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Minnesota Legislature

Office of the Revisor of Statutes

326.2415 BOARD OF ELECTRICITY.
    Subdivision 1. Composition. (a) The Board of Electricity shall consist of 12 members.
Eleven members shall be appointed by the governor with the advice and consent of the senate and
shall be voting members. Appointments of members by the governor shall be made in accordance
with section 15.066. If the senate votes to refuse to consent to an appointment of a member made
by the governor, the governor shall appoint a new member with the advice and consent of the
senate. One member shall be the commissioner of labor and industry or the commissioner's
designee, who shall be a voting member. Of the 11 appointed members, the composition shall
be as follows:
    (1) one member shall be an electrical inspector;
    (2) two members shall be representatives of the electrical suppliers in rural areas;
    (3) two members shall be master electricians, who shall be contractors;
    (4) two members shall be journeyman electricians;
    (5) one member shall be a registered consulting electrical engineer;
    (6) two members shall be power limited technicians, who shall be technology system
contractors primarily engaged in the business of installing technology circuits or systems; and
    (7) one member shall be a public member as defined by section 214.02.
    The electrical inspector shall be appointed to a term to end December 31, 2011. One of the
rural electrical suppliers shall be appointed for a term to end December 31, 2011. The other
rural electrical supplier shall be appointed for a term to end December 31, 2010. The consulting
electrical engineer shall be appointed for a term to end December 31, 2011. One of the master
electrician contractors shall be appointed for a term to end December 31, 2011. The other master
electrician contractor shall be appointed for a term to end December 31, 2010. One of the
journeyman electricians shall be appointed for a term to end December 31, 2011. The other
journeyman electrician shall be appointed for a term to end December 31, 2010. One of the power
limited technicians shall be appointed for a term to end December 31, 2011. The other power
limited technician shall be appointed for a term to end December 31, 2010. The public member
shall be appointed for a term to end December 31, 2010.
    (b) The consulting electrical engineer must possess a current Minnesota professional
engineering license and maintain the license for the duration of the term on the board. All other
appointed members, except for the public member and the representatives of electrical suppliers
in rural areas, must possess a current electrical license issued by the Department of Labor and
Industry and maintain that license for the duration of their terms. All appointed members must be
residents of Minnesota at the time of and throughout the member's appointment. The term of any
appointed member that does not maintain membership qualification status shall end on the date
of the status change and the governor shall appoint a new member. It is the responsibility of the
member to notify the board of their status change.
    (c) For appointed members, except the initial terms designated in paragraph (a), each term
shall be three years with the terms ending on December 31. Members appointed by the governor
shall be limited to three consecutive terms. The governor shall, all or in part, reappoint the current
members or appoint replacement members with the advice and consent of the senate. Midterm
vacancies shall be filled for the remaining portion of the term. Vacancies occurring with less than
six months time remaining in the term shall be filled for the existing term and the following
three-year term. Members may serve until their successors are appointed but in no case later than
July 1 in a year in which the term expires unless reappointed.
    Subd. 2. Powers; duties; administrative support. (a) The board shall have the power to:
    (1) elect its chair, vice-chair, and secretary;
    (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board, and
containing such other provisions as may be useful and necessary for the efficient conduct of
the business of the board;
    (3) the Minnesota Electrical Code shall be the most current edition of the National Electrical
Code upon its adoption by the board and any amendments thereto as adopted by the board. The
board shall adopt the most current edition of the National Electrical Code and any amendments
thereto pursuant to chapter 14 and as provided in subdivision 6, paragraphs (b) and (c);
    (4) review requests for final interpretations and issue final interpretations as provided in
section 16B.63, subdivision 5;
    (5) adopt rules that regulate the licensure or registration of electrical businesses, electrical
contractors, master electricians, journeyman electricians, Class A installer, Class B installer,
power limited technicians, and other persons who perform electrical work except for those
individuals licensed under section 326.02, subdivisions 2 and 3. The board shall adopt these rules
pursuant to chapter 14 and as provided in subdivision 6, paragraphs (d) and (e);
    (6) adopt rules that regulate continuing education for individuals licensed or registered as
electrical businesses, electrical contractors, master electricians, journeyman electricians, Class A
installer, Class B installer, power limited technicians, and other persons who perform electrical
work. The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision 6,
paragraph (e);
    (7) advise the commissioner regarding educational requirements for electrical inspectors;
    (8) refer complaints or other communications to the commissioner, whether oral or in
writing, as provided in subdivision 8 that alleges or implies a violation of a statute, rule, or order
that the commissioner has the authority to enforce pertaining to code compliance, licensure,
registration, or an offering to perform or performance of unlicensed electrical services;
    (9) approve per diem and expenses deemed necessary for its members as provided in
subdivision 3;
    (10) approve license reciprocity agreements;
    (11) select from its members individuals to serve on any other state advisory council,
board, or committee; and
    (12) recommend the fees for licenses and certifications.
    Except for the powers granted to the Plumbing Board, Board of Electricity, and the Board
of High Pressure Piping Systems, the commissioner of labor and industry shall administer and
enforce the provisions of this chapter and any rules promulgated pursuant thereto.
    (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
    (c) The commissioner shall coordinate the board's rulemaking and recommendations with
the recommendations and rulemaking conducted by all of the other boards created pursuant to
chapter 326B. The commissioner shall provide staff support to the board. The support includes
professional, legal, technical, and clerical staff necessary to perform rulemaking and other duties
assigned to the board. The commissioner of labor and industry shall supply necessary office space
and supplies to assist the board in its duties.
    Subd. 3. Compensation. (a) Members of the board may be compensated at the rate of
$55 a day spent on board activities, when authorized by the board, plus expenses in the same
manner and amount as authorized by the commissioner's plan adopted under section 43A.18,
subdivision 2
. Members who, as a result of time spent attending board meetings, incur child care
expenses that would not otherwise have been incurred, may be reimbursed for those expenses
upon board authorization.
    (b) Members who are state employees or employees of the political subdivisions of the state
must not receive the daily payment for activities that occur during working hours for which they
are compensated by the state or political subdivision. However, a state or political subdivision
employee may receive the daily payment if the employee uses vacation time or compensatory
time accumulated in accordance with a collective bargaining agreement or compensation plan for
board activities. Members who are state employees or employees of the political subdivisions
of the state may receive the expenses provided for in this subdivision unless the expenses are
reimbursed by another source. Members who are state employees or employees of political
subdivisions of the state may be reimbursed for child care expenses only for time spent on board
activities that are outside their working hours.
    (c) The board shall adopt internal standards prescribing what constitutes a day spent on board
activities for purposes of making daily payments under this subdivision.
    Subd. 4. Removal; vacancies. (a) An appointed member of the board may be removed
by the governor at any time (1) for cause, after notice and hearing, or (2) after missing three
consecutive meetings. The chair of the board shall inform the governor of an appointed member
missing the three consecutive meetings. After the second consecutive missed meeting and before
the next meeting, the secretary of the board shall notify the appointed member in writing that the
member may be removed for missing the next meeting. In the case of a vacancy on the board, the
governor shall, with the advice and consent of the Senate, appoint a person to fill the vacancy for
the remainder of the unexpired term.
    (b) Vacancies shall be filled pursuant to section 15.097, subdivisions 5 and 6.
    Subd. 5. Membership vacancies within three months of appointment. Notwithstanding
any law to the contrary, when a membership on the board becomes vacant within three months
after being filled through the appointments process, the governor may, upon notification to the
Office of Secretary of State, choose a new member from the applications on hand and need
not repeat the process.
    Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its members a
chair, vice-chair, and secretary. A quorum of the board shall consist of a majority of members
of the board qualified to vote on the matter in question. All questions concerning the manner in
which a meeting is conducted or called that is not covered by statute shall be determined by
Robert's Rules of Order (revised) unless otherwise specified by the bylaws.
    (b) Each electrical code amendment considered by the board that receives an affirmative
two-thirds or more majority vote of all of the voting members of the board shall be included in the
next electrical code rulemaking proceeding initiated by the board. If an electrical code amendment
considered, or reconsidered, by the board receives less than a two-thirds majority vote of all of the
voting members of the board, the electrical code amendment shall not be included in the next
electrical code rulemaking proceeding initiated by the board.
    (c) The board may reconsider electrical code amendments during an active electrical code
rulemaking proceeding in which the amendment previously failed to receive a two-thirds majority
vote or more of all of the voting members of the board only if new or updated information that
affects the electrical code amendment is presented to the board. The board may also reconsider
failed electrical code amendments in subsequent electrical code rulemaking proceedings.
    (d) Each proposed rule and rule amendment considered by the board pursuant to the
rulemaking authority specified in subdivision 2, paragraph (a), clauses (5) and (6), that receives
an affirmative majority vote of all of the voting members of the board shall be included in the next
rulemaking proceeding initiated by the board. If a proposed rule or rule amendment considered,
or reconsidered, by the board receives less than an affirmative majority vote of all of the voting
members of the board, the proposed rule or rule amendment shall not be included in the next
rulemaking proceeding initiated by the board.
    (e) The board may reconsider proposed rule or rule amendment during an active rulemaking
proceeding in which the amendment previously failed to receive an affirmative majority vote
of all of the voting members of the board only if new or updated information that affects the
proposed rule or rule amendment is presented to the board. The board may also reconsider failed
proposed rule or rule amendment in subsequent rulemaking proceedings.
    Subd. 7. Board meetings. (a) The board shall hold meetings at such times as the board shall
specify. Notice and conduct of all meetings shall be pursuant to chapter 13D and in a manner
as the bylaws may provide.
    (b) If compliance with section 13D.02 is impractical, the board may conduct a meeting of its
members by telephone or other electronic means so long as the following conditions are met:
    (1) all members of the board participating in the meeting, wherever their physical location,
can hear one another and can hear all discussion and testimony;
    (2) members of the public present at the regular meeting location of the board can hear
clearly all discussion and testimony and all votes of members of the board and, if needed, receive
those services required by sections 15.44 and 15.441;
    (3) at least one member of the board is physically present at the regular meeting location; and
    (4) all votes are conducted by roll call, so each member's vote on each issue can be identified
and recorded.
    Each member of the board participating in a meeting by telephone or other electronic means
is considered present at the meeting for purposes of determining a quorum and participating in
all proceedings.
    If telephone or other electronic means is used to conduct a regular, special, or emergency
meeting, the board, to the extent practical, shall allow a person to monitor the meeting
electronically from a remote location. The board may require the person making such a connection
to pay for documented costs that the board incurs as a result of the additional connection.
    If telephone or other electronic means is used to conduct a regular, special, or emergency
meeting, the board shall provide notice of the regular meeting location, of the fact that some
members may participate by telephone or other electronic means, and that a person may
monitor the meeting electronically from a remote location. Any person monitoring the meeting
electronically from a remote location may be required to pay documented costs incurred by the
board as a result of the additional connection. The timing and method of providing notice is
governed by section 13D.04.
    Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner the
substance of any complaint or communication it receives, whether in writing or oral, that alleges
or implies a violation of a statute, rule, or order that the commissioner has the authority to enforce
pertaining to the license or registration of any person authorized by the department to provide
electrical work, the performance or offering to perform electrical work requiring licensure or
registration, or electrical code compliance. Each complaint or communication that is forwarded to
the commissioner shall be submitted on a form provided by the commissioner.
    (b) The commissioner shall advise the board of the status of the complaint within 90 days
after the board's written submission is received, or within 90 days after the board is provided
with a written request for additional information or documentation from the commissioner or
the commissioner's designee, whichever is later. The commissioner shall advise the board of
the disposition of a complaint referred by the board within 180 days after the board's written
submission is received. The commissioner shall annually report to the board a summary of the
actions taken in response to complaints referred by the board.
    Subd. 9. Data Practices Act. The board is subject to chapter 13, the Minnesota Government
Data Practices Act, and shall protect from unlawful disclosure data classified as not public.
    Subd. 10. Official records. The board shall make and preserve all records necessary to a full
and accurate knowledge of its official activities in accordance with section 15.17.
History: 2007 c 140 art 5 s 19