Opening up a letter or notification that your Ohio electrician license is threatened by consumer complaints or state violations is a great cause for concern. Issues from code violations, improper permitting, or ethical misconduct imperil not only the credentials to work but also a professional's livelihood, reputation, and future business and employment opportunities. The stress of potential disciplinary action from the Ohio Construction Industry Licensing Board (OCILB) makes it crucial to address allegations promptly and strategically.
When state authorities discipline Ohio electricians, it can have severe implications for daily life. Breaches of OCILB regulations can lead to the following if board investigations reveal violations:
- Fines that take away your business' hard-earned profits
- Probationary measures that restrict your ability to work
- License suspension that leaves individuals without the ability to apply for local permits for up to a year
- Losing the ability to work as an electrician in Ohio and other states with license revocation
When your ability to work as an electrician hangs in the balance, the Lento Law Firm Professional License Defense stands prepared to begin your defense. Our team is well-versed in how state and local authorities manage complaints and allegations. Even though fines and orders to correct violations are common, license suspension and revocation are at OCILB's disposal. Whether you're managing the complaint process, disciplinary hearings, or filing appeals, we provide the help you need to protect your license and your 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.
Ohio Construction Industry Licensing Board
In Ohio, no one may act as or claim to be an electrical contractor unless licensed by OCILB. Yet, individuals are still allowed to work for an electrical employer. Licensing becomes important, however, when individuals seek to secure local permits. Ohio's municipalities will not issue a permit for any electrical work if they are not licensed. The board has the authority to issue three types of licenses:
- Journeyman Electrical License
- Master Electrician License
- Electrical Contractor License
All tradespeople working under an electrician's license must be employed by the licensee's company, be on the payroll, and receive a W-2 tax form. For subcontracting work, tradespeople are designated as independent contractors, and they must also be licensed.
Working outside OCILB guidelines or the National Electrical Code is strictly prohibited, but there are far more rules licensees must follow. Whether workers are operating outside of their educational or occupational levels, state authorities can levy disciplinary action. However, there are exceptions.
Exemptions to OCILB Oversight
While the state mandates licensing for electrical contractors, certain activities are exempt. Individuals or businesses are not considered electrical contractors when their work is confined to specific systems operating at less than 50 volts, which include:
- Fire alarm or burglar alarm systems
- Cabling and tele-data sound systems
- Communication systems
- Landscape lighting and irrigation systems
Professionals working exclusively on these low-voltage systems are not required to obtain an electrical contractor's license from the state. However, Ohio's local municipalities often have their own regulations and licensing requirements. For instance, the City of Columbus exempts certain entities from local licensing and permit requirements, such as industrial manufacturers or hospitals performing telecommunications work within their facilities using their own employees.
Critically, even though there are numerous situations where those doing electrical work are exempt, they can face punishment from the OCILB for doing electrical work without a license. For example, heating and air conditioning technicians who work with existing electrical systems without a license cannot perform any work for others outside of their profession.
Electrician Prohibited Conduct
Ohio electricians play a vital role in maintaining the safety and functionality of residential, commercial, and industrial electrical infrastructure. Although education and experience are vital to the profession, the state also enforces standards of conduct for licensees.
Individuals holding a journeyman electrical, master electrician, or electrical contractor license breach OCILB's guidelines if they:
- Secure a permit for an unlicensed person or business
- Obtain a license or permit through fraud or misrepresentation
- Engage in fraud, misrepresentation, or deception in the conduct of business
- Fail to maintain insurance ($500,000 minimum)
- Assign a license to more than one company or through a DBA
- Are convicted of or guilty pleas to crimes of moral turpitude or conspiracy
Beyond licensure, electricians must display their OCILB license number on all advertisements, whether on business cards, in phonebooks, on social media ads, or affixed to company—sometimes personal—vehicles. However, if the licensee's company name is not on a vehicle, it is not an advertisement, and therefore, the license number isn't required.
License Complaints and Investigations
It isn't just clients or the governing board that can lodge complaints to an electrician in Ohio—anyone can. They could come from community members who took issue with the end result of electrical work or the competency of licensees and other workers. Allegations may arise of unfair business practices or fraudulent activities. They may also come anonymously from individuals claiming any wrongdoing breaching local ordinances, state statutes, or the National Electrical Code.
The origin of the complaint will depend on what agency handles the investigation process. If issues arise concerning a licensed commercial electrician—such as uncompleted projects, unlicensed work, or deceptive practices—complaints can be filed directly with the OCILB. Grievants must complete a Contractor Complaint Form and submit it to the OCILB Investigator Supervisor.
Nevertheless, OCILB may not have authority over residential contractors. Homeowners who encounter issues with residential electricians can file complaints with the Consumer Protection Section of the Office of the Attorney General (OAG). Some common reasons for investigation include:
- Contract or purchase agreement discrepancies
- Invoice or billing statement disagreements
- Misrepresentation through advertising
- Estimate or prosomal inconsistencies
- Fraudulent receipts or payment records
Additionally, local municipal building departments can manage complaints. Each may have its own list of prohibited conduct for journeyman electrical, master electrician, and electrical contractor licensees and can address code violations or permitting issues within their jurisdiction.
OCILB Grievance Process
When a complaint is filed against a licensed commercial electrician, OCILB establishes if the violation is in their jurisdiction. Then, it initiates a comprehensive investigation to gather all relevant evidence. The process commonly includes conducting on-site inspections, interviewing involved parties, and reviewing documentation such as permits, contracts, and code compliance reports. Once the investigation is complete, the findings are compiled into a report and presented to the five-member electrician "specialty section" of the board during a formal meeting.
The specialty section reviews the evidence and investigative findings without any appearance of the parties involved. In a majority vote, the specialty section of the board determines whether "reasonable evidence" exists to conclude that a violation has occurred. If they do not uncover compelling evidence, the case may be dismissed. However, if they determine that the electrician violated state laws or regulations, they issue a Notice of Opportunity for Hearing to the electrician (NOH).
NOHs serve as an official document informing the accused of their right to contest the findings and present a defense before the board. It provides the time, date, and place for the hearing, occurring within 15 days but no earlier than seven days after receipt of the NOH. Moreover, it includes the rights afforded to both parties—such as the opportunity for legal representation.
OCILB may enforce several disciplinary measures against an electrician found in violation, including:
- Fines: Monetary penalties that can vary based on the severity of the violation.
- Additional continuing education: Mandates that the electrician completes extra educational courses to address deficiencies in knowledge or practice.
- License suspension: Temporarily prohibits the electrician from practicing, typically for one year.
- License revocation: Permanently removes the electrician's license, ending their ability to legally operate within the state.
Licensees can seek judicial review following OCILB's final decision. Individuals must appeal with the Court of Common Pleas in the county where the electrician resides or conducts business. The court reviews OCILB's record of the hearing to determine whether the decision was supported by substantial evidence and adhered to Ohio statutes.
Consumer Complaint Resolutions
The OAG Consumer Protection Section uses dispute resolution techniques to manage complaints if allegations involve a misrepresentation of a license, fraudulent permits, or other violations of consumer protection laws, which also breach licensing regulations.
Specialists from the Protection Section act as intermediaries between parties (licensed electricians and residential consumers), facilitating communication to reach a mutually acceptable resolution, which could involve a myriad of provisions, such as:
- Negotiating refunds
- Service alterations
- Correcting violations
- Restitution or fines
Licensees must sign an official order, making it an enforceable decree. If mediation fails or if there is evidence of significant legal violations—such as those that could lead to license suspension or revocation—the OAG may pursue formal legal action.
Discipline From Municipal Authorities
When municipal authorities have jurisdiction over complaints or violations, it invokes an investigation from the local building department or sometimes zoning or code compliance commissions. Local departments conduct a preliminary assessment to determine the company's validity and whether it falls within their jurisdiction or should be passed onto the OAG or OCILB.
If the complaint falls within their jurisdiction, a certified electrical inspector is assigned to probe the allegations, typically with an on-site inspection and an interview with the parties involved, if necessary. Should the investigation reveal violations or issues related to substandard workmanship, the locality can discipline the licensee or associated business.
Although an Ohio town or city does not have the authority to suspend or revoke an electrical contractor's license, they can bar them from the permitting process. It can also impose fines and orders to correct the work. Yet, licensees have the opportunity to appeal to a municipal board, such as the Board of Adjustment in Lima, Ohio, which hears and decides appeals stemming from decisions made by the city's Zoning Administrator.
Consequences of License Discipline
No matter what local or state governing body levies discipline, it will significantly impact the ability to work as an electrician in Ohio. Disciplinary records are public, which can damage their professional—and even personal—reputation, deterring potential clients and discouraging employers from hiring.
Beyond licensure implications, a suspension or revocation can lead to contractual breaches. When barred from the local permitting process, electricians can be forced to transfer work to other businesses, putting employees out of their jobs. The loss of a license means electricians also cannot work in any state with reciprocity, such as:
- Kentucky
- Louisiana
- North Carolina
- South Carolina
- Tennessee
- West Virginia
Critically, even if a complaint or violation is adjudicated by the OAG or a municipal department, it will invoke license discipline from OCILB. Therefore, it's imperative that before allegations arise, electricians know where they should turn for assistance to maintain their credentials and ability to work.
Defend Your Ohio Electrician License with the Lento Law Firm
Holding a journeyman electrical, master electrician, or electrical contractor license signifies more than just professional qualifications. Credentials represent competency, public trust, and adherence to strict safety and consumer protection standards. Nevertheless, it takes one complaint or allegation to put an electrician's entire career at risk.
Whether a complaint originates from a customer or a state or local agency, it is crucial to address the issue urgently to prevent potential damage to your professional reputation and ability to work. Take your first step towards the best outcome with the Lento Law Firm Professional License Defense Team.
Navigating OCILB investigations, code compliance disputes, or local disciplinary proceedings requires strong legal representation. Our skilled license defense team evaluates the allegations made against you, analyzes Ohio laws and OCILB regulations, and develops a strategic response. Whether the case requires representation before the OCILB, local building departments, the OAG, or an appeal to the Court of Common Pleas, we provide peace of mind with our relentless approach toward license defense. Take full advantage of every opportunity to protect your ability to work in Akron, Columbus, Cleveland, Cincinnati, Canton, Toledo, and elsewhere in Ohio. 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.
