Washington’s electricians play a vital role in the state’s construction industry, and the state government holds them to very high standards. The Washington Department of Labor and Industries enforces these standards through a licensing process that includes oversight of electricians’ competence, character, education, and work quality. The penalty for violating those standards includes fines, license suspension, or even license revocation.
Are you a licensed electrician in Washington being investigated by the Department of Labor and Industries? If the answer is yes, it’s to your benefit to take immediate steps to defend yourself. Losing your license means losing your livelihood and reputation. The good news is that you have due process rights, but they are worthless if you don’t enforce them. Call the LLF National Law Firm Professional License Defense Team at 888.535.3686 or contact us online.
Washington Department of Labor and Industries
Washington state law prohibits “any person, firm, partnership, corporation, or other entity to advertise, offer to do work, submit a bid, engage in, conduct, or carry on the business of installing or maintaining wires or equipment to convey electric current, or installing or maintaining equipment to be operated by electric current as it pertains to the electrical industry, without having an unrevoked, unsuspended, and unexpired electrical contractor license, issued by the department.”
The “Department,” in this case, is the Washington Department of Labor and Industries. This legislature established the department to exercise oversight and maintain consistent standards in the state’s vital professions. Part of this oversight authority allows the department to investigate and adjudicate allegations of malfeasance, negligence, or work being performed by unlicensed parties.
If a department investigation uncovers evidence that you violated its rules, it has the authority to issue punishments that include:
- Monetary fines
- Placing your license on probationary status
- Suspending your license
- Revoking your license permanently
Any disciplinary sanctions issued by the department will become a matter of public record. This means any potential employer or client can look up your name on the department’s database and discover that you’ve been subject to official sanctions. The stakes are even higher if you hold a master electrician’s license because your company’s entire operation could be shut down if the department suspends or revokes your license.
If you hold a journeyman’s license, sanctions on your license mean you can’t work in the field for whatever company or subcontractor hired you. You will also be barred from working in the field for another firm for as long as your license is suspended or revoked. In both cases, the public discipline will also expose you to increased insurance costs or render you uninsurable.
All these potential bad outcomes explain why putting our Professional License Defense Team on your case immediately after discovering you are subject to a complaint or investigation is important. The earlier we begin working on your case, the earlier we can begin formulating the most effective defense possible for the license you worked so hard to get.
How Do Department of Labor and Industries Investigations Begin?
The department’s broad oversight authority over licensed electricians means there are several different ways for an investigation to start. First, the department has inspection authority over any job sites where licensed electricians are working. If the inspector discovers evidence of negligence, unsafe practices, or electrical work being done by an unlicensed person, they may file a complaint with the department.
Other people who may file a complaint include:
- Current or former clients
- Current or former employees
- Other inspectors or government officials who observe what they believe to be violations
- People in or around job sites who believe they’ve witnessed a violation
- Local or municipal government employees (e.g., building inspectors, fire department inspectors)
The department or an authorized agent of the department may also file a complaint directly against you for violating any aspect of the National Electrician Code or Washington state law that covers electrical work or conditions of licensure.
Common Causes of Complaints
At its core, the department’s primary mission is to maintain the safety of any Washington state resident or visitor who uses electricity. That mission means any behavior that leads to or could lead to increased risk from using electricity may be grounds for investigation and sanction. Examples of these behaviors include, but are not limited to, the following:
- Negligence (e.g., performing electrical work of a quality that is significantly below department standard or non-compliant with local codes)
- Failure by a master electrician to adequately supervise their jobsite or journeyman electricians
- Knowingly employing unlicensed workers to perform tasks that require licenses
- Continuing to work in the field after your license has been suspended or revoked
- Working while under the influence of alcohol, drugs, or other controlled substances
- Willful use of substandard equipment or components that will pose a risk to the public
- Attempting to defraud or obstruct department or local inspectors in the conduct of their official duties
- Having an electrician license (or professional license) in another state sanctioned or suspended
These are all on-the-job related infractions, but they are not the only causes for investigation and sanction. The department expects all its electrical licensees to uphold high standards in their personal lives, which means your behavior off the job can still be cause for investigation and sanction. Examples of off-the-job behavior that could cost you your license include:
- Being convicted of a felony offense
- Convictions for DUI, drug possession, or other crimes that may be indicative of a substance abuse problem
- Failure to comply with a child support order
The E-Core Team
Some general contractors, and even some licensed electricians, seek to circumvent the state’s licensing and regulatory requirements by hiring unlicensed workers. This practice is usually motivated by a desire to cut costs, but using unlicensed electricians can negatively impact public safety. It also takes jobs away from properly licensed Washington electricians.
The department has established a special group known as E-CORE (Electrical Compliance, Outreach, Regulation, and Education) to combat these practices. Electricians or Washington residents who believe unlicensed electricians are violating the state code or employing unlicensed electricians can contact the E-CORE team or file a complaint in the department office closest to them.
How Investigations Work
The Washington Department of Labor and Industries is responsible for investigating possible violations of the state’s regulations for electricians. Anyone can file an investigation report and submit it with supporting evidence (e.g., photos or videos of the alleged infraction(s)) to E-Core or their local inspection office. The department is required to investigate these complaints once they have been filed.
The department will alert you by mail that there is a pending complaint and investigation into your activities if they believe the investigation report has enough evidence to show that a violation may have occurred. They will likely ask you to submit any paperwork you have about the job or incident that led to the complaint. Examples of this information may include, but not be limited to, the following:
- Original bids
- Materials invoices
- Updated, revised bids or change orders
- Names and licenses of all electricians working on the job site
- Name and license of master electrician supervising the job site
It’s important to understand that you must turn this information over to the department upon request. It is a legal requirement of your licensure. The department has the power to subpoena these records, and refusing to turn them over may constitute a separate violation. They may also ask you to explain (in writing) the events surrounding the complaint from your perspective.
When Should You Contact the LLF National Law Firm Professional License Defense Team?
We highly recommend contacting the LLF National Law Firm Professional License Defense Team immediately after discovering you’re being investigated. This is one of the first opportunities for our team to positively impact your case. Yes, you must turn over any records and paperwork the department requires. However, that doesn’t mean you should provide a written explanation without the assistance of counsel.
Remember, this is an investigation. That means the department can and will use any statements you make against you. If you inadvertently admit to another violation, the department could add that to the charges against you and issue additional sanctions. They could even close the original complaint and pursue another investigation based on your response.
The chances of that happening are a lot lower if you work with our Professional License Defense Team before making a written statement. The same thing is true about sitting down for an interview with a department investigator. They will be professional throughout the process, but make no mistake about the fact that they’re looking for possible license violations. We can prepare you to handle this process without exposing yourself to additional sanctions.
Why Handling Investigations Yourself Isn’t The Best Idea
Many licensed electricians are self-starters who relish the challenge of diving into a situation with both hands and fixing it themselves. That instinct may have served you well throughout your life, but it may backfire if you try to handle a department investigation on your own. You have to understand the department’s position in an investigation. They are a public safety agency with the power to investigate and reach conclusions that have the force of law.
The standard of guilt is not “beyond a reasonable doubt” the way it would be in a criminal trial. If the department believes you pose a potential danger to the public or the perception of licensed electricians, they won’t hesitate to suspend your license. Successfully navigating a department license investigation is a skill that our Criminal Defense Team has spent decades learning.
We have extensive experience working with the department and other licensing boards nationwide. Our Professional License Defense Team will protect your due process rights and present the strongest case possible in your favor. We have a long history of successfully defending licensees, and that’s what you want when your career is on the line.
There is another advantage to letting us handle your case. This is what we do every day, and we understand the ins and outs of license defense. If you handle your case yourself, you’ll be divided between doing electrical work and defending your license. However, you will only have experience in one of those fields. Putting our experience in license defense to work for you will allow you to keep doing what you do best.
Hearing and Appeals Process
The department will advise you by mail if they believe you have committed a violation. Minor violations will carry a fine ranging from $50 to $500. However, serious violations can result in your license being suspended or revoked. If the department believes you have committed a serious violation, it will notify you of its intent to suspend or revoke your license by registered mail.
This notice will spell out the violation(s) the department believes you committed. It will also allow you to request a hearing, where you will have the chance to respond to the charges and submit evidence on your behalf. Our Professional License Defense Team has extensive experience helping licensees prepare for hearings and win their cases.
We will do everything in our power to present the strongest case possible in defense of your license. It’s important to realize that we can still fight for you in the event of an adverse ruling. Our Professional License Defense Team can also file an appeal on your behalf. We will be there fighting for you through every step of the process.
Don’t Take Chances with Your Career
Getting your electrical license is the culmination of years’ worth of hard work. However, a department investigation and sanctions can ruin your career and leave you frozen out of this very noble profession. It doesn’t have to be that way. You have the right to fight for your license, and that starts with taking every department investigation seriously. The LLF National Law Firm Professional License Defense Team wants to help. Call us at 888-535-3686 or contact us online immediately.