Getting notified that your license to do electrical work is subject to a complaint or you're under investigation for violations is an unsettling feeling. Journeyman electricians and electrical contractors in Illinois dedicate a lot of time, effort, and money toward maintaining credentials. Whenever municipal licensing authorities levy disciplinary action, it can quickly upend the balance of daily life.
Even though some may dismiss news of minor infractions, any adverse action on an electrician's license can lead to the following:
- Municipal fines that eliminate hard-earned profits
- Cease and desist orders that damage your professional reputation
- The shuttering of a business that leaves employees without a job
- License suspension or revocation that leaves you without the chance to work elsewhere
Although allegations of violations or complaints about an electrician's character or competency can bring immense cause for concern, licensees can mount a challenge against claims. The Lento Law Firm Professional License Defense will partner with you to protect your ability to work as an electrician in Illinois. Our team is well-versed in how municipal authorities oversee, investigate, and discipline electricians. 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.
Illinois Licensing Regulations
When most states license electricians, they must pass requirements established by a statewide government agency. However, Illinois does not have one. Instead, licensing lies with each municipality—all 1,300 of them.
Cities and villages do not require an electrician to hold an apprenticeship license. Yet, they must hold one of the two following credentials:
- Journeyman Electrician License: Some municipalities will license journeyman electricians in limited categories, such as working with alarm and signage electrics, as well as other low-voltage systems.
- Electrical Contractor License: Licensees must have varying levels of liability, worker's compensation, and auto insurance, and some municipalities may only grant contractor credentials to journeyman electricians who were licensed locally.
Since state governing bodies don't have jurisdiction over electrical licensing, the information regarding conduct standards, competency requirements, and guidelines for appropriate electrical work lies within each municipality's electrical commission. The state government grants each the authority through ordinance the power to regulate the "installation, alteration, and use of all electrical equipment." Critically, any conductors and equipment installed for the use of electricity for light, heat, or power. However, electrical work connected with radio apparatuses or equipment for wireless reception of sounds and signals is exempt.
Municipal Electrical Commissions and Inspection Departments
Each municipality establishes a six-member electrical commission to oversee the license process and electrical work in a village or city. The commission creates practical standards and specifications for electrical work and a set of rules and regulations governing the issuance of permits.
Electrical inspection departments issue permits in accordance with municipal code and are responsible for a variety of inspections and scrutiny over site work. Departments also respond to complaints of code violations and ensure that they are corrected.
Critically, some municipalities, despite issuing electrical permits, do not issue credentials to individuals. For instance, the City of Carbondale does not offer testing for an electrician's license but will accept licenses from other Illinois municipalities. Likewise, the City of Naperville no longer renews electrical licenses originally issued by its commission, and impacted electricians must test through the International Code Council or participating municipalities. Conversely, areas like the Village of Libertyville may not accept an individual's license because of the "perceived quality levels" of other municipalities and their willingness to issue credentials.
Illinois License Reciprocity
Just because an electrician can work in Aurora, Rockford, Chicago, Elgin, or elsewhere doesn't mean they can work anywhere in the state. Since there is no statewide licensing authority, there is no statewide license reciprocity. Instead, when individuals become licensed in one municipality, others often have reciprocity between them.
The City of Aurora issues registration through reciprocity to electrical contractors—not journeyman electricians—provided that the code compliance officer accepts the quality of testing procedures under which the candidate obtained their original license. Upon acceptance, electrical contractors may work solely on residential properties (one-family or two-family residences).
Each municipal licensing authority will have its own unique set of locations for electricians to work, including reciprocity. However, there are caveats. For example, the City of Chicago does not accept licenses from other cities and villages. As a result, most municipalities do not accept a Chicago electrician license. But regardless of which municipalities exchange licensing credentials, each has strict guidelines for competency and conduct on the job.
Electrician Standards of Conduct and Prohibited Acts
Illinois lawmakers are pushing for a comprehensive reform to create a statewide standard for electrical contractors and journeyman electricians. However, until the state adopts uniform rules, most municipalities implement the National Electrical Code (NEC). In terms of standards of conduct, each relies on city ordinances for working professionals.
For those doing electrical work in and licensed by the Village of Melrose Park, individuals are prohibited from:
- Refusing examination of any document relating to a business's operations or the licensee's credentials
- Engaging in acts of consumer fraud, unfair methods of competition, or deceptive practices
- Doing electrical work without securing a required license or permit
- Breaching city ordinances in connection with electrical work
Melrose Park's municipal code, like most others throughout Illinois, centers much of its prohibited conduct around unfair or deceptive practices. The code—based on the Illinois Consumer Fraud and Deceptive Practices Act—details that such conduct includes at least one of the following:
- False, falsely disparaging, or misleading written statements, visual descriptions
- Representation that consumer goods or consumer services have approval, benefit, sponsorship, or other quality that it does not have
- Failure to state a material fact if the failure deceives another
- Advertising goods or services without intent to offer them
- Concealment, suppression, or omission of any material in connection with the promotion or sale of any good or service
- Soliciting sales or services over the telephone through misrepresentation
- Use of contracts that waive the consumer's right to seek legal defense
Adhering to local electrical codes and ordinances supporting fair business practices is critical to remaining licensed. Even if an electrician displays their license number on their vehicle improperly—too small a font, in the wrong places, or that which is unintelligible—they will invoke disciplinary action.
Complaints and Adjudicatory Hearings
Since no statewide department handles electrician license complaints or adjudicating violations, the municipal department that issued the license manages the grievance process. Whether electricians are certified through the Elgin Electrical Commission, the Chicago Electrical Commission, or another local agency, they have the sole authority to restrict, suspend, or revoke an individual's ability to work.
The process begins when a complaint is filed against a licensed electrician. Complaints can originate from clients, co-workers, or municipal officials who observe or allege misconduct or violations of local codes. The relevant municipal department—often the commission—conducts a preliminary investigation to assess the validity of the allegations and involves on-site inspections, interviews with parties involved, and reviewing the licensee's documentation.
The procedures used to discipline licensees locally are found in the Illinois Municipal Code provisions for administrative adjudications. It establishes a comprehensive framework for ensuring that individuals and businesses are afforded due process. However, they are not exclusive. A municipality's adoption of the administrative adjudication process does not preclude it from using other methods to enforce ordinances governing licensees in areas of home-rule authority.
Hearing officers preside over adjudicatory hearings. Their powers and duties include:
- Hearing testimony and accepting evidence
- Issuing subpoenas compelling witnesses' appearance
- Making determinations on violations
- Imposing penalties and fines
The licensee subject to the allegation or complaint (respondent) and the accuser or municipal department (complainant) are given notice of an adjudicatory hearing, which includes the date and location of the hearing, a short explanation of the nature of the violations, and the penalties for failure to appear at the hearing. Critically, in municipalities with a population under 3,000,000, if the notice requires the respondent to answer within a certain amount of time, the municipality must reply within the same amount of time afforded to them.
The commission schedules hearings with "reasonable promptness," and respondents have at least 15 days after notification of a hearing to prepare. Parties may request the hearing officer to issue subpoenas to direct the attendance and testimony of relevant witnesses and the production of relevant documents. They may also seek legal representation for proceedings.
Formal and technical rules of evidence do not apply in adjudicatory hearings. Evidence, including hearsay, may be admitted only if it is of a type "commonly relied upon by reasonably prudent persons in the conduct of their affairs." All parties may cross-examine opposing witnesses, even solely through their legal representative.
After considering all evidence and testimonies, the hearing officer and commission deliberates and issues a written decision. If the electrical contractor or journeyman electrician is found in violation, they will levy sanctions included in the written notice.
Sanctions for Electricians
Each commission may take into account various factors when determining appropriate discipline. Officials may consider previous complaints made, the probability the licensee will commit other violations, or if they attempt to fix or remedy the issue before the commission hands down discipline. Municipalities may render numerous punishments, given they do not result in fines exceeding $50,000.
Illinois licensees are subject to the following sanctions:
- Stop work orders
- Citations and fines
- Probationary measures and restricted access to permits
- License suspension or revocation
In many states, if electricians have their credentials suspended or revoked, it means they also cannot work in any municipality or state with reciprocity. In Illinois, however, sanctions do not necessarily mean they cannot work in other municipalities. Still, the local electrical commission will take into account previous disciplinary action when deciding whether to grant certification to work. Suspensions will make individuals ineligible until their suspension period has passed. For those with revoked credentials, it is improbable a municipality will allow them to do electrical work.
Judicial Review and Appeals
In Illinois, licensed electricians who face disciplinary sanctions from a local electrical commission have the right to seek judicial review. Individuals must file in the appropriate circuit court within 35 days from the date the decision was served. The commission is responsible for filing an official record of the court proceedings, including all documents, evidence, and transcripts relevant to the case.
Critically, the circuit court's review is limited to the administrative record, not a re-adjudication of the matter. The court evaluates whether the commission's final decision is supported by substantial evidence, thus affirming, reversing, or remanding the case back to the commission for further proceedings.
Defend Your Electrician License in Illinois With the Lento Law Firm
Illinois electricians rely on their licenses to work as they represent their commitment to professionalism and acceptable consumer standards. Even unfounded allegations can disrupt your ability to work as an electrical contractor or journeyman electrician. Therefore, when municipalities seek to levy sanctions, take the situation with the seriousness it deserves and contact the Lento Law Firm to ensure you safeguard the chance to mount a defense.
The Lento Law Firm Professional License Defense Team is your trusted partner in creating a strategic plan to challenge violations, argue your position during commission hearings, and mitigate potential adverse action. Whether allegations stem from consumer complaints, city code and ordinance violations, or breaches of the NEC, the consequences can be severe. Regardless of whether a violation is as seemingly minor as an improper display of a permit or more serious claims of deceptive business practices, it demands attention from a team well-versed in how local commissions manage the grievance process.
Our team makes sure you respond to all opportunities to defend yourself, taking advantage of every opportunity to protect your license. We will take your case before municipal licensing commissions, the circuit court, and further with appeals and legal remedies, if necessary. The goal is prompt, professional, and negotiated relief to get you back to work as quickly as possible. 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.
