24.141.2301    UNPROFESSIONAL CONDUCT

(1) Failure by a licensee of the following is considered unprofessional conduct:

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

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) A licensee shall correct violations of the Montana State Electrical Code as adopted by the Department of Labor and Industry's Building and Commercial Measurements 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.

(g) A licensee shall comply with all relevant laws under Title 39, MCA. Any adjudication by the court or agency having jurisdiction of a violation of any workers' compensation, unemployment insurance, or independent contractor law in Montana while engaged in the electrical trade is unprofessional conduct.

(h) A licensee shall 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) A licensee's commission of any act of sexual abuse, sexual misconduct, or sexual exploitation, whether or not it is related to the licensee's practice, is considered unprofessional conduct.

(3) A licensee's failure to respond to board inquiry or furnish information requested by the board, department investigators, or board representatives is considered unprofessional conduct.

  

History: 37-1-131, 37-1-136, 37-1-319, 37-68-201, MCA; IMP, 37-1-307, 37-1-316, 37-1-317, 37-1-319, 37-68-301, 37-68-315, 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; AMD, 2024 MAR p. 1194, Eff. 5/25/24.