WES MOORE, Governor Ch. 108
– 1 –
Chapter 108
(Senate Bill 298)
AN ACT concerning
State Board of Electricians – Licensing – Penalties
FOR the purpose of authorizing the State Board of Electricians to impose a civil monetary
penalty instead of or in addition to reprimanding a licensee or suspending or
revoking a license for certain violations; requiring the Board to consider certain
factors to determine the amount of a penalty imposed under this Act; requiring the
Board to submit a certain report to certain committees of the General Assembly on
the Board’s practices and processes for the timely resolution of complaints and the
approval of licenses; and generally relating to the State Board of Electricians.
BY repealing and reenacting, with amendments,
Article – Business Occupations and Professions
Section 6–316
Annotated Code of Maryland
(2018 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Business Occupations and Professions
6–316.
(a) (1) Subject to the hearing provisions of § 6–317 of this subtitle, the State
Board may deny a State license to any applicant, reprimand any State licensee, or suspend
or revoke a State license if the applicant or State licensee:
[(1)] (I) fraudulently or deceptively obtains or attempts to obtain a State
license for the applicant, State licensee, or another person;
[(2)] (II) fraudulently or deceptively uses a State license;
[(3)] (III) transfers the authority granted by a State license to another
person;
[(4)] (IV) engages in an unfair or deceptive trade practice, as defined in §
13–301 of the Commercial Law Article;
[(5)] (V) willfully or deliberately disregards and violates a building code,
electrical code, or law of the State or a local jurisdiction; Ch. 108 2024 LAWS OF MARYLAND
– 2 –
[(6)] (VI) under the laws of the United States or of any state, is convicted
of:
[(i)] 1. a felony; or
[(ii)] 2. a misdemeanor that is directly related to the fitness and
qualification of the applicant or licensee to provide electrical services;
[(7)] (VII) aids or abets a person to evade a provision of this title;
[(8)] (VIII) willfully or deliberately disregards disciplinary action taken by a
local jurisdiction against the individual in connection with the provision of electrical
services;
[(9)] (IX) fails in a material respect to comply with a provision of this title;
[(10)] (X) fails to train and control adequately a person who, while under
the supervision of the State licensee, sells or estimates electrical work or provides or assists
in providing electrical services;
[(11)] (XI) fails to maintain a local registration, if required, under § 6–601
of this title;
[(12)] (XII) fails to maintain the general liability and property damage
insurance required under § 6–604 of this title;
[(13)] (XIII) offers or provides electrical services outside the scope of the
license held by the licensee;
[(14)] (XIV) permits another licensee employed by the individual to provide
electrical services outside the scope of that individual’s license;
[(15)] (XV) without justification, fails to perform a contract or abandons a
project to provide electrical services;
[(16)] (XVI) provides electrical services that are inadequate or incomplete,
according to the terms of a contract or a project;
[(17)] (XVII) directly or indirectly publishes an advertisement relating to the
provision of electrical services that contains a representation or statement that is false,
deceptive, or misleading;
[(18)] (XVIII) certifies on a license renewal application that the
continuing education requirement of license renewal has been completed if the licensee has WES MOORE, Governor Ch. 108
– 3 –
not fully completed the continuing education requirement at the time the license renewal
application is submitted;
[(19)] (XIX) violates any other provision of this title; or
[(20)] (XX) violates any regulation adopted under this title.
(2) (I) INSTEAD OF OR IN ADDI TION TO REPRIMANDING A
LICENSEE OR SUSPENDI NG OR REVOKING A LIC ENSE UNDER THIS SUBS ECTION, THE
BOARD MAY IMPOSE A CI VIL PENALTY NOT EXCE EDING $5,000 FOR EACH
VIOLATION.
(II) TO DETERMINE THE AMOU NT OF THE PENALTY IMPOSED
UNDER THIS SUBSECTIO N, THE BOARD SHALL CONSIDER :
1. THE SERIOUSNESS OF T HE VIOLATION;
2. THE HARM CAUSED BY T HE VIOLATION;
3. THE GOOD FAITH OF TH E LICENSEE; AND
4. ANY HISTORY OF PREVI OUS VIOLATIONS BY TH E
LICENSEE.
(III) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER
THIS SUBSECTION INTO THE GENERAL FUND OF THE STATE.
(b) Allowing a State license to be used by another person is, in a disciplinary
proceeding under this section, prima facie evidence that a State licensee transferred the
authority granted by a State license to another person.
(c) The State Board shall consider the following facts in the granting, denial,
renewal, suspension, or revocation of a State license or the reprimand of a State licensee
when an applicant or State licensee is convicted of a felony or misdemeanor described in
subsection [(a)(6)] (A)(1)(VI) of this section:
(1) the nature of the crime;
(2) the relationship of the crime to the activities authorized by the State
license;
(3) with respect to a felony, the relevance of the conviction to the fitness
and qualification of the applicant or State licensee to provide electrical services;
(4) the length of time since the conviction; and Ch. 108 2024 LAWS OF MARYLAND
– 4 –
(5) the behavior and activities of the applicant or State licensee before and
after the conviction.
(d) This section may not be construed to limit the ability of a local board to take
disciplinary action against the holder of a local registration or the holder of a local permit
in that jurisdiction under § 6–103 of this title.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) On or before October 1, 2024, the State Board of Electricians shall submit to
the Senate Education, Energy, and the Environment Committee and the House Economic
Matters Committee, in accordance with § 2–1257 of the State Government Article, a report
on the Board’s practices and processes for the timely resolution of complaints filed against
State licensees.
(b) The report required under this section shall include:
(1) for each of the years 2018 through 2023:
(i) the number and types of complaints filed against State licensees;
(ii) the dates on which each complaint was received and resolved by
the Board;
(iii) the number of investigators employed by the Board;
(iv) a determination by the Board as to whether there was a
complaint backlog; and
(v) the average length of time to approve a license; and
(2) a detailed explanation of the plan and strategies adopted by the Board
to systematically address the complaint backlog and prevent future backlogs.
SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take
effect October 1, 2024.
SECTION 2. 4. AND BE IT FURTHER ENACTED, That , except as provided in
Section 3 of this Act, this Act shall take effect October July 1, 2024.
Approved by the Governor, April 9, 2024.