As a Colorado electrician, the last thing you need is a notice from the Department of Regulatory Affairs (DORA) or the State Electrical Board in your mailbox regarding a complaint of violation. Licensees are held to stringent standards by DORA and the Board, and any departure from their regulations is grounds for disciplinary action. Unfortunately, first-time allegations, whether lodged against apprentices or seasoned journeymen and master electricians, can jeopardize the time and money put into maintaining credentials.
The Board's grievance process analyzes a wide range of issues, from on-the-job behavior, false advertising, and safety violations to adherence to the National Electrical Code (NEC). Compared with courtroom procedures, the Board has a relatively low burden of proof to establish—which can catch many by surprise—leading to disciplinary action and causing the following:
- Loss of income from mandatory restricted electrical work
- Ongoing monitoring for compliance issues and restrictions through probation
- Career instability from license suspension or revocation
- Continued issues repairing a professional reputation
Defending a license requires a strategic and proactive approach. The Board acts quickly to conduct investigations, hold hearings, and enforce sanctions, meaning the threats to your license demand attention the moment allegations arise.
The Lento Law Firm Professional License Defense Team is prepared to help all Colorado electricians respond to Board actions. We have a comprehensive understanding of how state agencies manage consumer complaints, breaches of regulatory standards, and other work-related violations. Our team ensures you can achieve the best outcome to retain your license and 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.
Colorado State Electrical Board
DORA tasks the Board with overseeing and managing licensed electricians across the state. Its primary responsibilities are to ensure public safety, uphold professional standards, and enforce compliance with state electrical codes and the NEC. Based on education, competency, and experience hours, the Board issues licenses in the following three classifications:
- Residential Wireman: Licensed to install electrical apparatuses and equipment in dwellings with no more than four families residing in them.
- Journeyman Electrician: Licensed to install and repair electrical apparatuses and equipment.
- Master Electrician: Licensed to properly plan, lay out, and supervise the installation and repair of apparatuses and equipment.
Along with licensing eligible individuals, the Board registers apprentices, who must work under the direct supervision of residential wiremen, journeymen, and master electricians. Supervision means the management of a project to ensure that work on the project is done correctly and according to the law and that the licensee is physically present at the same physical address where the apprentice is working.
Moreover, electricians must maintain employment records or work reports for their apprentices in order to provide experience verification. They should accurately document the type of work by the number of hours and months the apprentice performed electrical work and specifically reflect the following:
- The exact dates of employment
- The number of hours and months of residential electrical experience
- The amount of commercial, industrial, or substantially similar electrical experience
Licensed electricians are limited to supervising three apprentices at one time. They are also responsible for the immediate quality of apprentices' work.
Electrical Contractor Licensing
Although electricians may be licensed by the Board, they may not strictly have the legal authority to independently operate as a contractor or advertise services directly to consumers. Electrician licenses verify an individual's technical competency, but an electrical contractor license holds them accountable to business codes and consumer compliance under DORA.
An electrical contractor license authorizes an individual electrician or a business entity to offer services directly to the public. DORA requires at least one master electrician appointed as a company's Responsible Master Electrician (RME) acting as the point of contact for the agency. RMEs must also hold general liability insurance and worker's compensation coverage.
Critically, not all Colorado municipalities recognize a general electrical contractor licensing and have their own guidelines. For example, Boulder does not accept reciprocal licenses, and individuals must apply for verification when completing work within city limits.
Colorado Electrician Prohibited Conduct
To promote high standards of integrity and professionalism, electricians are beholden to established guidelines for general conduct and competency. From following the NEC and obtaining proper permits to providing accurate estimates and industry-standard workmanship, licensed electricians must follow a comprehensive code of conduct or risk disciplinary action.
Although it's not an exhaustive list, the Board prohibits the following among licensed electricians and apprentices:
- Engaging in electrical work without the appropriate license
- Failure to register an apprentice
- Improperly supervising apprentices
- Not removing a disapproved electrical installation within a reasonable amount of time
- False or misleading advertising
- Committing one or more acts or omissions that do not meet generally accepted standards of electrical practice
- Deception, misrepresentation, or fraud in obtaining or attempting to obtain a license
- Violating state or federal safety, health, insurance, or tax law
- Criminal convictions related to the profession
- Failure to comply with Board orders
Maintaining appropriate professional conduct is crucial for Colorado electricians, not only for safeguarding their careers but also for ensuring public safety and trust in the electrical industry. Allegations of unprofessional conduct can have lasting impacts, including disciplinary actions such as license suspension, fines, or even revocation.
Complaint Investigations
When allegations or disciplinary actions occur, they are addressed differently depending on whether the issue pertains to individual conduct or to business practices, insurance, employment issues, or contracts. If allegations relate to behavior concerns or interactions with consumers, the Board takes the lead on the investigation. DORA handles those related to business and insurance, among others.
Anyone can initiate a complaint against a licensed electrician through DORA's online complaint system, where the complainant can search for the licensee (respondent) within the system. If the individual is unlicensed, the system allows for manual entry of their information. Although the agency and the Board accept anonymous complaints, the effectiveness of the overall investigative process depends heavily on the initial information provided.
The Board's Executive Director reviews the complaint and then assigns staff members or personnel from DORA's Office of Investigations to investigate. Those investigating complaints rely on a wide range of means to gather pertinent case facts and could involve some of 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
Agency or Board personnel then compile a Report of Investigation summarizing the findings without making recommendations regarding disciplinary actions. The Board reviews the investigator's report to decide on the appropriate course of action, which may include the following:
- Dismissal: The evidence does not substantiate the allegations, and the complaint is discharged.
- Confidential Letter of Concern: In cases of minor infractions, not warranting formal action, but expressing concern and advising corrective measures.
- Letter of Admonition: For conduct that does not necessitate formal proceedings but is more serious.
- Formal Disciplinary Action: If the investigation reveals significant violations, the Board may initiate formal disciplinary proceedings, referring the case to the Office of the Attorney General (OAG) for preparation and filing of a formal complaint.
If the Board levies sanctions, it will send the respondent a Notice of Adverse Action. It will include a summary of the Board's determination and corresponding punishment. The Board does not conduct an official hearing but is handed off to the Office of Administrative Courts (OAC) for further adjudication. Respondents also have the right to request a formal hearing within 20 days of receiving the notice.
Formal Administrative Hearings
The OAC assigns an Administrative Law Judge (ALJ) to the case, but before proceedings begin, both parties will have the opportunity to attend a pre-hearing conference. The meeting is an additional effort to help respondents and the Board (represented by the OAG) come to an agreement. If a settlement is reached, the ALJ will review the stipulations and file them with state authorities, creating a legally binding contract. If parties do not reach an accord, they will meet at a scheduled hearing date in front of the ALJ.
OAC hearings are conducted similarly to court trials, with the exact procession left up to the ALJ, such as who makes their opening or closing statements first and the admissibility of evidence and testimony. Critically, electricians can retain legal representation for administrative hearings.
Both parties have the right to submit evidence and testimony to influence the ALJ's decision in their favor. Determinations will affirm the Board's decision, reverse it and modify sanctions, or remand the matter back to the Board for further review.
Board Disciplinary Action
Although respondents can seek appeals through judicial review within 35 days, the remedy is relegated to issues of procedural irregularities and excessive penalties. Therefore, it is likely that electricians will receive an additional Notice of Adverse Action from the Board, which includes the sanctions imposed, such as the following:
- Fines: First offenses carry fines up to $1,000, and second offenses up to $2,000. Subsequent offenses may incur fines of up to $2,000 per day of continued violation.
- License Probation: Placing the licensee under monitoring for a specified period to ensure compliance with regulations, including continuing education.
- License Suspension: Temporarily revoking the licensee's authority to conduct electrical work.
- License Revocation: Permanently rescinding the licensee's ability to work as an electrician in Colorado.
Critically, even if a case was dismissed with a letter of concern, that doesn't mean an electrician accused of violation will always avoid disciplinary action. The Board can reopen a case up to five years after it was dismissed if evidence emerges supporting the underlying charges. If the licensee has other active cases pending at the end of the five-year retention period, the letter of concern may be kept for a longer period of time at the Board's discretion.
Consequences of Sanctions for Colorado Electricians
Colorado electricians may believe that once the Board levies sanctions, they may be able to find work in a different state. However, since Colorado is a signatory of the National Electrical Reciprocal Alliance (NERA), it's highly unlikely.
NERA provides license reciprocity with well over one dozen other states, including Colorado. While it allows easier access to work in neighboring states, any disciplinary action taken is effectively transferred to other states. In nearly all states, discipline in one jurisdiction affects license status in all other reciprocal jurisdictions.
Beyond the Board's adverse action, probationary periods, suspension, or revocation can invoke contractual breaches with consumers. When prohibited from applying for permits or specific types of electrical work, they may be forced to transfer work, which can put a career-altering strain on employees, subcontractors, and apprentices and even lead to a company's closure.
Disciplinary action can quickly change the course of an electrician's career, upend their businesses, and put a complete stop to their way of earning a living for their family. Since the consequences are so great, it's crucial to seek assistance the moment allegations arise.
Defend Your Colorado Electrician License with the Lento Law Firm
For Colorado electricians, a license represents more than just technical knowledge and regulatory compliance needed for the occupation. It shows consumers they are trusted members of the public and a model of professionalism and dedication to the highest safety standards. When DORA or the Board levies disciplinary action, it can do irreparable damage.
The Lento Law Firm understands that every allegation deserves legal assistance to protect your ability to work and provide for your family. Whether complaints or violations originate from allegations of fraudulent advertising, safety concerns, or building code violations, it demands the attention for us.
Our Professional License Defense Team uses extensive experience with the grievance processes Colorado's state and municipal agencies use. We ensure you respond to all opportunities to defend yourself before the Board, DORA, and the OAC. Begin building a robust defense strategy with our team to ensure you remain a licensed electrician working in Aurora, Denver, Centennial, Fort Collins, Grand Junction, Pueblo, Greeley, or elsewhere throughout the state. 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.
