Electricians are essential in building and installing systems in homes and businesses, maintaining public utility grids, and repairing connections to power sources. With years of hands-on experience working under industry professionals, gaining a license to conduct electrical work in Oregon opens up a long and lucrative career for many. However, a single violation or consumer complaint can put the ability to work at risk.
Licensees may encounter disciplinary proceedings due to a variety of alleged infractions, including working beyond the scope of their license, employing unlicensed personnel, performing substandard or unsafe installations, or failing to adhere to electrical codes, among others. Oregon state authorities possess substantial authority to manage allegations, meaning even the most minor violation can be met with intrusive investigations. Authorities have a relatively low burden of proof to establish when substantiating infractions, becoming grounds for the following sanctions for electricians:
- Cease-and-desist orders that halt electrical installations, maintenance, or repair work
- Fines that place significant financial burdens on businesses and individuals
- License conditions and restrictions that damage a professional reputation
- License suspension or revocation that ends the ability to work as an electrician
Oregon electricians can find themselves navigating complex processes, including formal hearings before administrative law judges and negotiating settlement agreements, all while attempting to preserve their careers. When allegations arise—whether due to complaints, safety violations, or unethical conduct—licensees deserve a proactive and strategic approach to defense.
The Lento Law Firm Professional License Defense Team is prepared to help Oregon electricians respond to allegations and the disciplinary process. We understand how state agencies manage consumer complaints, regulatory infractions, and other work-related violations. Call us at 888-535-3686 now or fill out our confidential consultation form, and we will contact you.
Oregon's Electrical and Elevator Board
The Oregon Department of Consumer and Business Services (DCBS), through its Building Codes Division (BCD) and the Oregon Electrical and Elevator Board (EEB), plays a pivotal role in overseeing the licensing process, standards enforcement, and disciplinary procedures. The EEB licenses numerous types of individual professionals, from general supervising electricians and journeymen to sign installers and limited energy technicians.
Some electricians also carry one of six contractor licenses, giving the individual (or their business) permission to engage in the business of making electrical installations from electrified signage to renewable energy systems. Moreover, contractors may supervise the work of individual licensees, making them responsibility for the overall quality of work performed by teams.
The board also mandates that licensees add to their professional expertise not just with hands-on experience but through coursework. Most electricians, during each three-year license cycle, must have either 24, 16, 12, eight, four, or zero hours of continuing education, depending on the type of electrical licensure.
Electrician Professional Standards
The EEB provides guidance for Oregon rules and regulations involving electrical work, culminating in the state's electrical safety law. Yet, licensees are also beholden to the section of Oregon's occupations and professions law that provides administration over electricians.
Although it is not an exhaustive list, the following can trigger an investigation:
- Performing electrical work in a manner inconsistent with the intent and purposes of electrical safety law
- Failing to file for required permits and inspections
- Dishonest or fraudulent practices
- Transferring an electrical permit to a professional not named on the permit
- Failure to correct defects in electrical installations within 20 days
Criminal activity can also be grounds for license suspension or revocation. However, the EEB may not consider disciplinary action solely because the licensee (or applicant) has been convicted of a crime. Instead, it may consider the relationship of the facts supporting the conviction and all intervening circumstances to the specific occupational or professional standards in determining the person's fitness to receive or hold the license.
Oregon law explains further to note that "there is a rebuttable presumption as to each individual applicant or licensee that an existing or prior conviction for conduct that has been classified or reclassified as a Class E violation does not make an applicant for an occupational or professional license or a licensee with an occupational or professional license unfit to receive or hold the license." Nevertheless, allegations normally begin through the state's complaint process.
Filing Complaints and Initial Review
Any individual can file a complaint or report an alleged violation concerning a licensed electrician in Oregon. To initiate the process, complainants must complete and submit a signed complaint form, providing detailed information about the alleged violation, including the names of the individuals or businesses involved and any supporting documentation like contracts or receipts.
Depending on the types of allegations named in the complaint, the Construction Contractors Board may work with BCD during the investigation. Some more common reasons for filing can include the following:
- Performing work without the required licenses or permits
- Allowing unlicensed individuals to perform electrical work
- Performing work that results in unsafe building conditions
- Knowingly using deficient materials or equipment
Once a complaint is received, BCD's enforcement team reviews the submission to determine if further investigation is warranted. If the complaint falls within the division's jurisdiction and presents sufficient evidence, an investigator may be assigned to the case. The investigation process typically spans approximately 90 days, though this duration can vary based on the complexity of the case and the nature of the alleged violations.
Investigation and Enforcement Actions
During the investigation, BCD personnel gather relevant information, which may include conducting interviews, reviewing documentation, and inspecting the site of the alleged violation. Licensees (respondents) are informed of the process through an official communication from the board, which includes a request for a response.
Critically, BCD divides its enforcement obligations over five regions throughout the state as follows:
- Region 1: Benton, Clatsop, Columbia, Lincoln, Linn, Marion, Polk, Tillamook, and Yamhill counties
- Region 2: Coos, Curry, Douglas, Jackson, Josephine, and Lane counties
- Region 3: Clackamas, Gilliam, Jefferson, Hood River, Sherman, Wasco, and Wheeler counties
- Region 4: Baker, Crook, Deschutes, Grant, Hamey, Klamath, Lake, Malheur, Morrow, Umatilla, Union, and Wallowa counties
- Region 5: Washington and Multnomah counties
While the 15-member EEB does not conduct a hearing on the matter, it acts in an advisory role, providing guidance on disciplinary matters. If the investigation confirms a violation, the BCD may impose enforcement actions. The severity of the penalties depends on factors such as the nature of the violation and the electrician's disciplinary history.
BCD will likely schedule a settlement conference with the respondent. The meeting gives the respondent a chance to voluntarily accept enforcement actions. While some may think that willingly admitting responsibility for alleged violations and agreeing to punishment may lead to less severe sanctions, think again. An informal agreement gives state agencies the authority to impose enforcement actions without respondents mounting a challenge.
Electricians are informed of the sanctions through a notice of proposed action in the mail. Not only will it outline the investigation findings and punitive measures, but it will also inform individuals of the right to appeal enforcement decisions. Appeals are typically reviewed by the EEB, which evaluates the case based on the alleged conduct's relationship to the profession and fairness of discipline, then renders a decision. If the electrician disagrees with the board's conclusion, they may seek recourse through a contested case hearing.
Contested Case Hearings
The Oregon Office of Administrative Hearings hosts contested case hearings involving licensees from all professions throughout the state. Importantly, parties may elect to be represented by counsel during contested case hearings to assist in responding to procedural requests and presenting evidence and arguments to the presiding officer.
Before proceedings begin, the presiding officer will likely schedule a pre-hearing conference where both parties will meet. The effort is aimed at both sides coming to an informal disposition through one of the following:
- Stipulation agreements
- Agreed settlements
- Consent orders or defaults
If a settlement is reached, the presiding officer will review the matter and file it with state authorities. However, an order that incorporates the informal disposition is a final order in a contested case and is not subject to judicial review. Yet, parties may petition to set aside a final order that incorporates the informal disposition on the ground that the informal disposition was obtained by fraud or duress.
Contested case hearings are conducted similarly to court trials but with fewer formalities. The procedural procession is left up to the presiding officer, such as who makes their opening or closing statements first, and the admissibility of evidence and testimony. Determinations will affirm BCD's decision, reverse it, and modify sanctions, or remand the matter back for further review.
Sanctions for Oregon Electricians
Enforcement actions depend on a myriad of factors. In determining penalties, the EEB can base its advisory decision on aggravating and mitigating factors, including but not limited to risk to the public and the respondent's cooperation during the grievance process. It may sign off on placing licensees under certain limited conditions. For instance, a general supervising electrician may lose their ability to manage a team of journeymen or apprentices for a period of time. On the other hand, a sign installer may have limited access to the permitting process.
BCD's enforcement actions commonly include penalties from the state's penalty matrix. It categorizes violations into several types, each with escalating penalties for repeated offenses. For example, permit violations start with a penalty of $1,000 for the first offense, increasing to $2,000 for the second, and $3,000 for the third. Unlicensed activities, such as performing electrical work without the necessary credentials, carry penalties starting at $2,000 and can escalate to $5,000 for subsequent violations. Infractions involving unsafe installations or health and safety hazards begin with a $3,000 penalty, increasing to $5,000 for repeated offenses.
The penalty matrix also allows for a portion of the penalty to be stayed, meaning it's not immediately due at the discretion of BCD or the EEB. The stay is contingent upon the individual's compliance with specific conditions, such as correcting the violation, completing mandatory continuing education, or refraining from further violations. Failure can result in the unpaid amount becoming due immediately.
Nothing prohibits BCD from imposing fines from the penalty matrix with more serious sanctions like suspension or revocation. License suspensions exclude an electrician from being able to conduct work in Oregon and states with license reciprocity for six months to five years. Revocation means electricians are forbidden from the profession indefinitely in Oregon, losing the ability to apply for permits, work under supervising electricians, and perform any non-exempted electrical work.
Defend Your Oregon Electrician License with the Lento Law Firm
For Oregon's electricians, a license represents more than simply the technical knowledge needed for the occupation. It shows the state's consumers and local clients that they are trusted members of the public with dedication to the highest safety standards. Therefore, when agencies under DCBS seek disciplinary action, it can do irreparable damage to one's personal and professional reputation.
The Lento Law Firm understands that every allegation deserves legal assistance to protect the ability to work and maintain an income and career goals. Whether complaints or violations originate from allegations of fraudulent practices, safety concerns, or building code violations, it demands attention from us.
Our Professional License Defense Team uses its extensive experience working with the grievance processes Oregon's state agencies use to give electricians the ability to:
- Respond quickly to allegations and remain aligned with business contracts and work schedules
- Retain all evidence through our comprehensive investigations into every alleged violation
- Represent your side of the case before the presiding officer in contested case hearings
- Seek judicial review pending enforcement action outcomes from BCD or the board.
Before allegations arise, it's imperative to know where to turn when consumer complaints or notices from the EBB threaten a lucrative career and a professional future. We will ensure a timely response to all opportunities to build a robust defense strategy. Our team stands prepared to help you remain a licensed electrician working in Portland, Salem, Medford, Eugene, Bend, Corvallis, Astoria, Klamath Falls, and elsewhere throughout the state. 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.
