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COURSE 2013-2014 UPDATE
ADMINISTRATIVE ACTIONS FOR NON-COMPLIANCE
Occupations Code 1305.251 Grounds for Denial or Disciplinary Action
1305.301 Administrative Penalty
1305.302 Cease and Desist Order; Injunctive; civil Penalty
1305.303 Criminal Penalty
SUBCHAPTER F. LICENSE DENIAL AND DISCIPLINARY ACTIONS
Sec. 1305.251. Grounds for Denial or Disciplinary Action. A person is subject to denial of a license
application or disciplinary action under Section 51.353 if the person violates:
(1) this chapter or a rule adopted under this chapter; or
(2) a rule or order of the executive director or commission.
SUBCHAPTER G. ENFORCEMENT Sec. 1305.301. Administrative Penalty. (a) The executive director
may impose an administrative penalty on a person under Subchapter F, Chapter 51, regardless of whether the
person holds a license under this chapter, if the person violates:
(1) this chapter or a rule adopted under this chapter; or
(2) a rule or order of the executive director or commission.
(b) An administrative penalty may not be imposed unless the person charged with a violation is provided the
opportunity for a hearing.
Sec. 1305.302. Cease and Desist Order; Injunction; Civil Penalty. (a) The executive director may issue a
cease and desist order as necessary to enforce this chapter if the executive director determines that the action is
necessary to prevent a violation of this chapter and to protect public health and safety.
(b) The attorney general or executive director may institute an action for an injunction or a civil penalty under
this chapter as provided by Section 51.352.
Sec. 1305.303. Criminal Penalty.
(a) A person subject to this chapter commits an offense if the person:
(1) violates the licensing requirements of this chapter;
(2) performs electrical work without a license to perform electrical work in this state;
(3) employs an individual who does not hold the appropriate license required by this chapter; or
(4) falsifies a certification of on-the-job training.
(b) An offense under this section is a Class C misdemeanor.
Title 8 SUBCHAPTER A. GENERAL PROVISIONS
Sec. 51.001. Definitions. In this chapter:
(1) "Commission" means the Texas Commission of Licensing and Regulation.
(2) "Department" means the Texas Department of Licensing and Regulation.
(3) "License" means a license, certificate, registration, title, or permit issued by the department.
(4) "License holder" means a person who holds a license issued by the department.
(5) "Respondent" means a person, regardless of whether the person is a license holder, who is charged with
violating a law establishing a regulatory program administered by the department or a rule adopted or order
issued by the commission or executive director.
(6) "Sanction" means an action by the executive director against a license holder or another person, including
the denial, suspension, or revocation of a license, the reprimand of a license holder, or the placement of a
license holder, or the placement of a license holder on probation.
SUBCHAPTER C. EXECUTIVE DIRECTOR AND OTHER DEPARTMENT PERSONNEL
Sec. 51.101. Executive Director.
The commission shall appoint the executive director of the department. The executive director serves at the will
of the commission.
Sec. 51.103. Executive Director Powers and Duties.
(a) The executive director shall:
(1) perform any duties assigned by the commission and other duties specified by law;
(2) administer and enforce the department's programs; and
(3) issue licenses authorized by the laws establishing programs regulated by the department.
(b) The executive director may delegate any power or duty assigned to the executive director unless prohibited
by statute or rule.
(c) The executive director may:
(1) impose sanctions and issue orders relating to a sanction as provided by Section 51.353; and
(2) assess an administrative penalty or issue an order relating to an administrative penalty as
authorized by a law establishing a program regulated by the department or as provided by
Sections 51.301 and 51.302.
IF YOU VIOLATE LAW OR RULES TDLR HAS THE
AUTHORITY TO IMPOSE PENALTIES AND SANCTIONS
ACCORDING TO THE MATRIX THAT FOLLOWS
73.90. Sanctions--Administrative Sanctions/Penalties.
If a person or entity violates any provision of Title 8, Texas Occupations Code, Chapter 1305,
any provision of Title 16, Texas Administrative Code, Chapter 73, or any provision of an order
of the executive director or commission, proceedings may be instituted to impose administrative
penalties, administrative sanctions, or both administrative penalties and sanctions in accordance
with the provisions of Title 8, Texas Occupations Code, Chapters 51 and 1305.
73.91. Enforcement Authority.
The enforcement authority granted under Texas Occupations Code, Chapters 51 and 1305 and
any associated rules may be used to enforce Texas Occupations Code, Chapter 1305 and this
chapter.
THERE ARE 4 CLASSES OF VIOLATIONS PENDING
WHICH TEXAS LAW OR TDLR RULE WAS VIOLATED
ELECTRICAL SAFETY PENALTIES AND SANCTIONS
NOTE:
MOST VIOLATIONS ARE STATED BASED ON
GENERAL LAW AND TDLR PUBLISHED RULES
Occupations Code, Chapter 1305 &
Class A:
1st Violation, Reprimand to $1,000
16 Texas Administration Code, Chapter 73
2nd Violation, $500 to $2,000
3rd Violation, $1,000 to $4,000 per day not corrected and/or 6-month probated suspension to 1year full suspension
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Failed to display business name and contractor license number on each company
vehicle - 1305.166(a), 73.51(a), 73.52(a)
Failed to display license number and business name in characters at least two
inches high and in color that contrasts with background - 1305.166(b)(1), 73.51(a),
73.52(a)
Failed to permanently affix license number and business name in conspicuous
place on both sides of company vehicle - 1305.166(b)(2)
Failed to include name, address, phone number and license number of contractor
on all proposals, invoices, and written contracts - 73.51(c), 73.52(c)
Failed to include Department information on invoices and written contracts 73.51(c), 73.52(c)
Class B:
1st Violation, $500 to $3,000 and/or up to 6-month probated suspension
2nd Violation, $1,500 to $5,000 plus 1-year probated suspension to 1-year full suspension
3rd Violation, $3,000 to $5,000 per day not corrected plus 1-year full suspension to revocation
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Performing or offering to perform electrical work without a license - 1305.151,
73.22(b), 73.23(d)
Using a license number not assigned to the company by the Department - 73.22(d)
Using a license belonging to another person - 73.22(h)
Licensee allowing another person to use his license - 73.22(h)
Failed to maintain the minimum general liability insurance - 73.40(a), 73.40(e)
Failed to provide a certificate of insurance to the Department upon request 73.40(b)
Failed to provide name of insurance carrier to a customer upon request - 73.40(d)
Contractor allowing an unlicensed person to perform non-exempt electrical work 73.51(b), 73.52(b)
Failed to provide all electrical work through a licensed contractor - 73.70(a)
Engaged in advertising that did not clearly display the licensee’s license number 73.70(g)
Class C:
1st Violation, $1000 to $5,000 and/or 1-year probated suspension up to revocation
2nd Violation, $2000 to $5,000 plus 1-year probated suspension to revocation
3rd Violation, $3,500 to $5,000 per day not corrected plus revocation
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Within a municipality, performed electrical work that was not in compliance with
all applicable local ordinances - 1305.201(d), 73.53, 73.60(a)
In an unincorporated area of the state, performed non-exempt electrical work that
was not in compliance with the National Electrical Code adopted by the
Department - 1305.201(e), 73.53, 73.60(a), 73.100
Altering a license - 73.22(d)
Performed electrical work and failed to comply with all applicable codes 73.51(b), 73.52(b), 73.53, 73.60(a)
Performed duties or work in a negligent or incompetent manner; failure to exercise
reasonable judgment and skill - 73.60(a), 73.60(d)(4)
Engaged in acts or practices that constitute dishonesty, misrepresentation, or fraud
- 73.60(b), 73.60(d)(3)
Engaged in acts or practices that constitute threats, coercion, or extortion - 73.60(b)
Engaged in acts intending to evade the Act, rules, or standards adopted by the
Commission - 73.60(d)(1)
Knowingly furnished inaccurate, deceitful, or misleading information to the
Department, a consumer, or other person - 73.60(d)(2)
Failed to accurately and truthfully represent to client or employer the licensee’s
qualifications to perform the services to be rendered - 73.70(b)
Performed or offered to perform services for which he was not qualified by
education or experience - 73.70(c)
Evaded responsibility to a client or employer - 73.70(d)
Agreed to perform services when significant financial or other interests were in
conflict with obligation to render faithful discharge of services - 73.70(e)(1)
Agreed to perform services when significant financial or other interests would
impair independent judgment in rendering services - 73.70(e)(2)
Failed to withdraw from employment when it became apparent that it was
impossible to faithfully discharge duty and services owed the client or employer 73.70(f)
Failed to give reasonable notice of necessity of withdrawing from employment or
services - 73.70(f)
Failed to inform the consumer of the facts that gave rise to the duty to withdraw 73.70(f)
Engaged in advertising that was false, misleading, or deceptive - 73.70(g)
Misrepresented the amount or extent of prior education or experience - 73.70(h)
Held self out as being engaged in partnership or association with a person when the
partnership or association did not exist - 73.70(i)
Class D:
1st Violation, Revocation
2nd Violation, Revocation
3rd Violation, Revocation
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Violated a previous order of Commission or Executive Director - 1305.251(2) and
51.353(a)
Obtaining a license by fraud or false representations - 73.20(f) and 60.63(b)
Falsification of information on an application - 73.22(c)
Cheating on an examination - 73.22(c)
Failed to pay the Department for a dishonored check - 60.82