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24.141.101   BOARD ORGANIZATION
(1) The state electrical board hereby adopts and incorporates the organizational rules of the department of labor and industry as listed in chapter 1 of this title.
History: 37-68-201, MCA; IMP, 2-4-201, MCA; Eff. 12/31/72; AMD, Eff. 1/3/75; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 1755.

24.141.201   PROCEDURAL RULES
(1) The state electrical board hereby adopts and incorporates the procedural rules of the department of labor and industry as listed in chapter 2 of this title.
History: 37-68-201, MCA; IMP, 2-4-201, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 1755.

24.141.202   PUBLIC PARTICIPATION
(1) The state electrical board hereby adopts and incorporates by this reference the public participation rules of the department of commerce as listed in chapter 2 of ARM Title 8.
History: 37-68-201, MCA; IMP, 2-3-103, MCA; NEW, 1978 MAR p. 1184; Eff. 8/11/78; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Commerce, 2002 MAR p. 1755.

24.141.301   DEFINITIONS

(1) "Full-time employment" means employment wherein the Montana-licensed responsible electrician is available to procure, perform, administer, and supervise all electrical work being performed by the Montana-licensed electrical contractor.

(2) "Journeyman level experience" is defined in 37-68-102, MCA. While serving an apprenticeship, hours of experience are not considered journeyman level experience.

(3) "Legally obtained" means obtained in accordance with the laws and rules of the jurisdiction in which an applicant obtained the experience and within the statutes and rules of the Montana State Electrical Board.

(4) "Limited electrical contractor" means a Montana-licensed electrical contractor limited to residential construction consisting of less than five living units in a single structure.

(5) "Montana State Electrical Code" means those sections and amendments of the National Electrical Code adopted by the Department of Labor and Industry's Building Standards Program.

(6) "National Electric Code" (NEC) means the code promulgated by the National Fire Protection Association, as amended and revised, adopted by the Department of Labor and Industry's Building Standards Program, and enforced by the board to set standards for electrical practice.

(7) "Responsible electrician" means the Montana-licensed electrician engaged in a full-time capacity, who is responsible for all licensed electrical work performed by the electrical contractor.

(8) "Unlimited electrical contractor" means a Montana-licensed electrical contractor that is licensed to perform electrical work on commercial, residential, industrial, and institutional electrical installations as covered by the national electrical code.

 

History: 37-1-131, 37-68-201, MCA; IMP, 37-68-102, 37-68-201, 37-68-304, 37-68-305, 37-68-312, MCA; NEW, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2009 MAR p. 1665, Eff. 9/25/09; AMD, 2010 MAR p. 1081, Eff. 4/30/10.

24.141.401   BOARD MEETINGS

This rule has been repealed.

History: 37-68-201, MCA; IMP, 37-68-201, MCA; Eff. 12/31/72; AMD, Eff. 12/5/74; AMD, Eff. 12/4/76; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1996 MAR p. 3039, Eff. 11/22/96; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2005 MAR p. 2458, Eff. 12/9/05; REP, 2018 MAR p. 306, Eff. 2/10/18.

24.141.402   APPRENTICE REGISTRATION

This rule has been repealed.

History: 37-68-201, MCA; IMP, 37-68-303, MCA; NEW, Eff. 12/4/76; AMD, 1979 MAR p. 268, Eff. 3/16/79; AMD, 1980 MAR p. 2590, Eff. 9/12/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1997 MAR p. 34, Eff. 11/22/96; AMD, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2005 MAR p. 2458, Eff. 12/9/05; AMD, 2009 MAR p. 1665, Eff. 9/25/09; REP, 2018 MAR p. 306, Eff. 2/10/18.

24.141.403   LICENSEE RESPONSIBILITIES
(1) Licensed residential, journeyman or master electricians shall have their license on their person at all times when employed at the trade. A licensed residential, journeyman, master or apprentice electrician who does not have the required proof of licensure while working in the electrical field may be subject to the issuance of a licensing citation under 37-68-316 , MCA for failure to provide proof of licensure.

(2) Electrical contractors shall have their contractor's license posted at their place of business.

(3) A licensed residential electrician shall perform work only in the employment of a licensed electrical contractor. A licensed residential electrician shall perform work only on residential construction consisting of less than five living units in a single structure.

(4) A licensed journeyman or master electrician who is not the responsible electrician for a licensed electrical contractor, shall perform work only in the employment of a licensed electrical contractor.

(5) The responsible electrician of a licensed electrical contractor shall not allow any person to perform electrical work unless properly licensed or working with a valid temporary practice permit.

(6) The responsible electrician of a licensed electrical contractor is responsible for timely obtaining any permit or inspection required by the state of Montana or the state or local building code enforcement entity and is responsible for ensuring that the work performed meets the requirements of the state of Montana and the National Electrical Code.

(7) An electrical contractor, master, journeyman, or residential electrician may not allow their license to be used by another individual, firm, corporation or business for the purpose of obtaining electrical permits or for performing electrical work.

(8) An electrical contractor, master, journeyman, or residential electrician may not perform work outside of the scope of their license.

History: 37-1-131, 37-68-201, MCA; IMP, 37-1-308, 37-1-316, 37-1-317, 37-68-301, 37-68-315, MCA; NEW, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2005 MAR p. 1397, Eff. 7/29/05.

24.141.404   PIONEER ELECTRICIAN CERTIFICATE
(1) The purpose of a pioneer electrician certificate is to show appreciation for past services and support to the electrical industry.

(2) A pioneer electrician certificate is not a license and does not permit the holder of said certificate to act as a licensed electrical contractor, master, journeyman or residential electrician.

(3) Pioneer electrician certificates will be issued at the discretion of the State Electrical Board.

History: 37-1-131, 37-68-201, MCA; IMP, 37-68-201, MCA; NEW, 1994 MAR p. 951, Eff. 4/15/94; TRANS, from Commerce, 2002 MAR p. 1755.

24.141.405   FEE SCHEDULE

(1) Examination fees are set by the testing agency and vary by examination. Contact the board office for a current schedule of test section fees. Fees are to be paid directly to the testing agency upon the board's approval of an application.

(a) Examination review fee $100

(b) Examination administered by the board 200

(2) Application fee for a license by examination

(includes original license fee) 240

(3) Contractor - original license fee 300

(4) Renewal fee (two years)

(a) Contractor 300

(b) Master 200

(c) Journeyman 200

(d) Residential 200

(5) Application by endorsement or reciprocity

(includes original license fee) 250

(6) CE Provider application fee 25

(7) CE Provider course fee 10

(8) Apprentice registration fee 10

(9) Temporary permit 50

(10) Fees are nonrefundable.

(11) Additional standardized fees are specified in ARM 24.101.403.

History: 37-1-134, 37-68-201, MCA; IMP, 37-1-134, 37-1-141, 37-1-304, 37-1-305, 37-68-304, 37-68-310, 37-68-311, 37-68-312, 37-68-313, MCA; NEW, 1982 MAR p. 684, Eff. 4/16/82; AMD, 1982 MAR p. 2091, Eff. 11/25/82; AMD, 1985 MAR p. 1239, Eff. 8/30/85; AMD, 1988 MAR p. 567, Eff. 3/25/88; AMD, 1994 MAR p. 951, Eff. 4/15/94; AMD, 1996 MAR p. 3039, Eff. 11/22/96; AMD, 1999 MAR p. 1200, Eff. 6/4/99; AMD, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2005 MAR p. 325, Eff. 2/25/05; AMD, 2005 MAR p. 2458, Eff. 12/9/05; AMD, 2006 MAR p. 1278, Eff. 5/19/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2009 MAR p. 1665, Eff. 9/25/09; AMD, 2010 MAR p. 1081, Eff. 4/30/10; AMD, 2011 MAR p. 2398, Eff. 11/11/11; AMD, 2013 MAR p. 1524, Eff. 8/23/13.

24.141.408   FEE ABATEMENT
(1) The State Electrical Board adopts and incorporates by reference the fee abatement rule of the Department of Labor and Industry found at ARM 24.101.301.
History: 37-1-131, MCA; IMP, 17-2-302, 17-2-303, 37-1-134, MCA; NEW, 2006 MAR p. 1278, Eff. 5/19/06.

24.141.501   MASTER, JOURNEYMAN AND RESIDENTIAL ELECTRICIAN APPLICATIONS

(1) Applicants seeking a master electrician license who are graduate electrical engineers shall comply with the practical experience requirements of 37-68-304, MCA.

(2) Applicants seeking a master electrician license (other than graduate electrical engineers) shall comply with the journeyman level experience requirements as defined in 37-68-102, MCA.

(3) For all applicants seeking a master electrician license, the practical and journeyman level experience must be either commercial, residential, industrial, institutional, or a combination thereof. No less than 20 percent, but no more than 50 percent of the practical or journeyman level experience may be obtained by residential work.

(4) An applicant for a journeyman electrician license shall comply with the requirements of 37-68-305, MCA. For the journeyman license, a maximum of 50 percent of the practical experience may be residential in nature. The balance must be either commercial, industrial, institutional, or a combination thereof.

(5) An applicant for a residential electrician license shall comply with the requirements of 37-68-305, MCA.

(6) An applicant shall have one year from the date of board approval to take the examination for which the application was approved. If the examination is not taken within that one year period, the applicant will be required to submit a new application, with written verification and pay the applicable fees.

(7) Applications that require board review must be filed 15 days prior to the next scheduled board meeting. All applications shall be approved, tabled, or denied on a case-by-case basis as the board may deem proper.

 

History: 37-1-131, 37-68-201, MCA; IMP, 37-1-131, 37-68-302, 37-68-304, 37-68-305, MCA; Eff. 12/31/72; AMD, 1980 MAR p. 2830, Eff. 10/17/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 101, Eff. 1/29/82; AMD, 1988 MAR p. 567, Eff. 3/25/88; AMD, 1994 MAR p. 951, Eff. 4/15/94; AMD, 1996 MAR p. 3039, Eff. 11/22/96; AMD, 1998 MAR p. 455, Eff. 2/13/98; AMD, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2009 MAR p. 1665, Eff. 9/25/09.

24.141.502   TEMPORARY PRACTICE PERMIT

(1) A temporary practice permit may be issued to an applicant upon completion of an application, submission of verification of experience, payment of the appropriate fees, and approval by the board or designated board representative. An applicant for a master electrician license may be issued a journeyman temporary practice permit.

(2) An active temporary practice permit allows an applicant to perform work while employed by a licensed electrical contractor.

(3) A temporary practice permit issued to an applicant for an electrician license shall expire 60 days from the date of issuance or upon receipt of licensure examination results.

(4) A temporary practice permit does not allow an individual to act as a responsible electrician for a licensed electrical contractor.

(5) Applicants who fail an exam with a score of 69 percent or less are not eligible for a temporary practice permit.

(6) Subsequent temporary practice permits may be issued at the discretion of the board.

History: 37-1-319, 37-68-201, MCA; IMP, 37-1-305, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1994 MAR p. 951, Eff. 4/15/94; AMD, 1996 MAR p. 3039, Eff. 11/22/96; AMD, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2005 MAR p. 2458, Eff. 12/9/05; AMD, 2009 MAR p. 1665, Eff. 9/25/09.

24.141.503   EXAMINATIONS

(1) The examination for the residential, journeyman's or master's license may be administered and graded by a third party. The examination passing grade for all examinations is 75 percent.

(2) An applicant who fails any examination for which the application was made, may, upon the payment of the appropriate fee, take the next scheduled examination. However, if the applicant fails the exam a second time, the applicant may not take the test again within a six-month period, and in addition, must provide proof of having attended at least one eight-hour electrical code seminar approved by the board, since the initial failure to pass.

(3) In the event an applicant fails to pass any examination three or more times, the applicant must:

(a) wait at least one year from the last failed exam before taking the exam again;

(b) make reapplication to the board; and

(c) provide proof of having attended at least two eight-hour electrical code seminars approved by the board.

(4) An applicant who fails the master or journeyman examination two or more times may apply for and take a lower level licensing examination without obtaining the supplementary education and study hours as set forth in (2) and (3) of this rule.

(5) An applicant who fails to take an examination within 18 months from the date of the last examination that was failed will be required to submit a new application, provide written verification, and pay the applicable fees. Upon receipt of a new application, the board will require the applicant to submit the documentation required in (2) or (3) depending on the number of times the applicant has failed the examination.

(6) All examinations are open book. Applicants may only use:

(a) an NEC code book applicable to the examination being given (tabs or indexes may be used in the book);

(b) a silent, nonprinting, nonprogrammable calculator that is not designed for preprogrammed electrical calculations; and

(c) copies of the Montana statutes and rules relating to electricians.

(7) An applicant for an examination who, due to a specific physical, mental, or sensory impairment, requires special accommodation in examination procedures, must submit a written request to the board office for the specific accommodation needed, at least 15 days prior to the scheduled exam.

(8) Any applicant who takes an examination and does not pass the examination may request a review of the examination.

(a) The board will not modify examination results unless the applicant presents clear and convincing evidence of error in the grading of the examination.

(b) The board will not consider any challenge to examination grading unless the total of the potentially revised score would result in a passing score.

(9) A request for rescoring of an application must be made in writing to the board office and received within 20 days of the date of the examination and must request a rescore of the examination.

(a) The candidate will be allowed two hours to review the examination and must identify the challenged examination questions and state specifically why the results should be modified, pursuant to the NEC and/or Montana statutes and rules supporting the applicant's position.

(b) The board will review the examination and the applicant's justification at the next regularly scheduled board meeting and notify the applicant in writing of the board's decision.

(10) Any applicant determined by the board to be cheating on an examination or using inappropriate material/equipment during an examination will fail and be required to wait at least one year before reapplying for licensure and before being allowed to reexamine. All such reexaminations will be scheduled and administered by the board in Helena, Montana.

History: 37-1-131, 37-68-201, MCA; IMP, 37-1-131, 37-68-304, 37-68-305, MCA; NEW, 1988 MAR p. 567, Eff. 3/25/88; AMD, 1994 MAR p. 951, Eff. 4/15/94; AMD, 1996 MAR p. 3039, Eff. 11/22/96; AMD, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2005 MAR p. 2458, Eff. 12/9/05; AMD, 2009 MAR p. 1665, Eff. 9/25/09.

24.141.504   LICENSURE BY RECIPROCITY OR ENDORSEMENT

(1) The board may, on a case-by-case basis, enter into a reciprocity agreement with another state or jurisdiction whose requirements are substantially equivalent or greater than the standards of this state for purposes of issuing a residential or journeyman electrician license.

(2) The board may issue a license by endorsement to an applicant provided that the applicant:

(a) files a completed application with the required fees;

(b) holds a current, valid and unrestricted license to practice in the category applied for in another state or jurisdiction;

(c) supplies a copy of the laws and rules in effect at the time of application to this state which shows that the standards in that state are equivalent to or greater than the standards in effect in this state; and

(d) provides official written verification directly from the other state(s) or jurisdiction(s) that the license has been held by the applicant for one year, that the license is active, that the license is in good standing, and that the test score received was equal to or greater than 75 percent.

(3) A license that was issued by a city, county, or other similar municipality will not be considered for licensure by reciprocity or endorsement.

(4) The Montana electrical board does not reciprocate or endorse master electrician or electrical contractor licenses.

History: 37-1-131, 37-68-201, MCA; IMP, 37-1-304, MCA; NEW, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2009 MAR p. 1665, Eff. 9/25/09.

24.141.505   ELECTRICAL CONTRACTOR LICENSING

(1) An applicant for an original license or renewal of an electrical contractor license shall submit a completed application, appropriate fees, and certification of the following:

(a) worker's compensation coverage as required under 39-71-101, MCA; and

(b) unemployment insurance coverage as required under 39-51-101, MCA.

(2) The board shall issue a limited electrical contractor license to an applicant who submits the required documentation listed in (1) above and designates as the responsible electrician, a licensed journeyman, on a form prescribed by the board.

(3) The board shall issue an unlimited electrical contractor license to an applicant who submits the required documentation listed in (1) above and designates as the responsible electrician, a licensed master, on a form prescribed by the board.

(4) An owner of an unlimited electrical contracting business not licensed as a master electrician, must employ a master electrician on a full-time basis. No holder of a master electrician's license shall be named as the responsible electrician for more than one unlimited electrical contractor.

(5) An owner of a limited electrical contracting business not licensed as a journeyman electrician shall employ a journeyman electrician on a full-time basis. No holder of a journeyman electrician's license may be named as the responsible electrician for more than one electrical contractor.

(6) A responsible electrician who leaves the employment of a licensed electrical contractor, for whatever reason, must provide written notification to the board office of that fact, within ten working days. The licensed electrical contractor must provide the board office within ten working days, on a prescribed form, of the change of responsible electrician. Failure to name another responsible electrician within ten working days shall be cause for suspension of the electrical contractor license and cause for revocation.

(7) A licensed master or journeyman electrician, in the case of residential construction, may be relieved from further responsibility under any application or permit if the electrician has left or been discharged from the employment of an electrical contractor or owner, provided the electrician sends a notice in writing to that effect within ten working days to the state electrical board and the state or local building code enforcement entity, whichever is applicable.

History: 37-1-131, 37-68-201, MCA; IMP, 37-68-312, MCA; NEW, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2009 MAR p. 1665, Eff. 9/25/09.

24.141.506   MASTER ELECTRICIAN QUALIFICATIONS

This rule has been repealed.

History: 37-1-131, 37-68-201, MCA; IMP, 37-1-131, 37-68-201, 37-68-301, 37-68-304, MCA; NEW, 2004 MAR p. 1024, Eff. 4/23/04; AMD, 2005 MAR p. 325, Eff. 2/25/05; REP, 2009 MAR p. 1665, Eff. 9/25/09.

24.141.507   MILITARY TRAINING OR EXPERIENCE

(1) Pursuant to 37-1-145, MCA, the board shall accept relevant military training, service, or education toward the requirements for licensure as an electrician.

(2) Relevant military training, service, or education must be completed by an applicant while a member of either:

(a) United States Armed Forces;

(b) United States Reserves;

(c) state national guard; or

(d) military reserves.

(3) An applicant must submit satisfactory evidence of receiving military training, service, or education that is equivalent to relevant licensure requirements as an electrician. Satisfactory evidence includes:

(a) a copy of the applicant's military discharge document (DD 214 or other discharge documentation);

(b) a document that clearly shows all relevant training, certification, service, or education the applicant received while in the military, including dates of training and completion or graduation; and

(c) any other documentation as required by the board.

(4) The board shall consider all documentation received to determine whether an applicant's military training, service, or education is equivalent to relevant licensure requirements.

 

History: 37-1-145, MCA; IMP, 37-1-145, MCA; NEW, 2014 MAR p. 971, Eff. 5/9/14; AMD, 2018 MAR p. 306, Eff. 2/10/18.

24.141.509   NONROUTINE APPLICATIONS

(1) For the purpose of processing nonroutine applications, the board incorporates the definitions of routine and nonroutine at ARM 24.101.402 by reference.

(2) Nonroutine applications must be reviewed and approved by the board before a license may be issued.

 

History: 37-1-131, MCA; IMP, 37-1-101, 37-1-131, MCA; NEW, 2011 MAR p. 2398, Eff. 11/11/11; AMD, 2021 MAR p. 556, Eff. 5/15/21.

24.141.511   APPLICANTS WITH CRIMINAL CONVICTIONS

(1) The board incorporates ARM 24.101.406 by reference with no modifications.

 

History: 37-1-131, MCA; IMP, 37-1-101, 37-1-131, MCA; NEW, 2021 MAR p. 556, Eff. 5/15/21.

24.141.2101   RENEWALS

This rule has been repealed.

History: 37-1-131, 37-1-141, 37-68-201, MCA; IMP, 37-1-141, 37-68-310, MCA; NEW, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2006 MAR p. 1583, Eff. 7/1/06; REP, 2018 MAR p. 306, Eff. 2/10/18.

24.141.2102   CONTINUING EDUCATION

(1) Eight hours of continuing education must be obtained for each year in the renewal cycle. Requisite hours may be obtained during any portion of the renewal cycle. A minimum of four of the eight annual hours shall be certified as covering NEC updates. Newly licensed graduates of approved apprenticeship programs are exempt from continuing education requirements in the first renewal cycle. Licensees changing from journeyman or residential to a higher level of licensure are not exempt from completing the required hours of continuing education.

(2) Licensees are responsible for maintaining a record of completion certificates for courses or seminars and the hours attended. A random audit of completion certificates may be performed by the board at any time.

(3) An applicant for continuing education provider approval shall submit:

(a) a completed board-approved provider application with the required fees;

(b) a completed board-approved application for each course with the required fees;

(c) a sample completion certificate as outlined in (4)(d);

(d) documented proof from the provider that instructors are credentialed as outlined in (4)(c); and

(e) a course description and credit hours of each course.

(4) Curricula for courses or seminars must be preapproved by the State Electrical Board or designated board representative. Requests for approval of courses or seminars must be made no later than 60 days prior to the date of the seminar. Each preapproved course shall be assigned a course approval number by the board to be listed on the certificate of completion. Board approval of said courses and seminars expires August 1 of each license renewal year.

(a) Curricula of courses or seminars shall address NEC updates, or other subjects related to the electrical industry. Basic electric courses or apprentice-type courses will not be approved. Course curricula must provide a breakdown of the type of credit hours (NEC or industry), which must be included in the completion certificate.

(b) Credits for courses or seminars will be given in a minimum of four-hour increments.

(c) The course sponsor is responsible to ensure that instructors are credentialed as one or more of the following:

(i) graduate electrical engineer licensed as an electrician;

(ii) Montana licensed electrician with additional training in related subject areas;

(iii) community college or vo-tech instructor with board-approved electrical credentials;

(iv) certified teacher with board-approved electrical credentials;

(v) certified electrical apprentice instructors;

(vi) certified electrical inspectors; or

(vii) electrical continuing education instructors from other areas as approved by the board.

(d) Certificates required by (3) must contain the following:

(i) date of course;

(ii) title of course;

(iii) name of person completing the course;

(iv) State Electrical Board approval number; and

(v) breakdown of NEC and/or industry related credit hours.

(e) Certificates must be verifiable online within 30 days of completion of the course.

(5) Representatives of the department or members of the State Electrical Board shall be able to attend and monitor the courses or seminars without charge.

(6) Continuing education courses approved by another state which has a reciprocal licensing agreement with the board will be honored. The reciprocal state's course approval number, date of course, and credit breakdown must appear on the completion certificate.

(7) Completion certificates must be submitted within 30 days upon request by the board office for the purpose of licensing renewal audits. Failure to supply continuing education completion certificates when requested by the board office shall be cause for disciplinary actions.

History: 37-1-131, 37-1-319, 37-68-201, MCA; IMP, 37-1-131, 37-1-306, 37-1-319, MCA; NEW, 1988 MAR p. 567, Eff. 3/25/88; AMD, 1994 MAR p. 951, Eff. 4/15/94; AMD, 1996 MAR p. 3039, Eff. 11/22/96; AMD, 1998 MAR p. 455, Eff. 2/13/98; AMD, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2006 MAR p. 1612, Eff. 5/19/06; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2009 MAR p. 1665, Eff. 9/25/09; AMD, 2010 MAR p. 1081, Eff. 4/30/10.

24.141.2301   UNPROFESSIONAL CONDUCT

(1) In addition to the activities set forth in 37-1-316, MCA, the following activities are also deemed by the board to be unprofessional conduct:

(a) failing to correct violations of the Montana State Electrical Code as adopted by the Department of Labor and Industry's Building Codes Bureau, after having received proper notice and adequate time to do so, as determined by the inspector involved in light of the seriousness of the violation(s) and other similarly relevant considerations;

(b) being adjudicated under Title 39, MCA, by the court or agency having jurisdiction, as having violated any workers' compensation, unemployment insurance, or independent contractor law in Montana while engaged in the electrical trade;

(c) failure to comply with continuing education requirements set forth in ARM 24.141.2102; and

(d) failing or refusing to provide the board verification of an employee's hours worked in the employ of the licensee when the request for verification is made for purposes of licensure.

(2) Upon findings of unprofessional conduct as defined in (1) and determined in accordance with the Montana Administrative Procedure Act, the board may impose sanctions, including but not limited to those allowed by and listed in 37-1-312, MCA.

 

History: 37-1-131, 37-1-136, 37-1-319, MCA; IMP, 37-1-307, 37-1-316, 37-1-319, MCA; NEW, 2006 MAR p. 1278, Eff. 5/19/06; AMD, 2009 MAR p. 1665, Eff. 9/25/09; AMD, 2018 MAR p. 306, Eff. 2/10/18.

24.141.2401   SCREENING PANEL

(1) The board screening panel shall consist of two board members, who shall be a journeyman and/or master electrician member of the board, and a public member of the board, who shall be appointed by the board chairman. The chairman may reappoint screening panel members, or replace screening panel members as necessary at the chairman's discretion.

(2) The screening panel will not consider anonymous complaints.

 

History: 37-1-131, MCA; IMP, 37-1-307, MCA; NEW, 1996 MAR p. 3039, Eff. 11/22/96; AMD, 1998 MAR p. 455, Eff. 2/13/98; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2018 MAR p. 306, Eff. 2/10/18.

24.141.2402   COMPLAINT PROCEDURE

This rule has been repealed.

History: 37-1-131, 37-68-201, MCA; IMP, 37-1-101, 37-1-131, 37-1-307, 37-1-308, 37-1-309, MCA; NEW, 1996 MAR p. 3039, Eff. 11/22/96; AMD, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2009 MAR p. 1665, Eff. 9/25/09; REP, 2018 MAR p. 306, Eff. 2/10/18.