Becoming a licensed electrician in Maine requires several years (and, in many cases, literally thousands of hours) of work. You might fear all that work was for nothing if you learn you're facing disciplinary action against your license due to an alleged violation. Depending on the nature of the allegations, whether you've been accused of violations in the past, and other such factors, potential disciplinary action could put your career at risk.
Now isn't the time to take chances with your livelihood. If you've been accused of misconduct, gross negligence, or other such violations as a licensed electrician in Maine, protect yourself with the help of professionals who have experience handling these types of cases.
That's the type of experience the Lento Law Firm Professional License Defense Team offers. Serving electricians in the Portland metropolitan area, Bangor area, Augusta-Waterville area, and anywhere else in the state, we're on hand to represent you when potential disciplinary action threatens to derail a career you've worked hard for. Find out more about how we can help with your case by submitting your information via our confidential online contact form or by calling our offices today at 888-535-3686.
Licenses Available from the Maine Electricians' Examining Board
The Electricians' Examining Board (referred to going forward as “the Board”), which operates under the Maine Office of Professional and Occupational Regulation, is responsible for licensing electricians in the state. It specifically issues the following licenses:
- Master Electrician: A Master Electrician's license allows someone to install “electrical wires, conduits, apparatus, fixtures, and other electrical equipment.” A Master Electrician may also hire and/or supervise those with other electrician licenses in Maine.
- Limited Electrician: As the name implies, someone with a Limited Electrician license in Maine has legal permission to make only specific types of electrical installations. The limitations on this type of license can vary on a case-by-case basis, depending on the training and education of a given electrician.
- Journeyman Electrician: A Journeyman Electrician is licensed to make electrical installations while working under a Master Electrician, Limited Electrician, or Electrical Company.
- Apprentice Electrician: An Apprentice Electrician in Maine must have entered into an agreement to complete an educational and work program in which they learn their trade while a licensed Master, Journeyman, or Limited Electrician supervises them. The apprenticeship program in which an Apprentice Electrician participates must be properly registered with the US Department of Labor per 29 Code of Federal Regulations, Section 29.3.
- Helper Electrician: A Helper Electrician is another type of licensed electrician in Maine who can perform certain installations under the supervision of an electrician with a Master, Journeyman, or Limited Electrician license.
- Journeyman-in-Training Electrician: A Journeyman-in-Training Electrician may perform electrical installations as an employee of a Master Electrician, Limited Electrician, or Electrical Company in Maine. To qualify for this license, they must have also graduated from an electrical program through an accredited Maine community college or the Department of Corrections. In addition, they must have completed a journeyman examination with a passing grade and completed 2,000 hours of licensed electrical installations.
The Board also offers “Senior” versions of many of the above licenses, such as a license for a Senior Master Electrician. Someone may qualify for a Senior license if they are over 70 years of age.
Reasons the Board May Take Disciplinary Action Against an Electrician's License in Maine
The Board has the authority to discipline a licensed electrician in Maine for the following general reasons:
- Gross negligence when performing electrical installations
- Incompetency when performing electrical installations
- Misconduct when performing electrical installations
- Employing unlicensed individuals to perform electrical work
Specific violations can take several forms. The following are just a few examples of the types of misconduct that may prompt the Board to take action against a Maine electrician's license:
- Working outside the scope of a license: As covered earlier, the Board offers various types of licenses to electricians and prospective electricians in Maine. An electrician may face disciplinary action if it's determined they performed work outside the scope of their particular license.
- Aiding and abetting misconduct: Helping someone work outside the scope of their license or assisting someone in performing unlicensed electrical work can also result in a Maine electrician facing disciplinary action.
- Not obtaining proper permits: Even if an electrician's license would typically grant them the authority to perform certain types of work, they may nevertheless get in trouble for doing so if it's shown they performed certain electrical installations or other such work without obtaining the necessary permits first.
- Ignoring inspector's orders: Naturally, all electrical installations must be up-to-code. An inspector may order changes, adjustments, new installations, etc., if they determine that an installation or electrical work doesn't meet the applicable requirements. An electrician who ignores such orders may face Board discipline accordingly.
- Fraud: There are numerous ways an electrician can engage in fraud. They might do so for personal financial gain. For example, an electrician may commit fraud by billing a customer or client for unnecessary services or for services that weren't provided. Or, an electrician might falsify a permit to save time on a job.
- Improper documentation: It's often necessary for electricians to properly document their work and maintain records of the work they've done. The Board can take disciplinary action against the license of an electrician who fails to do so.
- Not complying with accepted standards: The National Electrical Code and National Electrical Safety Code establish industry-wide standards that electricians in Maine are expected to comply with. Failure to do so can result in disciplinary action.
The above are merely examples. They don't necessarily represent every single potential reason the Board might consider disciplining an electrician's license.
Understanding why the Board is considering disciplinary action is very important. At the Lento Law Firm, attorneys with our Professional License Defense Team will gladly explain the allegations you're facing if it's unclear why the Board is investigating you.
Forms of Disciplinary Action Licensed Electricians in Maine May Face
The specific forms of disciplinary action the Board may consider when an electrician is accused of gross negligence, incompetence, or misconduct can vary depending on the specific circumstances. Disciplinary actions the Board has the authority to take are:
- License denial: The Board may refuse to issue a license to an applicant who has already committed a violation. If a licensed electrician is found responsible for a violation, the Board can refuse to renew their license.
- Warning, censure, or reprimand: An official warning, censure, or reprimand may not technically limit an electrician's ability to work in the state. However, official warnings and other such forms of basic discipline still get linked to an electrician's record in Maine. As such, they can negatively affect an electrician's employment prospects. A potential employer may naturally be less likely to consider hiring a candidate if they learn they've been subject to any disciplinary action against their license.
- Suspension: The Board may suspend an electrician's license for up to 90 days when it deems necessary. Be aware that the Board has the authority to issue a separate suspension for every violation. These suspensions can run concurrently or consecutively. Thus, if the Board finds an electrician engaged in more than one violation, they could face license suspension that lasts more than 90 days. In some cases, the Board will allow a suspension to end early (or before it even begins) if an electrician satisfies the terms of probation. However, even if this occurs, the suspension still gets attached to an electrician's record, potentially harming their employment opportunities.
- Revocation: The Board can revoke an electrician's license entirely. The Board may be more likely to consider this option when multiple complaints have been made, an electrician has been subject to disciplinary action on one or more occasions in the past, or the nature of the violation is significant enough to justify revocation.
- Civil penalties: The Board can impose a civil penalty of up to $1,500 for every violation it finds an electrician guilty of or responsible for. Such points highlight the way in which a disciplinary case can be financially costly for an electrician in Maine.
- Probation: The Board can place probationary terms on the license of an applicant or licensed electrician. Examples of such terms include (but aren't limited to) a requirement to complete additional continuing education, a requirement to complete health evaluations (which can include psychiatric/mental and medical health), mandatory professional supervision, etc. The length of a probationary period is flexible. Maine law allows the Board to exercise its own discretion when determining how long probation should last.
The Board publishes information about any disciplinary actions it takes online. Thus, even a seemingly “minor” penalty can harm an electrician's reputation.
What the Complaint Process Involves When a Maine Electrician is Accused of a Violation
Someone who believes an electrician has violated the applicable laws, rules, or regulations may submit a complaint to the Maine Office of Professional and Occupational Regulation accordingly. Although the nuances of the complaint process may vary slightly depending on the unique details of a case, generally, it involves the following steps:
- Filing the complaint: The Board senior inspector receives and reviews complaints. Every complaint is assigned its own number.
- Exchange of documents: The OPOR Complaint Office sends a copy of the complaint to the electrician against whom it has been made once the complaint has been properly docketed. The complaint will indicate to the electrician that they have 33 days to respond. The party who made the initial complaint will receive a copy of the electrician's response after they submit it. They then have 15 days to respond, although doing so isn't mandatory. If they do, the electrician will also receive a copy of their response.
- Investigation: The Board's complaint committee will receive copies of all the documents referenced above. If other documents are relevant to a case, the complaint committee will receive copies of these as well. Sometimes, the document exchange process described above is sufficient, and the complaint committee doesn't need to conduct a more detailed investigation. However, it may do so if an investigation is necessary to uncover more details.
- Evaluation: The information yielded during the steps described above will then be subject to evaluation by the complaint committee. Depending on the outcome of the evaluation, the complaint committee may make a recommendation to the Board.
The complaint committee will typically make a presentation to the Board describing the complaint and the relevant information. The Board may then proceed with one of the following steps:
- Dismissal: The Board may dismiss a complaint if it determines there is insufficient evidence to take further action. If the Board dismisses a complaint, the original complainant doesn't have the option of appealing said decision.
- Consent agreement: The Board disciplinary process isn't a criminal case. That said, a consent agreement is somewhat similar to a plea agreement when someone is facing criminal penalties. It involves an electrician admitting to certain violations and accepting certain sanctions accordingly. An electrician may negotiate a plea agreement with the Board and the Maine Office of the Attorney General. They don't have to be directly involved in the negotiations, as a representative can negotiate on their behalf.
- Hearing: An electrician may dispute the complaint. If so, the Board will schedule an adjudicatory hearing, in which an Assistant Attorney General presents the case against the electrician. The electrician can also present their own defense.
The process may sound overwhelming, but it's critical to remember that you don't have to face it alone. Our Professional License Defense Team can assist you every step of the way.
Contact the Lento Law Firm to Defend Your Maine Electrician License
Being accused of a violation can have major implications for your career as an electrician in Maine. The outcome of your case may depend on how effectively you defend yourself.
Luckily, help is available. The Lento Law Firm Professional License Defense Team is ready to learn about your case and explain how we defend electricians like you. Get started today by submitting your information online or by calling our offices at 888-535-3686.
