BEFORE THE STATE ELECTRICAL BOARD

DEPARTMENT OF LABOR AND INDUSTRY

STATE OF MONTANA

 

In the matter of the amendment of ARM 24.141.301 definitions, 24.141.402 apprentice registration, 24.141.405 fee schedule, 24.141.501 electrician applications, 24.141.502 permits, 24.141.503 examinations, 24.141.504 licensure, 24.141.505 contractor licensing, 24.141.2102 continuing education, 24.141.2301 unprofessional conduct, and 24.141.2402 complaint procedure and the repeal of ARM 24.141.506, electrician qualifications

) ) ) ) ) ) ) ) ) ) ) )

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT AND REPEAL

 

            TO:  All Concerned Persons

 

            1.  On September 3, 2009, at 10:00 a.m., a public hearing will be held in room B-07, 301 South Park Avenue, Helena, Montana to consider the proposed amendment and repeal of the above-stated rules.

 

            2.  The Department of Labor and Industry (department) will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice.  If you require an accommodation, contact the State Electrical Board (board) no later than 5:00 p.m., on August 28, 2009, to advise us of the nature of the accommodation that you need.  Please contact Jason Steffins, State Electrical Board, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2329; Montana Relay 1 (800) 253-4091; TDD (406) 444-2978; facsimile (406) 841-2309; e-mail [email protected].

           

            3.  GENERAL STATEMENT OF REASONABLE NECESSITY:  The board determined it is reasonable and necessary to amend the authority and implementation cites throughout the rules to accurately reflect all statutes implemented through the rules, to provide the complete sources of the board's rulemaking authority, and to delete references to repealed statutes.  Where additional specific bases for a proposed action exist, the board will identify those reasons immediately following the specific rule.

 

            4.  The rules proposed to be amended provide as follows, stricken matter interlined, new matter underlined:

 

            24.141.301  DEFINITIONS  (1) remains the same.

            (2) remains the same but is renumbered (4).

            (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)  "Maintenance" means ordinary and customary in-plant or on-site installations, modifications, additions or repairs which shall be limited to relamping fixtures, replacing ballasts, trouble shooting motor controls, replacing motors, breakers, magnetic starters, in kind-for-kind manner.  Also included are connection of specific items of specialized equipment that can be directly connected to an existing branch circuit panel by means of factory installed leads.  If a new circuit is required to operate the equipment or if the size of the supply conductors needs to be increased, it shall be considered new work if permitted and inspected by the appropriate building code authority.

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

            (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.

            (5) remains the same but is renumbered (8).

 

 

AUTH:  37-1-131, 37-68-201, MCA

IMP:     37-68-102, 37-68-103, 37‑68-201, 37-68-304, 37-68-305, 37-68-312, MCA

 

REASON:  The 2009 Montana Legislature enacted Chapter 257, Laws of 2009 (House Bill 374), an act generally revising electrician licensing laws.  The board is adding (2) to and deleting (3) from this rule to comply with the 2009 statutory changes and to further implement the legislation.

            The board is adding definitions of "legally obtained," "Montana State Electrical Code," and "National Electric Code" in response to licensees' questions and to clarify the meaning of key words and phrases used throughout the board's statutes and rules.

 

            24.141.402  APPRENTICE REGISTRATION  (1) and (2) remain the same.

            (3)  In order to be recognized by the board as an apprentice, an applicant shall either: present evidence of enrollment in an apprentice training program registered by the Apprenticeship and Training Program, Department of Labor and Industry in the State of Montana.

            (a)  present evidence of enrollment in an apprentice training program registered by the Apprenticeship and Training Program, Department of Labor and Industry, state of Montana; or

            (b)  present evidence directly to the board of the individual's enrollment in an apprentice training program which is equivalent to programs of the Montana Department of Labor and Industry.

 

            AUTH:  37-68-201, MCA

            IMP:     37-68-303, MCA

 

REASON:  The board is amending this rule to require all apprentices registered with the board to be enrolled in an apprentice training program that is registered by the Montana Department of Labor and Industry's Apprenticeship and Training Program.  Under current rule, the board would register someone who simply presented an out-of-state apprentice card, without having any knowledge of the particular apprentice training program.  Following amendment, the Montana public will be better protected because the board is aware of the quality and parameters of the programs registered by the Montana Department of Labor and Industry's Apprenticeship and Training Program.

 

            24.141.405  FEE SCHEDULE  (1) through (5) remain the same.

            (6)  Temporary permit                                                                                   20 50

            (7) and (8) remain the same.

 

AUTH:  37-1-134, 37-1-141, 37-68-201, MCA

IMP:     37-1-134, 37-1-141, 37-1-304, 37-1-305, 37-68-304, 37-68-307, 37-68-310, 37-68-311, 37-68-312, 37-68-313, MCA

 

REASON:  The board determined it is reasonable and necessary to amend this rule and increase the fee for temporary permits.  The fee increase is necessary to comply with the provisions of 37-1-134, MCA, and keep the board's fees commensurate with the costs of projected staff time required to process, investigate, and issue the increased number of temporary permits.  The fee change will affect approximately 240 permit applicants and result in a $7200 estimated increase in annual revenue.

 

            24.141.501  MASTER, JOURNEYMAN AND RESIDENTIAL ELECTRICIAN APPLICATIONS  (1)  The practical experience requirement set forth in 37-68-304 and 37-68-305, MCA, shall be of such nature as is satisfactory to the board. The board will only accept electrical experience in the construction field.  Maintenance work, as defined in ARM 24.141.301, which is exempt under 37-68-103, MCA, will not be accepted towards fulfillment of the practical experience requirement.

            (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)  For the journeyman license, a maximum of 50% of the electrical experience in the construction field may be residential in nature.  The balance must be either commercial, industrial, institutional or a combination thereof.

            (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 the 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) (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, provide with written verification and pay the applicable fees.

            (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.

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

 

            AUTH:  37-1-131, 37-68-201, MCA

IMP:     37-1-131, 37-68-103, 37-68-201, 37-68-302, 37-68-304, 37-68-305, 37-68-310, MCA

 

REASON:  The 2009 Montana Legislature enacted Chapter 257, Laws of 2009 (House Bill 374), an act generally revising electrician licensing laws.  The bill was signed by the Governor on April 17, 2009, and will become effective October 1, 2009.  The board is amending this rule to comply with the 2009 statutory changes and to further implement the legislation. 

            The board determined it is reasonably necessary to amend this rule to combine the experience requirements for all three licensure categories for simplicity and ease of use for applicants.

            The board is also amending this rule to specify the percentage of residential experience required for journeyman and master license applicants.  This amendment will ensure that the public is protected by requiring licensees in both categories to obtain some residential experience, since most electricians work on residential projects.

 

            24.141.502  TEMPORARY PRACTICE PERMIT  (1)  A temporary practice permit may be issued to an applicant for a residential or journeyman electrician license upon completion of an application, submission of verification of experience as required under 37-68-305, MCA, 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 applicant for a residential or journeyman electrician license may act as an electrician in the category for which an application is approved, as long as the applicant is employed by a licensed electrical contractor and a temporary practice permit has been issued 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 90 60 days from the date of issuance or upon receipt of licensure examination results.

            (4)  A temporary practice permit does not allow a journeyman applicant an individual to act as a responsible electrician for a limited licensed electrical contractor, nor does it permit the applicant to obtain an electrical contractor license.  A temporary practice permit allows an applicant only to work under a properly licensed electrical contractor.

            (5)  An applicant for licensure by endorsement or reciprocity may be issued a temporary practice permit under the conditions above.  The temporary practice permit shall expire at such time as the board approves the application and a license is issued or the board denies the application.

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

            (6)  A second Subsequent temporary practice permit permits may be issued at the discretion of the board. on a case-by-case basis, only to an applicant who has failed the examination with a score of 70 to 74%, is registered to take the next scheduled examination and upon receipt of:

            (a)  a letter from the applicant requesting a second temporary practice permit and submitting proof of registration to take the next scheduled examination; and

            (b)  a letter from the employer stating that the applicant is employed and under the supervision of a licensed journeyman or master electrician.

            (7)  If the applicant does not register for the examination within 90 days, the second temporary practice permit shall expire.

 

AUTH: 37-1-319, 37-68-201, MCA

IMP:    37-1-305, MCA

 

REASON:  The board determined it is reasonably necessary to amend this rule to clarify the process for and limitations of temporary practice permits and to achieve consistency in terminology within the rules.

            The board notes that it is not clear in the current rule whether master electricians can obtain temporary permits and is amending this rule to clarify that temporary permits are available to all applicants.  The board concluded that many applicants who qualify for temporary licenses do not follow through with taking the licensure examinations within 90 days.  In addition, most projects are completed within the 90-day period and temporary permit holders simply leave the state without taking the qualifying exam.  The board determined that this is not a good process to ensure that minimally qualified electricians are providing such services to the public. In addition, with the availability of the new electronic exams online, applicants can take the licensure exams at the latest one week after being approved.  The board is therefore amending (3) to reduce the period for temporary practice permits from 90 days to 60 days.

 

            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.

            (1) (2)  A person An applicant who has failed to pass 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 test exam a second time, they 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.

            (a)  demonstrate to the board by a sworn statement that the applicant has conscientiously studied at least 20 hours in the areas of the examination that were failed;

            (b)  provide a signed and dated list of the books or materials studied, specifying the name, author, edition (or latest copyright year); and

            (c)  provide proof of having attended at least one eight-hour electrical code seminar approved by the board, since the initial failure to pass.

            (2) remains the same but is renumbered (3).

            (a) remains the same.

            (b)  make reapplication to the board; and

            (c)  demonstrate to the board by the applicant's sworn statement that the applicant has conscientiously studied at least 40 hours in all the areas covered by the last exam, 30 hours of which shall have been devoted to those test areas wherein the applicant failed to achieve a passing score;

            (d)  provide a signed and dated list of the books or materials studied, specifying the name, author, edition (or latest copyright year); and

            (e) remains the same but is renumbered (c).

            (3) (4)  An applicant who has failed 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 (1) (2) and (2) (3) of this rule.

            (4) (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 (1) (2) or and (2) (3) depending on the number of times the applicant has failed the examination.

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

            (a)  Candidates may only use:

            (i) through (iii) remain the same but are renumbered (a) through (c).

            (6) (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.

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

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

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

            (8)  The procedure for requesting an informal review of examination results is as follows:

            (a) (9)  The 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.

            (b)  The following procedures apply to review of the results of the examination:

            (i) (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.

            (ii)  The candidate must identify the challenged questions of the examination and must state specific reasons why the results should be modified with the NEC code book and/or Montana statutes and rules supporting the candidates position.

            (iii) (b)  Within 15 days of the candidate's review, the department The board will review the examination and candidate's the applicant's justification at the next regularly scheduled board meeting and notify the candidate applicant in writing of the department's board's decision.

            (9) (10)  Anyone 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 and before reapply reapplying for licensure and before being allowed to reexamine.  All such reexaminations will be scheduled and administered by the department board in Helena, Montana, require a written examination fee, and the candidate will be required to apply and schedule the examination with the board office.

            (10)  Examination appeals must be submitted and reviewed by the full board at its next regularly scheduled meeting.

 

            AUTH:  37-1-131, 37-68-201, MCA

            IMP:     37-1-131, 37-68-201, 37-68-304, 37-68-305, MCA

 

REASON:  The 2009 Montana Legislature enacted Chapter 257, Laws of 2009 (House Bill 374), an act generally revising electrician licensing laws.  The bill was signed by the Governor on April 17, 2009, and will become effective October 1, 2009.  The board is adding (1) to set forth the minimum passing score for the electrical licensure examinations which was previously included in statute, but repealed by the 2009 legislation.

            The board is amending this rule throughout to update grammar and language choices, eliminate repetitive language, and renumber sections for better organization and ease of use.  The board is proposing to eliminate the requirements for retake applicants to provide sworn statements as to their examination study time and materials.  The board determined that because courses are now available online, they are easily obtained and verified by the board.  The board is removing the sworn statement requirements as outdated and unnecessary.

            The board is amending (7) to require that applicants submit requests for exam accommodations to the board at least 15 days prior to the exam.  Because the board bears the responsibility for providing accommodations and the board at times must request additional information to establish appropriate accommodations, it is reasonably necessary to require some advance notice of accommodation requests.

            The board is amending (9) to clarify the process for applicants to request a rescoring of a failed examination.  The board concluded that the previous informal review process may mislead applicants to think that it includes a review of all exam questions and correct answers.  The rescoring process actually focuses the request on the specific challenged questions and protects the integrity of the entire exam.  The board is also amending this rule to clarify that it is the board, not department staff, that conducts the rescoring and decides to adjust the score or not.

 

            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 license as a residential or journeyman electrician license.

            (2) through (c) remain the same.

            (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) and (4) remain the same.

 

            AUTH:  37-1-131, 37-68-201, MCA

            IMP:     37-1-304, MCA

 

REASON:  The board is amending this rule to clarify that the minimum acceptable test score is 75 percent.

 

            24.141.505  ELECTRICAL CONTRACTOR LICENSING  (1) remains the same.

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

            (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, there is a licensed master, designated on a form prescribed by the board as the responsible electrician.

            (4) through (7) remain the same.

 

            AUTH:  37-1-131, 37-68-201, MCA

            IMP:     37-68-312, MCA

 

REASON:  The board is amending this rule to correct sentence structure and grammatical errors.

 

            24.141.2102  CONTINUING EDUCATION  (1)  Each master, journeyman, and residential electrician license shall not be renewed unless the continuing education requirements imposed by this rule have been met, prior to the renewal date set by ARM 24.101.413.  Any licensee who fails to fulfill the continuing education requirements imposed by this rule shall cause the license to lapse.  It is unlawful for a person whose license has lapsed to perform electrical work in this state.  For reinstatement after the license has lapsed, the applicant shall have completed the continuing education requirements, certified that fact to the board, and met all other renewal requirements.

            (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)  To receive credit for continuing education, the following requirements must be met:

            (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.

            (a) (3)  Courses Curricula for courses or seminars must have prior approval of curriculum 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.

            (b) remains the same but is renumbered (c).

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

            (i) through (v) remain the same.

            (vi)  certified electrical inspectors; and or

            (vii) remains the same.

            (d)  Maintaining a record of completion certificates for courses or seminars and the hours attended shall be the responsibility of the licensee.  An audit of completion certificates may be requested by the board or designated board representative at any time.  A minimum of eight hours each licensed year must be obtained per renewal cycle.  All of the requisite hours may be obtained during any portion of the renewal cycle.  A minimum of four of the eight hours shall be verified as being on the National Electrical Code updates.

            (e)  Curriculum of courses or seminars shall be on the National Electrical Code updates, or other subjects related to the electrical industry.  Approval of course curriculum shall be at the discretion of the board.  Board approval will contain a breakdown for the course or seminar regarding type of credit hours (code or industry).  The breakdown must be included on the completion certificate.

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

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

            (g)  Request for approval of courses or seminars must be made no later than the board meeting next preceding the seminar.

            (h)  The board must be notified 15 days prior as to the time and place of every course or seminar.

            (i)  In general, courses should be designed for advancing knowledge or skills of trained individuals; basic courses or apprentice type courses will not be approved.

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

            (i)  date of course;

            (ii)  location title of course;

            (iii)  title of course including date of prior approval by the board;

            (iv)  name of instructor;

           (v)  name of sponsoring agency breakdown of NEC and/or industry related credit hours; .

            (vi) and (vii) remain the same but are renumbered (iii) and (iv).

            (viii)  breakdown of code and/or industry related credit hours.

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

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

            (4) remains the same but is renumbered (6).

 

AUTH:  37-1-131, 37-1-319, 37-68-201, MCA

IMP:     37-1-131, 37-1-306, 37-1-319, 37-68-201, MCA

 

REASON:  The board determined it is reasonable and necessary to amend this continuing education (CE) rule for better organization, simplicity, and ease of use.

              The board is amending (1) to clarify that new licensees recently graduated from an apprenticeship program are not subject to the CE requirements in the first renewal cycle.  This requirement has caused confusion and new graduates have had difficulty trying to meet the annual requirement in the short time frame post-graduation.

            The board is amending (3) to require that providers submit requests for course approval within a minimum of 60 days prior to the scheduled course.  The board notes that there are currently over 600 approved course providers and numerous new requests are received constantly, nearly all via e-mail.  Due to the changes in technology surrounding CE provision and the resultant workload increase for board staff, the board is amending this rule to require the 60-day period.

            The board is amending this rule to no longer require that CE certificates include course location and names of instructors and sponsoring agencies because CE courses are often available online and the board obtains the information through the course approval process.

            The board is adding to (3)(e) the requirement that CE certificates are verifiable online within 30 days of the seminar.  The board determined it is reasonable to require providers to have online verification to shift away from licensees providing paper proof of CE completion and to expedite verification of CE completion.  Following amendment, the board will no longer require providers to notify the board of every CE seminar's location and time.  Due to the online availability of many CE courses, the board determined this requirement is outdated and unnecessary.

            The board is amending (5) of this rule to address the requirement for honoring CE courses from states in reciprocal licensing agreements with Montana.  Following amendment, out-of-state CE certificates must show the breakdown of code or industry credit hours for consistency with in-state certificates and to ensure minimum CE requirements are met.

 

            24.141.2301  UNPROFESSIONAL CONDUCT  (1) and (2) remain the same.

(3)  For purposes of this rule, the term "Montana State Electrical Code" is defined as the edition of the National Electrical Code or any other model electrical code which is adopted and/or as it may be modified by the Department of Labor and Industry's Building Codes Bureau for use as a construction standard in and by Montana's electrical industry.

 

AUTH:  37-1-131, 37-1-136, 37-1-319, 37-68-201, MCA

IMP:     37-1-307, 37-1-316, 50-60-601, 50-60-603, 50-60-604, MCA

 

REASON:  The board is striking (3) from this rule as the definition for the Montana State Electrical Code is being added to ARM 24.141.301 in this notice.

 

            24.141.2402  COMPLAINT PROCEDURE  (1) remains the same.

            (2)  Complaints must be in writing, and shall be filed on the proper complaint form prescribed by the board department.

            (3)  Upon receipt of a signed complaint form, the board office department shall log in the complaint and assign it a complaint number.  The complaint shall then be sent to the licensee complained about for a written response.  Upon receipt of the licensee's written response, both complaint and response shall be considered by the screening panel of the board for appropriate action including dismissal, investigation or a finding of reasonable cause of violation of a statute or rule.  The board office department shall notify both complainant and licensee of the determination made by the screening panel.

            (4) and (5) remain the same.

 

            AUTH:  37-1-131, 37-68-201, MCA

            IMP:     37-1-101, 37-1-131, 37-1-307, 37-1-308, 37-1-309, MCA

 

REASON: The board is amending this rule to clarify that the administrative processing of complaints is not a board function, but a function provided for the board by the department.

 

            5.  The rule proposed to be repealed is as follows:

 

 

            24.141.506  MASTER ELECTRICIAN QUALIFICATIONS found at ARM page 24-12542.

 

AUTH:  37-1-131, 37-68-201, MCA

IMP:     37-1-131, 37-68-201, 37-68-301, 37-68-304, MCA

 

REASON:  The board is repealing this rule because the qualifications for master electricians are being added to ARM 24.141.501 elsewhere in this notice.

 

            6.  Concerned persons may present their data, views, or arguments either orally or in writing at the hearing.  Written data, views, or arguments may also be submitted to the State Electrical Board, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, by facsimile to (406) 841-2309, or by e-mail to [email protected], and must be received no later than 5:00 p.m., September 11, 2009.

 

            7.  An electronic copy of this Notice of Public Hearing is available through the department and the board's site on the World Wide Web at www.electrician.mt.gov.  The department strives to make the electronic copy of this Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered.  In addition, although the department strives to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems, and that technical difficulties in accessing or posting to the e-mail address do not excuse late submission of comments.

 

            8.  The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this board.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies the person wishes to receive notices regarding all board administrative rulemaking proceedings or other administrative proceedings.  The request must indicate whether e-mail or standard mail is preferred.  Such written request may be sent or delivered to the State Electrical Board, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, faxed to the office at (406) 841-2309, e-mailed to [email protected], or made by completing a request form at any rules hearing held by the agency.

 

            9.  The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled.  The primary bill sponsor was contacted on May 20, 2009, by telephone.

 

            10.  Anne O'Leary, attorney, has been designated to preside over and conduct this hearing.

 

                                                                     STATE ELECTRICAL BOARD

JACK FISHER, PRESIDENT

 

/s/ DARCEE L. MOE                                 /s/ KEITH KELLY

Darcee L. Moe                                           Keith Kelly, Commissioner

Alternate Rule Reviewer                            DEPARTMENT OF LABOR AND INDUSTRY

 

 

            Certified to the Secretary of State August 3, 2009