16 TAC Chapter 73, §73.25 and §73.80 This is a great piece on the state regulations pertaining to electrical work in Texas.
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The Texas Commission of Licensing and Regulation (“Commission”) adopts amendments to existing rules at 16 Texas Administrative Code (“TAC”), Chapter 73, §73.25 and §73.80 regarding continuing education for electrical apprentices and to implement requirements of the registered apprenticeship training program and the training program registration fee. Section 73.25 is adopted with changes to the proposed text as published in the February 19, 2010, issue of the Texas Register (35 TexReg 1397). Section 73.80 is adopted without changes to the proposed text as published in the February 19, 2010, issue of the Texas Register (35 TexReg 1397). The adoption takes effect July 1, 2010.
The adoption implements Senate Bill 470, 81st Legislature, 2009, regarding continuing education for electrical apprentices; requirements of the registered apprenticeship training program; and the training program registration fee. The amendments are adopted under the authority of Texas Occupations Code §1305.102(a) that directs the Executive Director to adopt rules for the licensing of electricians, sign electricians, electrical sign contractors, electrical contractors, residential appliance installers, and residential appliance installation contractors. A detailed summary of the proposed amendments was included in the notice of proposed rules published in the February 19, 2010, issue of the Texas Register (35 TexReg 1397).
At the June 3, 2010, Commission meeting, editorial changes were made to §73.25(b) as to the form of the proposed rules but not to the substance. The final draft adopted by the Commission combines the published subsections (b) and (g) for the sake of rule simplification and subsection (d) reflects the combination of published subsections (c), (d) and (e) for the sake of rule simplification. Also, the words “or a manner” was deleted from §73.25(h)(1), (j), and (l) to remove unnecessary language.
The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the Texas Register on February 19, 2010. The 30-day public comment period closed on March 22, 2010. The Department received public comments from five (5) interested parties: Associated Builders and Contractors of Texas (“ABC of Texas”); Independent Electrical Contactors of Texas (“IEC of Texas”); On-Off Corporation; Stabler Sign Company, LLC, and NTS Signs. The substance of these rule changes was recommended by the Electrical Safety and Licensing Advisory Board at its meeting on May 26, 2010. The substance of these rules was adopted by the Commission with the referenced editorial changes. The public comments are summarized below followed by the Department’s responses.
Comment: ABC of Texas provided three points in their comment.
(A) Section 1305.002(1-b) requires that for an apprentice training program to qualify for registration with the Department, it must be a program: (1) recognized by the Texas Workforce Commission; (2) registered with the US Department of Labor; or (3) a competency-based standardized craft training program that meets the US Department of Labor Office of Apprentice Standards. ABC of Texas advocates that their NCCER programs satisfy the qualifications of a competency-based standardized craft training program that meets the US Department of Labor Office of Apprentice Standards. They expressed concern regarding the requirement to provide “proof” that they meet these standards in §73.25(j) which could evolve into a burdensome standard to get course approval.
(B) Section 73.25(l) requires a two day notice for change in enrollment status. ABC of Texas commented that this timeframe is too short and suggests it be expanded to ten days.
(C) ABC of Texas also requested that the Department remind department-registered apprentice training programs yearly of their requirement to send the Department annual notification of their intent to remain a department-registered program.
Response:
(A) The standards to become a department-registered program are statutorily mandated in §1305.002. The Department does not have the authority to change standards set by the legislature. It is clear that a program that wishes to become registered under the third qualification has the burden to demonstrate to the Department that they meet the US Department of Labor’s standards for a competency-based standardized craft training program. The rule allows such a program to provide any evidence that it does so by allowing the unrestricted term “proof” to do so. The unrestricted use of this term is satisfactory and allows the applying program to provide whatever it deems relevant in the application of its program. The Department declines to make any revisions.
(B) The two day notification is in the best interest of the licensee that may be attempting to annually renew in a short time frame. It is not burdensome on the program given that on-line notification is simple and expedient on the AMPS online notification system to the department and that notification is triggered only when the program itself is aware that there has been a change in enrollment status. No change to the rule was made in response to this comment.
(C) There is not a renewal application or fee required to continue registration therefore the Department is imposing a $100 initial enrollment fee. The program only has to inform the Department annually of their desire to continue as a registered program. The Department may wish to consider imposing a fee for enhanced service for annual program registration renewal should a reminder be needed. The Department declines to make any changes at this time.
Comment: IEC of Texas provided two points in its comment.
(A) The use of the term “registered apprentice program” is confusing for it could refer to a US Department of Labor registered program or a TDLR registered program. As such, it would be useful to refer to all references of a TDLR registered apprentice training program as a “department-registered” apprentice training program.
(B) Section 73.25(i) should use “and” instead of “or” when referring to the subject that must be covered in a providers course work. This would reflect that a provider must cover the NEC, state laws and rules, and safety as defined by NFPA 70E in each course offering. This would more correctly reflect the statutory wording of §1305.168.
Response: The Department agrees with the suggested changes submitted by IEC of Texas. The rule has been revised to reflect the changes as recommended.
Comment: A Master Sign Electrician with NTS Signs offered comment on the requirement of “on-site supervision” of an electrical sign apprentice by a master sign apprentice instead of “general supervision”.
Response: The definition involving supervision was not part of Senate Bill 470 and was therefore not a part of the proposed rule amendments. We are limited to discussing the substantive provision of the posted rule amendments. No change to the rules was made in response to this comment.
Comment: On-Off Corporation questioned the $100 fee in §75.80(13) as a fee for the participants of the program to attend the program.
Response: As a point of clarification this is not a fee for program participants. The $100 fee is a one-time initial program registration fee for those programs that register to offer the registered apprenticeship training program. No change to the rule was made in response to this comment.
Comment: Stabler Sign Company, LLC provided comment to advocate for the inclusion of electrical sign apprentices in the annual continuing education requirement.
Response: Senate Bill 470 does not refer to a distinct and established license class of electrical sign apprentices in the continuing education requirement. The Department does not have authority to expand the coverage of continuing education in the rules if it has not been provided for in the statute. This issue must be addressed by the legislature. No change to the rule was made in response to this comment.
The amendments are adopted under Texas Occupations Code, Chapter 51 and Chapter 1305, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 51 and Chapter 1305. No other statutes, articles, or codes are affected by the adoption.
§73.25. Continuing Education.
(a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise.
(b) For each renewal, an electrical apprentice, journeyman electrician, master electrician, journeyman sign electrician, master sign electrician, residential wireman, or maintenance electrician must complete four hours of continuing education in:
(1) the National Electrical Code, as adopted under Title 8, Occupations Code §1305.101, or the current version of the National Electrical Code, as approved by the National Fire Protection Association (NFPA);
(2) state law and rules that regulate the conduct of licensees; and
(3) safety as defined in the National Fire Protection Association (NFPA) 70E.
(c) In lieu of taking four hours of continuing education as required in §73.25(b), an electrical apprentice may enroll in a department-registered apprenticeship training program.
(d) In the case of timely renewal, the continuing education hours must have been completed, or enrollment must have occurred in a department-registered apprenticeship training program, within the term of the current license. For a late renewal, the continuing education hours must have been completed, or enrollment must have occurred in a department-registered apprenticeship training program, within one year prior to the date of renewal.
(e) A licensee may not receive continuing education credit for attending the same course more than once.
(f) A licensee shall retain a copy of the certificate of completion for a course for one year after the date of completion. In conducting any inspection or investigation of the licensee, the department may examine the licensee’s records to determine compliance with this subsection.
(g) To be approved under Chapter 59 of this title, a provider’s course must be dedicated to instruction in:
(1) the National Electrical Code, as adopted under Title 8, Occupations Code §1305.101, or the current version of the National Electrical Code, as approved by the National Fire Protection Association (NFPA);
(2) state law and rules that regulate the conduct of licensees; and
(3) safety as defined in the National Fire Protection Association (NFPA) 70E.
(h) To register an apprenticeship training program with the department, a program must:
(1) file a completed application in a form approved by the department;
(2) provide proof to the department that the program is:
(A) recognized by the Texas Workforce Commission or the Texas Higher Education Coordinating Board;
(B) registered with the United States Department of Labor; or
(C) a competency-based standardized craft-training program that meets the training program standards of the United States Department of Labor Office of Apprenticeship; and
(3) pay the required application fee shown in §73.80.
(i) A department-registered apprentice training program must maintain the following documents for 24 months after a participant is no longer enrolled in the program:
(1) participant’s program application;
(2) proof of participant’s program completion;
(3) participant’s leave of absence, resignation or termination; and
(4) other documentation effecting participant’s enrollment.
(j) A department-registered apprentice training program must submit to the department proof of a participant’s change in enrollment status within two days of the change. The proof must be in a form approved by the department.
(k) A department-registered apprentice training program must comply with the requirements of the Act and this chapter and must maintain the requirement of subsection (h)(2).
(l) A department-registered apprentice training program must annually notify the department, in a form approved by the department, of its intention to continue as a registered program.
(m) A department-registered apprentice training program must immediately notify the department if it ceases to be registered. The notice must be in a form approved by the department.
(n) The provisions listed in subsections (b)(3), (c), and (d) are effective for licenses that expire on or after September 1, 2010.
