e57
Senior Member
- Location
- San Francisco, CA
For those watching the California debacle over Electrician Certification of employees of C-10's.
Many of you know that the CSLB has often deffered to the DAS for information about this law - that they have lettle to do with. And that recently the DAS has been saying that the CSLB is now going to enforce it... It turns out that the links to the law about this on the DAS site are at least 6 months out of date:
As opposed to this information in it's place now:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=03001-04000&file=3070-3099.5
Many of you know that the CSLB has often deffered to the DAS for information about this law - that they have lettle to do with. And that recently the DAS has been saying that the CSLB is now going to enforce it... It turns out that the links to the law about this on the DAS site are at least 6 months out of date:
http://www.dir.ca.gov/das/ecu/LaborCode3099-3099_5.html(h) For the purposes of this section, "electricians" has the same meaning as the definition set forth in Section 3099.
As opposed to this information in it's place now:
(h) Commencing July 1, 2009, the following shall constitute
additional grounds for disciplinary proceedings, including suspension
or revocation of the license of a class C-10 electrical contractor
pursuant to Article 7 (commencing with Section 7090) of Chapter 9 of
Division 3 of the Business and Professions Code:
(1) The contractor willfully employs one or more uncertified
persons to perform work as electricians in violation of this section.
(2) The contractor willfully fails to provide the adequate
supervision of uncertified workers required by paragraph (3) of
subdivision (a) of Section 3099.4.
(3) The contractor willfully fails to provide adequate supervision
of apprentices performing work pursuant to subdivision (d).
(i) The Chief of the Division of Apprenticeship Standards shall
develop a process for referring cases to the Contractors' State
License Board when it has been determined that a violation of this
section has likely occurred. On or before July 1, 2009, the chief
shall prepare and execute a memorandum of understanding with the
Registrar of Contractors in furtherance of this section.
(j) Upon receipt of a referral by the Chief of the Division of
Apprenticeship Standards alleging a violation under this section, the
Registrar of Contractors shall open an investigation. Any
disciplinary action against the licensee shall be initiated within 60
days of the receipt of the referral. The Registrar of Contractors
may initiate disciplinary action against any licensee upon his or her
own investigation, the filing of any complaint, or any finding that
results from a referral from the Chief of the Division of
Apprenticeship Standards alleging a violation under this section.
Failure of the employer or employee to provide evidence of
certification or trainee status shall create a rebuttable presumption
of violation of this provision.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=03001-04000&file=3070-3099.5