This 4 Hour Continuing Education Course is prepared by
TXMHS, a division of Fact Homes, Inc. Copyright © TXMHS. 7/20/2014.
Unauthorized use prohibited
SECTION 24 - 7 MINUTES
CONDUCT- All
ELECTRICIANS AND RESIDENTIAL APPLIANCE INSTALLERS
Standards & Prohibited Actions
STANDARDS of
CONDUCT for LICENSEES include: COMPETENCY-INTEGRITY-INTEREST
a COMPETENCY:
The
licensee shall be knowledgeable of and adhere to the Act, the rules, applicable
codes, and all procedures established
by the Department for licensees. It is the obligation of the licensee to
exercise reasonable judgment and skill in the performance of all duties and
work performed as a licensee.
b INTEGRITY: A licensee
shall be honest and trustworthy in the performance of all duties and work
performed as a licensee, and shall avoid misrepresentation and deceit in any
fashion, whether by acts of commission or omission. Acts or practices that
constitute threats, coercion, or extortion are prohibited.
c INTEREST: The primary
interest of the licensee is to ensure compliance with the Act, the rules, and
all applicable codes. The licensee’s position, in this respect, should be clear
to all parties concerned while in the performance of all duties and work
performed as a licensee.
d) Specific
Rules of Conduct. A licensee shall not:
(1) participate, whether alone or in
concert with others, in any plan, scheme, or arrangement attempting or having
as its purpose the evasion of any provision of the Act, the rules, or the
standards adopted by the commission;
(2) furnish inaccurate, deceitful, or
misleading information to the department, a consumer, or other person while
engaged in the business of electrical contracting, performing, or offering to perform
non-exempt electrical work; or
(3) engage in any
activity that constitutes dishonesty, misrepresentation, or fraud while
performing as a licensee.
Chapter 73.70 TDLR Rules require specific
Standards for Conduct. The list below presents a short duty title by the
instructor along with the specific language stated in the TDLR Rule.
DUTY TO WORK UNDER A CONTRACTOR OR GOVERNMENTAL ENTITY (a) An individual licensee must provide
all electrical work requiring a license through a licensed contractor, or employing
governmental entity.
DUTY TO STATE QUALIFICATIONS (b) The licensee shall accurately and truthfully represent to any
prospective client or employer, the licensee’s capabilities and qualifications
to perform the services to be rendered.
DUTY TO PERFORM TECHNICAL SERVICES (c) The licensee shall not offer to perform, nor
perform, technical services for which the licensee is not qualified by
education or experience, without securing the services of another who is
qualified.
DUTY TO CLIENT/EMPLOYER (d) The licensee shall not evade responsibility
to a client or employer.
DUTY TO NOT PERFORM SERVICES (e) The licensee shall not agree to perform
services if any significant financial or other interest exists that may be in
conflict with:
(1) the
obligation to render a faithful discharge of such services; or
(2) the
service would impair independent judgment in rendering such services.
DUTY
TO WITHDRAW: (f) The
licensee should withdraw from employment when it becomes apparent that it is
not possible to faithfully discharge the duty and performance of services owed
the client or employer, but then only upon reasonable notice to the client or
employer. A licensee who does not withdraw must inform the consumer of the facts
that give rise to the duty to withdraw.
DUTY OF LICENSED CONTRACTOR (g) The licensed contractor shall not engage in advertising that is false,
misleading, deceptive, or which does not clearly display the licensee’s state
license number.
DUTY TO TELL THE TRUTH ABOUT EDUCATION & EXPERIENCE (h) The licensee shall not misrepresent
the amount or extent of prior education or experience to any employer or
client, or to the department.
DUTY TO REPORT TRUTHFULLY ABOUT RELATIONSHIPS (i) The licensee shall
not hold out as being engaged in partnership or association with any person
unless a partnership or association exists in fact.
DUTY TO ABIDE BY TEXAS LAWS & RULES (j) Licensees must abide by all laws and rules
regulating electricians, including the Standards of Conduct set forth in this
section, within any geographic location in this state when performing or
offering to perform electrical work.
Municipal Licensing and Regulation
information for Electricians
Municipalities
Assist TDLR - With information and assistance from local
jurisdictions, TDLR has compiled a list of the local electrical codes and other
municipal licensing / registration requirements that may be required of
electricians - in addition to the state requirements. The list is
intended as a quick online reference to assist electricians statewide in
determining the applicable electrical requirements in their area. The
list of cities and their local electrical requirements are available as a PDF
file:
Municipal
Requirements and Codes (25kb .pdf
download)
Note: The list only
includes those who have responded to TDLR’S electrician requirements
questionnaire.
PROHIBITED CONDUCT-PROHIBITED DECEPTIVE
ACTIONS:
Occupations Code
1305.151-LicenseRequired
1305.003
Exemptions; Application of Chapter
TDLR Rule 73.20(f) License
Requirements-Applicants and Experience Requirements
73.22 License
Requirements - General
73.23(d) License Requirements-Renewal
TDLR Rule 73.60(d)(1)-(4)
Standards of Conduct for Licensees
73.70(c), (d),
(e), (g), (i) Responsibilities of Licensee-Standards
of Conduct
Texas Business &
Commerce Code Title 2 Chapter 17 Deceptive Trade Practices
State laws (DECEPTIVE TRADE PRACTICE ACT) regulating
business prohibit general deceptive actions and TDLR Rules prohibit some
specific actions. The items listed below are taken from the state law and those
specified by TDLR Rules and items highlighted or bold letters are those defined by TDLR.
§ 17.46. DECEPTIVE TRADE PRACTICES UNLAWFUL.
(a)
False,
misleading, or deceptive acts or practices in the conduct of any trade or
commerce are hereby declared unlawful and are subject to action by the consumer
protection division.
Except as provided by
Occupation Code Section 1305.003, a person may not perform electrical work
unless the person holds an appropriate license issued or recognized by TDLR.
Work that requires a license
issued by TDLR shall not be performed during the unlicensed period or
while waiting for a renewal. If a licensee allows his license to expire he must
not perform any work that requires a TDLR license.
Obtaining a license by fraud or false
representation is grounds for denial, suspension, or revocation of a license
and/or an administrative penalty.
(b)
Except as
provided in Subsection (d) of this section, the term "false, misleading,
or deceptive acts or practices" includes, but is not limited to, the
following acts:
(1)
passing off
goods or services as those of another;
-The licensee shall not
evade responsibility to a client or employer
(2)
causing
confusion or misunderstanding as to the source, sponsorship, approval, or
certification of goods or services;
-Knowingly furnish inaccurate,
deceitful, or misleading information to the Department, a consumer, or other
person while performing as a licensee;
(3)
causing
confusion or misunderstanding as to affiliation, connection, or association
with, or certification by,another;
-participate, whether
individually or in concert with others, in any plan, scheme, or arrangement
attempting or having as its purpose the evasion of any provision of the Act,
the rules, or the standards adopted by the Commission;
(4) using deceptive
representations or designations of geographic origin in connection with goods
or services;
-The licensee shall not
offer to perform, nor perform, technical services for which he or she is not
qualified by education or experience, without securing the services of another
who is qualified.
(5)
representing
that goods or services have sponsorship, approval, characteristics,
ingredients, uses, benefits, or quantities which they do not have or that a
person has a sponsorship, approval, status, affiliation, or connection which he
does not;
-The licensee shall not
hold him or herself out as being engaged in partnership or association
with any person unless a partnership
or association exists in fact.
(6) representing that
goods are original or new if they are deteriorated, reconditioned, reclaimed,
used, or secondhand;
(7) representing that
goods or services are of a particular standard, quality, or grade, or that
goods are of a particular style or model, if they are of another;
-The licensee shall not
misrepresent the amount or extent of prior education or experience to any
employer or client, or to the Department.
(8) disparaging the
goods, services, or business of another by false or misleading representation
of facts;
(9)
advertising
goods or services with intent not to sell them as advertised;
-The licensed contractor
shall not engage in advertising that is false, misleading, deceptive, or which
does not clearly display the licensee’s state license number
(10)
advertising
goods or services with intent not to supply a reasonable expectable public
demand, unless the advertisements disclosed a limitation of quantity;
(11) making false or
misleading statements of fact concerning the reasons for, existence of, or
amount of price reductions;
(12) representing that an
agreement confers or involves rights, remedies, or obligations which it does
not have or involve, or which are prohibited by law;
(13) knowingly making
false or misleading statements of fact concerning the need for parts,
replacement, or repair service;
- engage in any
activity that constitutes dishonesty, misrepresentation, or fraud while
performing as a licensee;
- perform duties or
work as a licensee in a negligent or incompetent manner.
(14) misrepresenting the authority of a salesman,
representative or agent to negotiate the final terms of a consumer transaction
basing a charge for the repair of any item in whole or in part on a guaranty or
warranty instead of on the value of the actual repairs made or work to be
performed on the item without stating separately the charges for the work and
the charge for the warranty or guaranty, if any;
(16)
disconnecting, turning back, or resetting a meter so as to reduce the actual
consumption used.
(17)
advertising of any sale by fraudulently
representing that a person is going out of business;
(20) representing that a
guarantee or warranty confers or involves rights or remedies which it does not
have or involve, provided, however, that nothing in this subchapter shall be
construed to expand the implied warranty of merchantability…….
(22) representing that
work or services have been performed on, or parts replaced in, goods when the
work or services were not performed or the parts replaced;
(24) failing to disclose
information concerning goods or services which was known at the time of the
transaction if such failure to disclose such information was intended to induce
the consumer into a transaction into which the consumer would not have
entered had the information been disclosed;
-The licensee shall not agree to
perform services if any significant financial or other interest exists that may
be in conflict with: (1) the obligation to render a faithful discharge of such
services; or
(2) would
impair independent judgment in rendering such services
(25) using the term "corporation,"
"incorporated," or an abbreviation of either of those terms in the
name of a business entity that is not incorporated under the laws of this state
or another jurisdiction;
(27) taking advantage
of a disaster declared by the governor under Chapter 418, Government Code,
by:(A) selling or leasing fuel, food,
medicine, or
another necessity at an exorbitant or excessive price; or B)
demanding an exorbitant or excessive price in connection with the sale
or lease of fuel, food, medicine, or
another necessity.