When your livelihood depends on your electrician license, nothing feels more unsettling than receiving notice of an investigation or disciplinary action from the Alabama Electrical Contractors Board (AECB). AECB diligently regulates electrical contractors and journeyman electricians across the state to promote compliance and protect public safety. Subsequently, it has the authority to revoke credentials or impose debilitating sanctions.
Since allegations can quickly transform into disciplinary action, your professional reputation and ability to practice your trade may hang in the balance. Unfortunately, even the most responsible and hardworking electricians can find themselves facing allegations such as the following:
- Failed inspection reports
- Local code violations
- Misrepresenting services
- Alleged unethical behavior
- Fraudulent business practices
Electricians are subject to intrusive investigations and administrative proceedings, which can rapidly overwhelm anyone who attempts to navigate their defense alone. Licensees have rights during proceedings—including the right to representation, the right to present evidence, and the right to appeal—that can dramatically affect the outcome of the case.
The Lento Law Firm understands the dire straits electricians face when allegations arise. Our Professional License Defense Team recognizes how the administrative process works to adjudicate and sanction complaints and violations. We are an invaluable resource for managing the investigative process, disciplinary hearings, or filing appeals to ensure you protect your license and your livelihood. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 now or fill out our confidential consultation form, and we will contact you.
Alabama Electrical Contractors Board
In Alabama, no one may offer services as an electrician—or conduct electrical work in most cases—unless licensed by AECB. In addition to provisional licenses, the board issues credentials to two types of professionals:
- Journeyman Electricians: Those with a minimum of 8,000 hours of experience showing necessary qualifications like training and technical knowledge to install electrical wiring, apparatuses, or equipment.
- Electrical Contractors: Individuals with a minimum of 8,000 hours of electrical supervisory experience in design, planning, layout, and direct supervision of electrical contracting activities and the installation of electrical components.
The AECB also establishes guidelines for the Alabama Electrical Contractors Act, which is the governing resource for licensees in the state. The act also safeguards homeowners and other property owners and tenants against faulty, inefficient, inadequate, or unsafe electrical components and services.
Exemptions to AECB Oversight
While Alabama mandates licensing for journeyman electricians and electrical contractors, certain activities are exempt. Individuals or businesses are not considered electrical contractors when their work is confined to specific systems operating at less than 25 volts.
The following are also exempted from licensed electrical work:
- Installation, construction, or maintenance of systems used for the generation and secondary distribution of electricity built under the National Electrical Code (NEC)
- Telecommunications or signal systems furnished by utility companies
- Technicians working on cable television systems or direct broadcast satellite services
- Those with authorization through a county or municipality
- Homeowners and property owners installing, constructing, maintaining, altering, or repairing electrical systems on their own premises
- Retail merchants or employees installing or repairing appliances they have sold
Critically, even though there are numerous situations where those doing electrical work are exempt, some can face punishment from ACEB for doing electrical work without a license. For example, while heating and air conditioning specialists can work with existing electrical systems without a license, they cannot perform any electrical work for others outside of their profession.
Although counties and municipalities throughout Alabama may require electricians to stand for and attain a passing grade on a local examination to prove their ability and proficiency, a valid statewide license means they are allowed to perform the work regardless. However, licensees—typically electrical contractors—must obtain the proper county or municipal building permits, as well as local business licenses, if applicable.
Electrician Prohibited Conduct
Alabama's licensed journeyman electricians and electrical contractors play a vital role in maintaining the safety and functionality of residential, commercial, and industrial electrical infrastructure. Although education and experience are vital to the profession, the state also enforces standards of conduct for licensees.
Although it's not an exhaustive list, individuals holding a license, including a provisional one, breach ACEB's guidelines if they:
- Engage in electrical contracting without a valid license, such as soliciting business as a journeyman electrician and not as a fully licensed contractor
- Provide false information during the licensure application process or in any correspondence with customers for the board
- Fail to adhere to state electrical codes, safety standards, and other regulatory requirements, such as completing continuing education
- Demonstrate negligence or incompetence in performing electrical work
- Noncompliance with board directives, such as failing to pay fines or ignoring cease-and-desist orders
- Obstruct or fail to cooperate with ACEB investigations, such as refusing to respond to inquiries within the allotted timeframe
- Fail to properly display license in the principal place of business
- Engage in dishonest or unethical behavior, such as exploiting clients, overcharging, or misrepresenting services that disparage the credibility of the profession
- Convicted of crimes that impact the licensee's ability to perform their professional duties ethically and competently
Maintaining appropriate professional conduct is vital for Alabama electricians. Not only does it safeguard public safety and promote trust in the profession, but it also mitigates the potential damage disciplinary action can have.
Complaints, Investigations, and Settlement Agreements
It isn't just clients or the governing board that can lodge complaints about electrician in Alabama—anyone can. They could come from homeowners who took issue with the end result of electrical work or the competency of licensees and other electricians. They may also come anonymously from individuals claiming any wrongdoing breaching local ordinances, state laws, or the NEC.
Complaints lodged to the board must include:
- Accurate contact information for both the complainant (accuser) and the respondent (accused licensee)
- A detailed description of the complaint specifying which laws or rules are believed to have been violated.
Upon receipt of the complaint, ACEB will determine whether the allegations are within its jurisdiction, such as issues directly related to the profession. It may also request additional information or a formal statement from the complainant before deciding whether to move forward with the grievance process.
If the complaint points to a violation of ACEB guidelines, the chairman assigns it to the board's investigator. Inquiries rely on a wide range of means to gather pertinent case facts and could involve the following:
- Obtaining correspondence between the electrician and the consumer
- Searching for municipal permits received or applied for during a project
- Analyzing inspection reports and work contracts
- Conducting interviews with the complainant, respondent, witnesses, and other parties involved
- Performing on-site inspections to assess the work or project in question
The investigator then compiles a report summarizing the findings for the Investigative Committee's review. The committee evaluates the information and recommends an appropriate course of action for the full, nine-member Board to review during a regular meeting and may:
- Dismiss the complaint if no violation is found
- Issue a non-disciplinary letter of concern
- Issue a cease-and-desist order
- Enter into a consent agreement, which usually includes administrative fines and probationary measures
- File formal disciplinary charges
When the board issues a letter of concern, it does not tie the licensee to publicly reported sanctions. However, the board may include recommendations to mitigate future allegations. Cease-and-desist orders will halt an electrician's work immediately but are typically not encompassing all of a licensee's work but a particular project. ACEB may even work with municipalities to deny permits to noncompliant contractors.
Probationary measures often involve electricians working under a conditional license for a period of time. They may have to complete a series of mandatory continued education, have their supervision responsibility over apprentices restricted, or complete courses geared at rehabilitating the behavior or actions that led to the misconduct, among others.
Critically, the board can recommend suspension or revocation as disciplinary measures. Although electricians have the right to request a formal hearing before the status of a license is changed because of punishment, the board will likely offer the sanctions beforehand through a consent agreement. The pact allows licensees to accept responsibility for the violations substantiated by the Investigation Committee without moving through the administrative hearing process. However, electricians should never voluntarily accept imposed punishment, thinking that it will be less severe.
Alabama Administrative Hearings
Within 21 days of receiving the board's recommended sanctions, electricians can request a formal hearing conducted through the Administrative Office of Courts. Once an Administrative Law Judge (ALJ) is assigned to the case, the board (represented through the attorney General's Office) and the licensee (who can have legal representation) will meet at a pre-hearing conference.
The meeting is an additional effort to help parties come to an agreement, such as negotiating probationary terms, fines, or periods of suspension. If parties do not reach an agreement, they will meet at a scheduled hearing date in front of the ALJ.
Hearings are similar to courtroom trials, where licensees have the right to submit evidence and testimony to influence the ALJ's decision in their favor. They may also subpoena witnesses, cross-examine board witnesses or experts, and make opening and closing statements. Determinations will affirm the board's decision, reverse it and modify sanctions, or remand the matter back for further review.
Board Sanctions for Alabama Electricians
Once the board receives the ALJ's decision, the licensee will be notified of the outcome. If the electrician is found in violation of the board's regulations, it will impose disciplinary measures.
Administrative fines are often enforced in addition to other sanctions. They are based on the severity of the violations, the effort taken by Investigation Committee, and the licensee's previous disciplinary history. Fines are no more than $5,000 per violation, but can increase to $6,000 if the accused was an unlicensed contractor. Subsequent violations can also garner more expensive fines.
When AECB suspends an individual's license, it can be for a period of six months up to as long as five years. Prior to reinstatement, electricians will likely have a set of conditions to complete, such as paying fines, participating in educational courses, or undergoing other evaluations to fulfill board standards. With license revocation, it means that electricians are forbidden indefinitely from performing work in Alabama.
Fortunately, licensees can seek judicial review of ACEB's final decision by appealing to the circuit court in the county where they reside. However, the court only reviews the board's record of the hearing to determine whether the decision was supported by substantial evidence and did not include procedural errors or bias.
Consequences of License Discipline
Disciplinary action—even for minor building code violations—is a matter of public record. That means potential clients and employers may judge whether or not they would accept that electrician's services as opposed to others found on the state database. Even if licensees manage sanctions and continue working after their punishment is served, their record can be the origin of a damaged professional reputation.
Some electricians may believe they can work in a state that already recognizes their credentials through reciprocity after ACEB hands down discipline. However, disciplinary action—like license suspension or revocation—carries over from Alabama to the following states with reciprocal agreements:
- Georgia
- Louisiana
- Mississippi
- North Carolina
- South Carolina
- Tennessee
- Virginia
Beyond licensure implications, a cease-and-desist order, a restricted license, suspension, or revocation can lead to issues with consumers and contractual breaches. When prohibited from applying for permits or completing a project, it can force electricians to transfer work to others. Not only can it lead to further financial consequences for those who took on those jobs, it can leave apprentices and other contractors without employment.
Defend Your Alabama Electrician License With the Lento Law Firm
An electrician's license represents more than occupational knowledge; it shows consumers they are trusted members of the public with a dedication to the highest quality and safety standards. When ACEB levies disciplinary action, it not only limits or takes away the ability to conduct electrical work, but it can also become the beginning point of irreparable damage.
When complaints or allegations put an electrician's career at risk, they deserve a team prepared to challenge the board's assertions, conduct their own assessment, and build a strategic defense. The Lento Law Firm is known throughout Alabama for helping licensed electricians navigate investigations and disciplinary proceedings. Take advantage of our skilled Professional License Defense Team to protect your ability to work in Birmingham, Huntsville, Daphne, Decatur, Mobile, Montgomery, Tuscaloosa, Talladega, and elsewhere in Alabama. Call the Lento Law Firm Professional License Defense Team today at 888-535-3686 or fill out our confidential consultation form, and we will contact you.
