Electricians play an essential role in Arkansas' economy and help ensure the safety of all citizens. It's not a stretch of the imagination to say that no building in the state would be safe to live in or work in without the skill and professionalism of the state's electricians. Accordingly, the state has a strict licensing and oversight process for anyone working in the field. Electricians who violate the conditions of licensure are subject to severe penalties.
Are you a licensed Arkansas electrician facing sanctions or investigation by the Department of Labor? If the answer is yes, you must take steps to defend yourself. The Department of Labor can strip you of your license and issue monetary fines. However, the Department of Labor must prove wrongdoing, and you have the right to defend yourself against the charges. Call the Lento Law Firm Professional License Defense Team at 888.535.3686 or contact us online.
Arkansas Department of Labor Electrical Division
The Arkansas Department of Labor and Licensing is the state agency responsible for overseeing the state's licensed professionals. The state's administrative rules have designated electrical work as a profession requiring a license, and the Electrical Division of the Department of Labor regulates the state's electrical licensees. Their authority includes:
- Reviewing electrical license applications for approval or denial
- Issuing licenses and renewals
- Investigating complaints of malpractice or wrongdoing by licensees
- Investigating allegations of people performing electrical work without the proper licenses
- Issuing sanctions against licensed electricians who are found in violation of the state's administrative rules
The Electrical Division is a public safety agency, and the state legislature has given it broad powers to take whatever action it deems necessary to maintain high professional standards. Holding an electrician's license is a privilege, not a right. Furthermore, the Electrical Division expects licensed electricians to adhere to its standards on and off the job.
That creates a unique situation for licensees because they are subject to Electrical Division oversight even in their private lives. Failure to abide by the administrative rules can expose you to the following forms of disciplinary sanctions:
- Issue civil fines up to $250 for a first offense, $750 for a second offense, or $1,000 for a third offense
- Suspend your electrical license for a period determined by the Electrical Division
- Revoke your license
- Deny your license renewal
The Electrical Division can issue any of these sanctions individually or in combination. That means it can issue a civil fine and suspend or revoke your license. In cases where a violation, or violations, exist on a continuing basis, the Electrical Division may regard each day the violation continues as a separate violation. That means monetary fines can easily stretch into thousands or hundreds of thousands of dollars.
Working Without a License Is Illegal
Arkansas law clearly states:
- (a) Beginning January 1, 1992, unless specifically exempted under this chapter, no person or electrician shall perform any construction, installation, or maintenance of electrical facilities or perform electrical work in this state except in compliance with the statewide standards promulgated under this chapter.
- (b) Any person or electrician who does any construction, installation, and maintenance of electrical facilities or performs electrical work in this state without an exemption and not in compliance with this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500) or by imprisonment for not more than thirty (30) days, or both fine and imprisonment.
That means you can face discipline from the Electrical Division and criminal punishment for performing electrical work without a license in Arkansas. The Electrical Division can initiate an investigation and forward the results of that investigation to the District Attorney's office in the county where you allegedly performed electrical work without a license.
Potential Violations of the Arkansas Administrative Code
Licensed electricians can be disciplined for a wide range of potential offenses under the Arkansas Administrative Code. The code allows for anyone who has suffered harm, loss, or damage due to the work of a licensed electrician to file a complaint with the Electrical Division. It specifically lists the following four infractions as causes for complaint:
- Property damage
- Electrical work that does not comply with the minimum
- Standards for such work are established by Regulation 010.13-008.
- Threats of bodily harm made by a licensee accepting payment for electrical work or supplies that are not performed or provided
This is only a partial list of infractions. Other common infractions include failure by a Journeyman or Master Electrician licensee to supervise apprentice licensees at what the Administrative Code refers to as "Regular and reasonable intervals" on job sites
Potential Consequences of Electrical Division Sanctions
Losing your ability to work in your chosen field and/or being forced to pay civil monetary sanctions are the most obvious consequences of being sanctioned by the Electrical Division. However, they are not the only consequences. Losing your license can affect you in numerous ways. First, it could jeopardize the status of any other professional licenses you hold in Arkansas or other states.
If, for example, you're licensed as a general contractor in Louisiana or Texas, the respective licensing boards in those states likely require you to self-report any license sanctions you receive in Arkansas. Those boards may decide to take additional disciplinary action against your other licenses. That means your entire career and ability to support your family hang in the balance with every Electrical Division investigation.
Theat is not the only potential complication of having license discipline. As a licensed electrician, you must carry errors and omissions insurance or work for a firm with an errors and omissions policy that covers all its employees. License discipline is a matter of public record, and insurance companies will check your record for potential violations before writing policies.
Having a history of disciplinary sanctions while obtaining errors and omissions insurance is no different than trying to obtain liability insurance with a poor driving record. The more sanctions your record shows, the higher your premiums will go. In cases where you have multiple infractions or disciplinary sanctions, insurers may raise your premiums or decide not to cover you at all.
Sanctions Damage Your Public Reputation
Insurers aren't the only people who check your records. Any potential client can perform a routine license check with the Electrical Division before hiring you for a job. They will likely be reticent to hire you if they find a history of license sanctions. At a minimum, you may find yourself continually explaining away license sanctions to secure future jobs. Some prospective clients may decide not to hire you at all.
How Investigations Work
The Electrical Division is bound by law to investigate any written complaint filed against you, but it also has the authority to initiate an investigation independently if it believes you are violating the administrative rules. The Electrical Division may issue a monetary fine if the investigation reveals statutory infractions. However, it may move to suspend or revoke your license for more serious violations of the administrative code.
You will receive a written notification if the Electrical Division finds that your violation(s) are serious enough to merit the suspension or revocation of your license. However, you have due process rights, and the Electrical Division can't suspend or revoke your license without a hearing. It will mail you the written notification of a hearing at least 20 days before the hearing takes place.
The notification will also summarize the allegations and inform you of the date, place, and time for your hearing. You have the right to the assistance of counsel to help defend yourself at this hearing. The Electrical Division has the burden of proof to demonstrate you have committed the violation(s) alleged in the written notification before suspending or revoking your license.
With that said, the “jury” in your case will be made up of Electrical Division staff, and it's not likely that the investigative staff will move forward with a case they don't believe they can prove. So, you must take the situation seriously, and hiring the Lento Law Firm Professional License Defense Team is a great place to start. You have only one opportunity to fight the charges. Make the most out of it.
How Can Professional License Defense Help?
Becoming an electrician requires years of study and practical experience. You put that knowledge and experience into working every day for your clients, and the same thing holds true for professional license defense. It's highly unlikely that a layperson could read a book on how to wire a home and then complete that task as effectively as you can. Ironically, they couldn't perform that work professionally without a license.
However, you still have the option of defending yourself in an Electrical Division hearing. Is that the best option when your career, reputation, and livelihood are all on the line? The Lento Law Firm Professional License Defense Team has decades of experience defending licensed professionals like yourself from disciplinary sanctions and investigations. We approach every case by creating a comprehensive defense that directly addresses the charges against you.
We make it our business to know the specific rules and regulations that determine how your case will be handled. For example, you have the power to request evidence via discovery, but you must submit that request to the Electrical Division no later than 10 days before the hearing. If your time is divided between trying to practice your profession and managing your defense, this date can pass you by.
That won't happen with us. We stay on top of the details regarding your case, including filing deadlines and procedural requirements. There is even a legal requirement for submitting exhibits at your hearing. The administrative code states that you must provide 10 copies of any exhibit you want to submit at your hearing. Our Professional License Defense Team will prepare your defense exhibits and submit them in accordance with Arkansas' administrative rules.
We are also well-versed in dissecting evidence against our clients. Does the person making the complaint have an axe to grind? Are their allegations credible, or do they have just enough weight to get an investigation started? Let us help you by taking a deeper look at the case against you. We can isolate and highlight any inconsistencies that the Electric Division's investigative staff may have missed or downplayed in building the case against you.
Alternatives to Disciplinary Sanctions
It's also important to realize there is more than one way to fight a case. Your ultimate goal in any investigation or hearing is to be able to continue practicing your craft with minimal interruptions or marks on your record. The Electrical Division's ultimate goal is to make sure that all the state's licensed electricians operate in a manner that minimizes risk to Arkansas citizens.
That creates the opportunity for us to find alternatives to the harshest disciplinary measures. Our Professional License Defense Team has extensive experience negotiating informal settlements or other solutions that allow you to keep working. If we can negotiate an informal agreement with the complaining party, they may withdraw their complaint before the hearing. This may help you avoid any discipline or sanctions against your license.
We can also help your petition to contest any civil monetary penalties applied by the Electrical Division. However, there is a specific procedure that must be followed and a time limit for submitting the request. Our Professional License Team knows these deadlines, and we'll help you make the most persuasive case possible as to why your monetary penalties should be reduced.
We Can't Help You Until You Call Us
Becoming a licensed electrician is the culmination of a lifetime's worth of work. Your license is a badge of honor and a passport to living the American dream. It could all go away if the Electrical Division decides to sanction your license. It's that serious. The clock is ticking on your career the minute you receive a hearing or investigation notification.
It's scary, but it's not the end of the world. You have the right to defend your good name and professional reputation. We are here to help you do it, but you have to make the first move. Time is of the essence. We can't help you until you reach out to us. The worst thing you can do is nothing. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 or contact us online. We are here for you.
