Minnesota electricians spend a lot of time, money, and effort in obtaining their licenses to work. Whether they are installers working on heating systems in residential homes, master electricians supervising journeyworkers, or linemen repairing utility infrastructure, each is beholden to the Department of Labor and Industry's (DLI) strict standards.
DLI regulations and those adopted by the Minnesota Board of Electricity (Board) cover every from advertising standards to the appropriate application of the state electrical code. Any departure from state agency guidelines—even mistakes and misunderstandings—is subject to an intrusive investigation with the potential for disciplinary action.
Compared with courtroom procedures, DLI has a relatively low burden of proof to establish during the grievance process. Unfortunately, disciplinary actions are often harsh and can cause the following consequences:
- Restricted work opportunities following license probation
- Struggles maintaining an industry career with license suspension or revocation
- Issues repairing a professional reputation after public reprimands or cease-and-desist orders
The Lento Law Firm is prepared to build a strategic defense for Minnesota electricians to respond to complaints and alleged violations. We understand how DLI manages complaints, breaches of regulatory standards, and other violations. Our Professional License Defense Team ensures you have the resources to challenge threats to your license and livelihood. Call us at 888-535-3686 now or fill out our confidential consultation form, and we will contact you.
Minnesota Department of Labor and Industry
In Minnesota, DLI oversees the licensing of all contracting professionals, including electricians. It tasks the Board with developing and maintaining competency standards, appropriate examinations, and other qualifications to ensure adherence to state laws and the electrical code.
DLI offers various classifications to accommodate different levels of expertise and scopes of work, such as the following:
- Master Electrician: Authorizes individuals to plan, lay out, supervise, and perform electrical work for installations, alterations, or repairs of electrical wiring, apparatuses, and equipment.
- Journeyworker Electrician: Permits individuals to install, alter, repair, and maintain electrical systems under the supervision of a master electrician.
- Maintenance Electrician: Allows those to maintain and repair electrical wiring, apparatuses, and equipment within facilities owned or leased by their employer.
- Lineman: Those with the authority to construct and maintain electrical transmission and distribution systems.
- Class A Installer: Permits the installation of specific electrical systems, such as heating and air conditioning wiring.
- Class B Installer: Holders are certified to install, alter, and repair electrical wiring, apparatuses, and equipment for single-family dwellings and outbuildings.
- Power Limited Technician: Enables individuals to work on circuits or systems operating at 50 volts or less, including technology circuits and systems.
- Elevator Constructor: Those who have the authority to tend to electrical equipment and systems for elevators and escalators.
- Satellite System Installer: Allows individuals to install, repair, and plan electrical structures for satellite broadcast communication systems.
Apart from exemptions for homeowners, there are some unlicensed individuals that may conduct electrical work in the state. Those without a license may perform electrical work within the scope of their employer's authority, but only under the direct supervision of a licensed journeyworker or master electrician. Yet, unlicensed individuals must still register with DLI, meeting minimum criteria before granted permission to work in the industry.
Electricians tasked with supervising unlicensed personnel must be present at the same physical address. They also may not supervise more than two unlicensed individuals at any given time.
Contractors must have general liability insurance, which includes premises and operations insurance and products and completed operations insurance, with limits of at least $100,000 per occurrence, a $300,000 aggregate limit for bodily injury, and property damage insurance with limits of at least $50,000. Additionally, they must maintain a bond to the state with the penal sum of $25,000.
Prohibited Conduct
Electricians are entrusted with protecting the integrity of electrical systems. However, holding a license comes with a set of expectations and professional conduct standards. When they are violated—through allegations of negligence, unlicensed work, or building code infractions—electricians may face disciplinary action.
Apart from maintaining the correct insurance minimums, mandatory education requirements, and other vital requirements for license renewal, the following are prohibited acts:
- Submitting false or misleading information to DLI or the Board
- Allowing the alteration or use of one's license
- Failure to appropriately supervise other electricians and unlicensed individuals
- Violating National Electrical Code safety standards
- Retaliation against employees who cooperate with complaint investigations
- Performing work in a manner that demonstrates incompetence, untrustworthiness, or financial irresponsibility
- Advertising electrical services without a license
- Convictions of crimes related to the profession
In some cases, DLI can immediately suspend an individual's license. It can seek a summary suspension outside of the normal grievance process. However, it is normally reserved for allegations that point to an emergency situation.
When the safety of life or property is threatened or to prevent fraudulent, deceptive, untrustworthy, or dishonest acts against the public, a summary suspension works the same as a normal license suspension, but without an initial hearing. Yet, licensees may request a hearing within ten days.
Summary suspensions typically have a maximum length of 90 days. Otherwise, most disciplinary action begins with complaints from consumers, coworkers, and other community members.
The Complaint Process
More people than just clients and customers can file a complaint. DLI and the Board accept complaints from anyone, from building officials and inspectors to fellow professionals and community members where electricians work or live.
Grounds for complaints are often wide-ranging, but some common reasons include:
- Violations of the electrical licensing or electrical inspection laws, errors, or inappropriate action
- Breaching state electrical laws
- Performing electrical work without a proper license or failing to obtain electrical permits
Upon notice of an alleged infraction through the state's complaint portal, the Enforcement Service Unit takes the complaint to analyze whether it falls within DLI's or the Board's jurisdiction. However, the complaint process does not resolve billing or contractual disputes, factual disputes, or compel contractors to pay damages (without a civil judgment). Further, they cannot enforce claims on "rude" behavior or poor workmanship and cannot make determinations related to mechanics' liens.
Investigation Procedures
Once the Enforcement Service Unit has gathered all the information from the complainant, they will decide whether sufficient evidence exists in the complaint to warrant disciplinary action and thus merit further investigation. If investigators cannot prove that a violation occurred, the file is closed, and parties are notified.
During an investigation, DLI can seek information from a variety of sources, such as:
- Sworn and unsworn statements
- Examination of records and files
- On-site inspections
- Reviews of online presence, including advertisements
While there is no hearing, respondents will have the opportunity to meet and discuss their side of the events related to the complaint. However, they should not expect a venue to present evidence, only to answer the investigator's questions and give a statement.
If the investigation substantiates a violation, DLI will levy an enforcement order, which the respondent may accept through a consent order. Although it is technically not a finding of fact or an admission of guilt, a consent order will come with disciplinary measures. Although a voluntary measure, once signed, the respondent forfeits their right to appeal.
Enforcement Orders
DLI uses two types of enforcement actions: administrative orders and licensing orders. Administrative orders are formal enforcement actions used when an individual or business has violated a law, rule, or code, particularly those related to unlicensed activity, code violations, or improper field conduct.
Sanctions can also apply to those unregulated by DLI or the Board. For instance, if someone performs electrical work without a license or without the correct license, the department can stop the activity and impose penalties, such as:
- Censuring is a public admonition of misconduct or unlicensed work
- Cease-and-desist orders to stop all work-related activities
- Orders to correct violations (or paying for qualified professionals to fix them)
- Monetary penalties and fines (no more than $10,000 per violation)
On the other hand, licensing orders are normally reserved for violations related to professional misconduct and failure to comply with continuing education mandates or supervision requirements. Critically, they only apply to those regulated through DLI—and by the Board in this case—such as master electricians, installers, linemen, and others. Sanctions can include one or a combination of the following:
- Reprimands that act as a public warning for substantiated misconduct
- Fines (no more than $10,000 per violation)
- Probation with conditions such as mandatory continuing education and other directives that mitigate future violations
- License suspension from six months to five years, with conditional reinstatement
- Revocation of credentials and permanent ban on conducting electrical work in Minnesota
All orders must include a summary of the facts that constitute the violation and a reference to the regulations or laws that were violated. If the respondent accepts, the Board reviews the matter and files it at their next meeting. Yet, respondents do not have to accept the agreement. DLI will include a statement of the right to request a hearing regarding challenges to the department's decision.
Contested Case Hearings
Respondents must petition the Minnesota Office of Administrative Hearings (OAH) within 20 days of DLI's decision. Contested cases work similarly to courtroom trials but with fewer formalities. An Administrative Law Judge (ALJ) presides over the hearing and provides respondents (who may be represented by a legal professional) and DLI (usually represented through the Attorney General's Office) with an ample opportunity to make arguments in favor of their case. Parties may also submit evidence and witness testimony for the ALJ's consideration.
The goal of the ALJ will be to decide whether the respondent has violated the state electrical code or associated rules, analyze whether DLI substantiates the allegations, and determine if sanctions should be imposed. Before proceedings, the ALJ may hold a pre-hearing conference to discuss procedural matters, clarify the exact issues addressed during the hearing, and explore a settlement.
After the hearing, the ALJ may call for post-hearing briefs on issues raised, but will typically issue a decision within 60 days from the beginning of the process. The decision is reviewed by the Board, which may adopt, modify, or reject the conclusions made. Licensees have a right to appeal the decision through judicial review; however, the scope is limited to procedural errors and departures from evidentiary standards.
Consequences of Sanctions for Electricians
When electricians receive a notice of the sanctions levied in their mailbox, it can come as heavy as a ton of bricks. Even if minor violations are handled with reprimands or short probationary terms, license discipline is viewable by the public. That means whenever a potential client is searching for someone to install, maintain, or repair electrical systems, discipline can make licensees appear less trustworthy or less competent as industry professionals, even if it isn't truly the case. Again, DLI has a relatively low burden of proof to hurdle when managing violations, and therefore, unfair discipline is a real potential.
Many may believe that they could move and work in another jurisdiction since DLI has reciprocal agreements with nearly a dozen other states, such as Iowa, Nebraska, North Dakota, and South Dakota, for master electricians, and even more for journeyworkers. However, any disciplinary action taken is effectively transferred to other states. In nearly all states, discipline in one jurisdiction affects license status in all others.
Defend Your Minnesota Electrician License with the Lento Law Firm
The Lento Law Firm recognizes the threat to Minnesota electricians the moment allegations arise. Our Professional License Defense Team has extensive experience with the grievance processes that Minnesota's state agencies use. We ensure you respond to all opportunities to defend yourself in DLI investigations and OAH hearings and will exhaust every opportunity for redress.
We understand that every allegation deserves legal assistance to protect the ability to work, provide an income for families, and grow a business. Whether complaints or violations originate from allegations of fraudulent advertising, safety concerns, or building code violations, they demand our immediate attention. Whether working in Duluth, Fargo, St. Paul, St. Cloud, or Minneapolis, contact the Lento Law Firm Professional License Defense Team. Call us today at 888-535-3686 or fill out our confidential consultation form, and we will contact you.
