person requesting the hearing and the 
 complaint committee.  Within 30 days of receipt of the 
 administrative law judge's report and any exceptions, the board 
 shall issue a final order modifying, vacating, or making 
 permanent the cease and desist order as the facts require.  The 
 final order remains in effect until modified or vacated by the 
 board. 

    Subd. 9e.    Costs of proceeding.  The board may impose 
 a fee to reimburse the board for all or part of the cost of the 
 proceedings resulting in disciplinary action or the imposition 
 of civil penalties or the issuance of a cease and desist order.  
 Such fees include, but are not limited to, the amount paid by 
 the board for services from the office of administrative 
 hearings, attorney fees, court reporters, witnesses, 
 reproduction of records, board members' per diem compensation, 
 board staff time, and expense incurred by board members and 
 staff. 

    Subd. 9f.    District court action; injunctive relief and 
 civil penalties.  (a) Whenever it appears to the board, or the 
 complaint committee if authorized by the board, that any person 
 has engaged or is about to engage in any act or practice 
 constituting a violation of sections 326.241 to 326.248 or any 
 rule or order adopted or issued under these sections, the board, 
 or the complaint committee if authorized by the board, may bring 
 an action in the name of the board in the Ramsey county district 
 court or the district court of any other county in which venue 
 is proper. 

    (b) The action may be brought to enjoin the acts or 
 practices and to enforce compliance with sections 326.241 to 
 326.248, any other law authorizing a civil or injunctive action, 
 or any rule or order adopted or issued under these sections and 
 for a civil penalty not to exceed $10,000 for each separate 
 violation of sections 326.241 to 326.248, any other law 
 authorizing a civil or injunctive action, or any rule or order 
 adopted or issued under these sections. 

    (c) A temporary restraining order and other temporary 
 injunctive relief shall be granted in the proceeding whenever it 
 appears that any person has engaged in or is about to engage in 
 any act, conduct, or practice constituting violation of sections 
 326.241 to 326.248, any other law authorizing a civil or 
 injunctive action, or any rule or order adopted or issued under 
 these sections.  The board shall not be required to show 
 irreparable harm. 

    Subd. 9g.    Other remedies.  The issuance of a cease 
 and desist order or injunctive relief under this section does 
 not relieve a person from criminal prosecution by any competent 
 authority or from disciplinary action by the board and does not 
 prevent the board from exercising any other authority granted to 
 it. 

    Subd. 9h.    Powers additional.  The powers contained in 
 subdivisions 9 to 9g are in addition to all other powers of the 
 board. 

    Subd. 9i.    Cooperation required.  A person who is the 
 subject of an investigation, or who is questioned in connection 
 with an investigation, by or on behalf of the board or its 
 complaint committee shall cooperate fully with the 
 investigation.  Cooperation includes, but is not limited to: 

    (1) responding fully and promptly to questions raised by or 
 on behalf of the board or its complaint committee relating to 
 the subject of the investigation; 

    (2) providing copies of records in the person's possession 
 related to the matter under investigation as requested by the 
 board, its complaint committee, or the attorney general within 
 the time limit set by the board, its complaint committee, or the 
 attorney general; 

    (3) assisting the board, its complaint committee, or the 
 attorney general in its investigation; and 

    (4) appearing at conferences or hearings scheduled by the 
 board or its complaint committee. 

    Subd. 9j.    Disciplinary proceedings closed.  
 Proceedings held before the board or its complaint committee 
 under chapter 214 or subdivisions 9 to 9d are exempt from the 
 requirements of section 471.705, subdivision 1. 

    Subd. 9k.    Conflicts of law.  If there is a conflict 
 between sections 326.241 to 326.248 and chapter 214, sections 
 326.241 to 326.248 shall control. 

    Subd. 10.    Continuation of business by estates.  Upon 
 the death of a master who is an electrical contractor the board 
 may permit the decedent's representative to carry on the 
 business of the decedent for a period not in excess of six 
 months, for the purpose of completing work under contract or 
 otherwise to comply with sections 326.241 to 326.248.  The 
 representative shall 
 give such bond as the board may require conditioned upon the 
 faithful and lawful performance of such work and such bond shall 
 be for the benefit of persons injured or suffering financial 
 loss by reason of failure of such performance.  Such bond shall 
 be written by a corporate surety licensed to do business in the 
 state of Minnesota.  Such representative shall also comply with 
 all public liability and property damage insurance requirements 
 imposed by this chapter upon a licensed electrical contractor. 

    Subd. 11.    Reciprocity.  To the extent that any other 
 state which provides for the licensing of electricians provides 
 for similar action the board may grant licenses, without 
 examination, of the same grade and class to an electrician who 
 has been licensed by such other state for at least one year, 
 upon payment by the applicant of the required fee and upon the 
 board being furnished with proof that the required fee and upon 
 the board being furnished with proof that the qualifications of 
 the applicant are equal to the qualifications of holders of 
 similar licenses in Minnesota.  

    Subd. 12.    Exemptions from licensing.  (a) A 
 maintenance electrician who is supervised by the responsible 
 master electrician for an electrical contractor who has 
 contracted with the maintenance electrician's employer to 
 provide services for which an electrical contractor's license is 
 required or by a master electrician or an electrical engineer 
 registered with the board and who is an employee of an employer 
 and is engaged in the maintenance, and repair of electrical 
 equipment, apparatus, and facilities owned or leased by the 
 employer, and performed within the limits of property which is 
 owned or leased and operated and maintained by said employer, 
 shall not be required to hold or obtain a license under sections 
 326.241 to 326.248; or 

    (b) Employees of a licensed alarm and communication 
 contractor are not required to hold a license under sections 
 326.241 to 326.248 while performing work authorized to be 
 conducted by an alarm and communication contractor; or 

    (c) Employees of any electric, communications, or railway 
 utility, or a telephone company as defined under section 237.01 
 or its employees, or of any independent contractor performing 
 work on behalf of any such utility or telephone company, shall 
 not be required to hold a license under sections 326.241 to 
 326.248: 

    1.  While performing work on installations, materials, or 
 equipment which are owned or leased, and operated and maintained 
 by such utility or telephone company in the exercise of its 
 utility or telephone function, and which 

    (i) are used exclusively for the generation, 
 transformation, distribution, transmission, or metering of 
 electric current, or the operation of railway signals, or the 
 transmission of intelligence and do not have as a principal 
 function the consumption or use of electric current by or for 
 the benefit of any person other than such utility or telephone 
 company, and 

    (ii) are generally accessible only to employees of such 
 utility or telephone company or persons acting under its control 
 or direction, and 

    (iii) are not on the load side of the meter; or 

    2.  While performing work on installations, materials, or 
 equipment which are a part of the street lighting operations of 
 such utility; or 

    3.  While installing or performing work on outdoor area 
 lights which are directly connected to a utility's distribution 
 system and located upon the utility's distribution poles, and 
 which are generally accessible only to employees of such utility 
 or persons acting under its control or direction; or 

    (d) An owner shall not be required to hold or obtain a 
 license under sections 326.241 to 326.248. 

    HIST: 1967 c 602 s 2; 1976 c 222 s 168,169; 1979 c 121 s 2; 
 1981 c 63 s 1; 1981 c 195 s 1; 1985 c 73 s 5-9; 1985 c 248 s 70; 
 1Sp1985 c 6 s 4,5; 1986 c 373 s 3-6; 1986 c 444; 1991 c 289 s 
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