As a licensed electrician in California, you've worked for years to build your successful career and professional reputation. However, all of that work can be undone with a single complaint, and your license can be suspended, placed on probation, or even revoked.
At the Lento Law Firm, we understand the stress of being accused of a violation in your profession. You may be unsure how to proceed or if you even have any options to defend yourself against this accusation. You do have the ability to defend yourself, and you should if you want to protect your career. Our Professional License Defense Team can help you work toward keeping your license by building a strong defense. We assist licensed electricians and other professionals throughout California, and we're ready to help you, too.
Call 888-535-3686 to schedule a consultation. You can also fill out our contact form, and a member of our team will reach out to you.
Who's in Charge of Electrician Licenses in California?
In California, there are several entities involved in certifying electricians and maintaining standards for safe electrical work in the state:
- The California Contractors State License Board (CSLB) administers licenses to electrical contractors and processes complaints about licensees.
- The Electrician Certification Unit (ECU) administers specific certifications for electricians and registration for electrician apprentices.
- The Division of Apprenticeship Standards (DAS) processes complaints about electrician apprentices.
California has nearly 30,000 certified general electricians across the entire state. Anyone can file a complaint against an electrician or electrician apprentice with the CSLB as long as they have enough relevant information. The ECU also has an online tool that lets anyone look up and confirm licensed electricians in the state.
Who Needs to Be Licensed as an Electrician in California?
The state of California requires a license to work as a class C-10 electrical contractor. This status refers to anyone who “places, installs, erects or connects any electrical wires, fixtures, appliances, apparatus, raceways, conduits, solar photovoltaic cells or any part thereof, which generate, transmit, transform or utilize electrical energy in any form or for any purpose.” Licenses are issued by the CSLB.
Anyone who performs electrical work under the supervision of a C-10 electrical contractor doesn't need to have a license (as long as their work doesn't enter the scope of the class C-10 license), but they do have to be certified with the ECU.
Examples of Electrician License Violations
Before bringing you up on disciplinary charges, the CSLB must have good cause to suspend, revoke, or deny your license. Typically, accusations of misconduct, negligence, or another violation come from consumer complaints to the CSLB, but they can also come from contractors, employers, or other electricians.
Failing to Supervise
Electricians can get their license suspended or revoked for employing an uncertified person to perform electrical work, failing to adequately supervise uncertified workers, or failing to adequately supervise electrician apprentices.
Fraud
Committing fraud as a certified electrician usually means completing work outside the scope of your certification or failing to meet certain standards intentionally. If you try to complete electrical work for which you aren't certified and lie about it, the Chief DAS may have good cause to revoke your certification.
Gross Negligence
Gross negligence is committing a major error on the job that endangers the safety of others. It's not intentional, but it's still harmful enough that the Chief DAS would be justified in taking action against your license.
Abandonment of Contract
Abandoning any construction project or operation that you've engaged in as a contractor can be subject to disciplinary action if you don't have a legal reason for it.
Diversion or Misapplication of Funds or Property
If you don't properly apply funds or property to construction projects for which they were intended or for which you received the funds, you could potentially be in violation.
Failing to Pay Subcontractors
Not paying your subcontractors in a timely manner can land you in trouble with the CSLB. You could also be forced to pay a penalty of two percent of the amount due to the subcontractor for every month the payment isn't made.
Departure from Accepted Trade Standards
Willfully ignoring trade standards, plans, or specifications while carrying out licensed work is considered a violation and can lead to disciplinary action from the CSLB.
Disregard for Safety Provisions
If you don't uphold safety standards while working on a project, you may be brought up on disciplinary charges. It doesn't matter if there was injury or death as a result of this lack of safety standards; you would still be considered in violation.
Failing to Make or Keep Records for Inspection
As a licensed contractor in California, you must keep records showing all contracts, documents, records, receipts, and disbursements of all your transactions going back at least five years. If you don't have these records ready for inspection when the registrar asks, you may face disciplinary action.
Unprofessional Conduct
Contractors, building managers, and property owners expect a reasonable degree of professional courtesy when working with licensed electricians. Any behavior that resembles discrimination, assault, theft, harassment, or that otherwise hurts or upsets consumers will likely be reported to the CSLB and undergo investigation.
California Disciplinary Process for Electrician Violations
There are two disciplinary processes for electricians: One for C-10 licensed contractors and one for certified electricians working under supervision or as an employee of a C-10 licensed contractor.
C-10 License Contractor Disciplinary Process
The CSLB handles complaints and potential violations concerning licensed C-10 electrical contractors. The process involves filing a complaint, investigation, arbitration, and disciplinary action.
- Complaint: The CSLB evaluates every complaint it receives to determine if it falls within its jurisdiction. It prioritizes complaints that are more serious. The CSLB will also send you the complaint and ask if you can resolve it with the complainant directly, if possible.
- Mediation: If the complaint doesn't get resolved directly between you and the complainant, the CSLB asks the complainant for more information. It may also try to mediate between you and the complainant.
- Small Claims Court: The CSLB may let the complainant pursue a claim against your contractor's license in small claims court if mediation doesn't work, you don't have a history of repeated violations, and the estimated financial injury is less than $10,000. If the complainant is successful, you may be required to pay a civil liability or bond payout or risk license suspension with the CSLB.
- Investigation: If there is still no resolution on the matter, the CSLB will conduct an investigation. It must find clear and convincing evidence to support a violation of Contractors State License Law. This investigation could also include interviews with you, the complainant, or other parties.
- Arbitration: Cases concerning financial damages can also go to arbitration, facilitated by the CSLB and a neutral third party. Licenses can't be suspended or revoked for complaints sent to arbitration unless you refuse to comply with the arbitrator's award.
- Disciplinary Action: The CSLB may issue you a citation, or you could be charged with violating the law, which could lead to license suspension or revocation.
- Hearing: If you are served with a citation, you can appeal to the registrar within 15 working days, and the registrar will schedule a hearing. At the hearing, you can defend your position and have an attorney represent you. Once it's over, the registrar will issue a decision. You can appeal this decision via judicial review.
- Informal Citation Hearing: You also have the option of requesting an informal citation conference instead of a hearing. You can also bring an attorney to this conference, and the citation will either be affirmed, modified, or dismissed. You can then appeal this decision by requesting an administrative conference.
Electrician Apprentice & Certification Disciplinary Process
Anyone who works under the supervision of a C-10 electrical contractor must be certified and is also subject to certain standards. The Chief DAS is in charge of denying, suspending, or revoking electrician certifications. If the CSLB receives a complaint about a certified electrician, the board will pass it to the chief DAS. For legitimate complaints, the DAS can issue a notice of disciplinary action.
Notice
A certified electrician who has allegedly committed gross negligence or fraud, engaged in repeated acts of negligence, or obtained certification through mistake, misrepresentation, or fraud may receive a notice of license suspension or revocation from the Chief DAS. This notice must meet certain requirements:
- Sent to you in writing via certified mail
- Specifies the reasons for the suspension or revocation
- States your right to request a hearing
Hearing
Once you receive the notice from the Chief DAS, you have 30 days to request a hearing. If you wait too long and the 30 days pass, the suspension or revocation takes effect.
The Chief DAS must schedule a hearing with the CSLB Director up to 90 days after you request one. At the hearing, you must prove that you still deserve certification as an electrician. Once the hearing is over, the Director has another 90 days to send you their ruling.
The Director's ruling is final. However, you may use California's judicial review process to appeal the Director's decision. You'll be required to go to California's administrative law courts with your case and ask for an appeal; it's usually recommended to have an attorney assist you with this procedure.
No matter how far along you are in this process, whether you've just recently received the notice of disciplinary action or you want to appeal the hearing decision, our Professional License Defense Team can help. We can assist both C-10 license holders and certified electricians who are facing disciplinary action.
We've dealt with professional licensing and certification boards throughout the country. We understand how this kind of procedure differs from a typical court of law and which tactics to use to protect your rights.
What the Lento Law Firm Does to Defend Your License
You shouldn't assume things will just work out with your electrician license. Even if you know you did nothing wrong, you could still face sanctions. The Chief DAS and CSLB Directo don't owe you the same due process rights as a court of law, and its primary interest is public safety, not your livelihood. It will take all accusations seriously, so you should take your defense seriously, too.
Our Professional License Defense Team can assist with your defense throughout the entire process. Here's what to expect when you work with us:
- Our team will conduct a thorough investigation of the facts and circumstances surrounding the complaint against you. We won't rely solely on the board's investigators; we'll gather evidence ourselves, independently of the CSLB's process.
- We'll negotiate with the board on your behalf with the goal of seeking a favorable solution. Our team can work toward a resolution that potentially avoids a hearing or reduces the severity of the sanctions against your license.
- We'll represent you at any meetings or hearings to defend your interests. A member of our team will always be by your side when dealing with the Chief DAS or Director.
- We'll take further legal action, such as filing a lawsuit, if necessary. Our Professional License Defense Team will always let you know what your options are in your situation and provide our advice on how you should proceed.
If you're dealing with a professional complaint against you, work with the Lento Law Firm's Professional License Defense Team. We're just as committed to protecting your career as you are.
Get the Assistance You Need for Defending Your Electrician License
The Lento Law Firm works with licensed professionals just like you all over the country. We can help you defend your license and hold on to your livelihood. Call 888-535-3686 or fill out our contact form to schedule a consultation.
