HB 387: "An Act establishing a Board of Electrical Examiners and a Board of Mechanical Examiners."
00 HOUSE BILL NO. 387 01 "An Act establishing a Board of Electrical Examiners and a Board of Mechanical 02 Examiners." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.01.010 is amended by adding new paragraphs to read: 05 (39) Board of Electrical Examiners (AS 08.40.012); 06 (40) Board of Mechanical Examiners (AS 08.40.212). 07 * Sec. 2. AS 08.03.010(c) is amended by adding new paragraphs to read: 08 (23) Board of Electrical Examiners (AS 08.40.012) - June 30, 2014; 09 (24) Board of Mechanical Examiners (AS 08.40.212) - June 30, 2014. 10 * Sec. 3. AS 08.40 is amended by adding a new section to read: 11 Sec. 08.40.012. Board of Electrical Examiners. (a) The Board of Electrical 12 Examiners is created. The board is composed of five members appointed by the 13 governor and confirmed by the legislature. Two members shall be electrical 14 administrators licensed under this chapter, two members shall be journeymen holding
01 certificates of fitness issued by the Department of Labor and Workforce Development 02 under AS 18.62 in electrical wiring, and one member shall be a licensed electrical 03 administrator who has 10 years of professional experience as an electrical inspector 04 employed by the state under AS 18.60.580 - 18.60.660. 05 (b) The board shall hold at least one meeting each year. The board may hold 06 special meetings at the call of a majority of the members. A majority of board 07 members constitutes a quorum. If a quorum is present, a majority vote of those present 08 is sufficient to establish the decision of the board. 09 * Sec. 4. AS 08.40.045 is amended to read: 10 Sec. 08.40.045. Categories of licenses. The board [DEPARTMENT] may 11 adopt regulations establishing categories of electrical administrators, qualifications for 12 those categories, and the content of examinations for applicants for each category. 13 * Sec. 5. AS 08.40.050 is amended to read: 14 Sec. 08.40.050. Regulations. The board [DEPARTMENT] shall adopt 15 regulations subject to AS 44.62 (Administrative Procedure Act), relating to the 16 examination and licensing of electrical administrators and the establishing of the 17 continued competency of an applicant for license renewal and reinstatement. 18 * Sec. 6. AS 08.40.060 is amended to read: 19 Sec. 08.40.060. Examinations. A licensing examination shall be offered by 20 the board [DEPARTMENT] at least twice during each year at appropriate places in 21 the state. 22 * Sec. 7. AS 08.40.120(b) is amended to read: 23 (b) If an applicant for a license submits proof satisfactory to the board 24 [DEPARTMENT] that the applicant is licensed as an electrical administrator or the 25 equivalent by another state or territory, that the applicant meets qualifications 26 established by the board [DEPARTMENT] under AS 08.40.045, and that the 27 applicant has passed an examination equivalent to the test administered under (a) of 28 this section, the board [DEPARTMENT] shall waive all of the examination required 29 under (a) of this section. 30 * Sec. 8. AS 08.40.170(a) is amended to read: 31 (a) The board [DEPARTMENT] may take the disciplinary actions set out in
01 (d) of this section upon a finding that 02 (1) the license application is fraudulent or misleading; 03 (2) the licensee has knowingly violated AS 08.40.005 - 08.40.200, the 04 minimum electrical standards established under AS 18.60.580 - 18.60.590, or a lawful 05 order or regulation of the board [DEPARTMENT]; 06 (3) the licensee is incompetent, or has engaged in fraudulent practices. 07 * Sec. 9. AS 08.40.170(d) is amended to read: 08 (d) The board [DEPARTMENT] may take the following disciplinary actions 09 under (a) of this section, singly or in combination: 10 (1) refuse to issue a license; 11 (2) permanently revoke a license; 12 (3) suspend a license for a specified period; 13 (4) censure or reprimand a licensee; 14 (5) impose limitations or conditions on the professional practice of a 15 licensee; 16 (6) require a licensee to submit to peer review; 17 (7) impose requirements for remedial professional education to correct 18 deficiencies in the education, training, and skill of the licensee; 19 (8) impose probation requiring a licensee to report regularly to the 20 department on matters related to the grounds for probation. 21 * Sec. 10. AS 08.40.170(e) is amended to read: 22 (e) The board [DEPARTMENT] may withdraw probationary status if the 23 deficiencies that required the sanction are remedied. 24 * Sec. 11. AS 08.40.170(f) is amended to read: 25 (f) The board [DEPARTMENT] may summarily suspend a license before a 26 final hearing is held or during an appeal if the board [DEPARTMENT] finds that the 27 licensee poses a clear and immediate danger to the public health and safety. A person 28 is entitled to a hearing conducted by the office of administrative hearings 29 (AS 44.64.010) to appeal the summary suspension within seven days after the order of 30 suspension is issued. A person may appeal an adverse decision of the department on 31 an appeal of a summary suspension to a court of competent jurisdiction.
01 * Sec. 12. AS 08.40.170(g) is amended to read: 02 (g) The board [DEPARTMENT] may reinstate a suspended or revoked 03 license if, after a hearing, the board [DEPARTMENT] finds that the licensee is able 04 to practice the profession with skill and safety. 05 * Sec. 13. AS 08.40.170(h) is amended to read: 06 (h) The department may accept the voluntary surrender of a license. A license 07 may not be returned to the person who surrendered the license unless the board 08 [DEPARTMENT] determines that the person is competent to resume practice and the 09 person pays the appropriate renewal fee. 10 * Sec. 14. AS 08.40.170(i) is amended to read: 11 (i) The board [DEPARTMENT] shall seek consistency in the application of 12 disciplinary sanctions. The board [DEPARTMENT] shall explain a significant 13 departure from prior decisions involving similar facts in the order imposing the 14 sanction. 15 * Sec. 15. AS 08.40.180 is amended to read: 16 Sec. 08.40.180. Violation of AS 08.40.005 - 08.40.200. A person who 17 knowingly violates AS 08.40.005 - 08.40.200, or who knowingly violates a valid 18 regulation or order of the board [DEPARTMENT] or a minimum electrical standard 19 established under AS 18.60.580 - 18.60.590 that was in effect at the time that the 20 installation or repair was made, is guilty of a misdemeanor, and upon conviction is 21 punishable by a fine of not more than $5,000. 22 * Sec. 16. AS 08.40.200 is amended by adding a new paragraph to read: 23 (6) "board" means the Board of Electrical Examiners. 24 * Sec. 17. AS 08.40 is amended by adding a new section to read: 25 Sec. 08.40.212. Board of Mechanical Examiners. (a) The Board of 26 Mechanical Examiners is created. The board is composed of five members appointed 27 by the governor and confirmed by the legislature. Two members shall be mechanical 28 administrators licensed under this chapter, two members shall be journeymen holding 29 certificates of fitness issued by the Department of Labor and Workforce Development 30 under AS 18.62 in plumbing, and one member shall be a licensed mechanical 31 administrator who has 10 years of professional experience working as a mechanical
01 inspector employed by the state under AS 18.60.230 and 18.60.235. 02 (b) The board shall hold at least one meeting each year. The board may hold 03 special meetings at the call of a majority of the members. A majority of board 04 members constitutes a quorum. If a quorum is present, a majority vote of those present 05 is sufficient to establish the decision of the board. 06 * Sec. 18. AS 08.40.230 is amended to read: 07 Sec. 08.40.230. Categories of licenses. The board [DEPARTMENT] may 08 adopt regulations establishing categories of mechanical administrators, qualifications 09 for those categories, and the content of examinations for applicants for each category. 10 * Sec. 19. AS 08.40.240 is amended to read: 11 Sec. 08.40.240. Regulations. The board [DEPARTMENT] shall adopt 12 regulations under AS 44.62 (Administrative Procedure Act) relating to the 13 examination and licensing of mechanical administrators and the establishing of the 14 continued competency of licensees for license renewal and reinstatement. 15 * Sec. 20. AS 08.40.250 is amended to read: 16 Sec. 08.40.250. Examinations. The board [DEPARTMENT] shall conduct 17 licensing examinations at least twice each year at appropriate places in the state. 18 * Sec. 21. AS 08.40.270(b) is amended to read: 19 (b) If an applicant for a license submits proof satisfactory to the board 20 [DEPARTMENT] that the applicant is licensed as a mechanical administrator or the 21 equivalent by another state or territory, meets qualifications established by the board 22 [DEPARTMENT] under AS 08.40.230, and has passed an examination equivalent to 23 the test administered under (a) of this section, the board [DEPARTMENT] shall 24 waive all of the examination required under (a) of this section. 25 * Sec. 22. AS 08.40.320(a) is amended to read: 26 (a) The board [DEPARTMENT] may take the disciplinary actions set out in 27 (d) of this section upon a finding that 28 (1) the license application is fraudulent or misleading; 29 (2) the licensee has knowingly violated AS 08.40.210 - 08.40.490, a 30 code listed in AS 08.40.490(3)(A), or an order or regulation of the board 31 [DEPARTMENT]; or
01 (3) the licensee is incompetent or has engaged in fraudulent practices. 02 * Sec. 23. AS 08.40.320(d) is amended to read: 03 (d) The board [DEPARTMENT] may take the following disciplinary actions 04 under (a) of this section, singly or in combination: 05 (1) refuse to issue a license; 06 (2) permanently revoke a license; 07 (3) suspend a license for a specified period; 08 (4) censure or reprimand a licensee; 09 (5) impose limitations or conditions on the professional practice of a 10 licensee; 11 (6) require a licensee to submit to peer review; 12 (7) impose requirements for remedial professional education to correct 13 deficiencies in the education, training, and skill of the licensee; 14 (8) impose probation requiring a licensee to report regularly to the 15 department on matters related to the grounds for probation. 16 * Sec. 24. AS 08.40.320(e) is amended to read: 17 (e) The board [DEPARTMENT] may withdraw probationary status if the 18 deficiencies that required the sanction are remedied. 19 * Sec. 25. AS 08.40.320(f) is amended to read: 20 (f) The board [DEPARTMENT] may summarily suspend a license before a 21 final hearing is held or during an appeal if the board [DEPARTMENT] finds that the 22 licensee poses a clear and immediate danger to the public health and safety. A person 23 is entitled to a hearing conducted by the office of administrative hearings 24 (AS 44.64.010) to appeal the summary suspension within seven days after the order of 25 suspension is issued. A person may appeal an adverse decision of the department on 26 an appeal of a summary suspension to a court of competent jurisdiction. 27 * Sec. 26. AS 08.40.320(g) is amended to read: 28 (g) The board [DEPARTMENT] may reinstate a suspended or revoked 29 license if, after a hearing, the board [DEPARTMENT] finds that the licensee is able 30 to practice the profession with skill and safety. 31 * Sec. 27. AS 08.40.320(h) is amended to read:
01 (h) The board [DEPARTMENT] may accept the voluntary surrender of a 02 license. A license may not be returned to the person who surrendered the license 03 unless the board [DEPARTMENT] determines that the person is competent to resume 04 practice and the person pays the appropriate renewal fee. 05 * Sec. 28. AS 08.40.320(i) is amended to read: 06 (i) The board [DEPARTMENT] shall seek consistency in the application of 07 disciplinary sanctions. The board [DEPARTMENT] shall explain a significant 08 departure from prior decisions involving similar facts in the order imposing the 09 sanction. 10 * Sec. 29. AS 08.40.380(a) is amended to read: 11 (a) A person who knowingly violates AS 08.40.210 - 08.40.490, or who 12 knowingly violates a regulation of the board, an [OR] order of the department, or a 13 code listed in AS 08.40.490(3)(A) that was in effect at the time that the installation or 14 repair was made, is guilty of a misdemeanor, and upon conviction is punishable by a 15 fine of not more than $5,000. 16 * Sec. 30. AS 08.40.490 is amended by adding a new paragraph to read: 17 (6) "board" means the Board of Mechanical Examiners. 18 * Sec. 31. AS 08.01.010(17) is repealed. 19 * Sec. 32. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 TRANSITION. (a) Notwithstanding AS 08.40, as amended by this Act, a license 22 issued under AS 08.40 before the effective date of this Act is valid for the period issued and, 23 on expiration, shall be subject to the renewal provisions of AS 08.40, as amended by this Act. 24 (b) Notwithstanding (a) of this section, the Department of Commerce, Community, 25 and Economic Development, without prior approval of the Board of Electrical Examiners or 26 the Board of Mechanical Examiners, may issue a license or renew a license on or after the 27 effective date of this section and before the effective date of the regulations initially adopted 28 by the 29 (1) Board of Electrical Examiners setting out procedures under which license 30 applications and renewals are submitted for board review and approval; or 31 (2) Board of Mechanical Examiners setting out procedures under which
01 license applications and renewals are submitted for board review and approval. 02 (c) Litigation, hearings, investigations, and other proceedings pending under a statute 03 amended by this Act, or in connection with functions transferred from the Department of 04 Commerce, Community, and Economic Development to the Board of Electrical Examiners or 05 the Board of Mechanical Examiners by this Act, continue in effect and may be continued and 06 completed notwithstanding a transfer or amendment provided for in this Act. 07 (d) Contracts, rights, liabilities, and obligations created by or under a law amended by 08 this Act and in effect on the effective date of this Act, remain in effect notwithstanding this 09 Act taking effect. Records, equipment, appropriations, and other property of the Department 10 of Commerce, Community, and Economic Development the functions of which are 11 transferred under this Act shall be transferred to implement the provisions of this Act. 12 * Sec. 33. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 TRANSITIONAL PROVISIONS APPLICABLE TO THE BOARD OF 15 ELECTRICAL EXAMINERS. Notwithstanding AS 08.01.035, the members of the Board of 16 Electrical Examiners appointed under sec. 3 of this Act shall be appointed to staggered terms 17 in the first year, as follows: 18 (A) one member shall be appointed to serve one year; 19 (B) two members shall be appointed to serve two years; and 20 (C) two members shall be appointed to serve three years. 21 * Sec. 34. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 TRANSITIONAL PROVISIONS APPLICABLE TO THE BOARD OF 24 MECHANICAL EXAMINERS. Notwithstanding AS 08.01.035, the members of the Board of 25 Mechanical Examiners appointed under sec. 17 of this Act shall be appointed to staggered 26 terms in the first year as follows: 27 (A) one member shall be appointed to serve one year; 28 (B) two members shall be appointed to serve two years; and 29 (C) two members shall be appointed to serve three years.