DAR File No. 40762

Commerce, Occupational and Professional Licensing

Section R156-55b-302c

Qualifications for Licensure - Examination Requirements

Notice of Proposed Rule

(Amendment)

DAR File No.: 40762
Filed: 09/13/2016 12:05:27 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This filing is recommended by the Electricians Licensing Board and the Construction Services Commission to promote the progression of licensure and protect public health, safety, and welfare. This change will benefit the apprentice who has completed the required education to sit for the respective journeyman exams while the course material is most germane, and they are actively completing the remaining hours needed to fulfill the experience requirement.

Summary of the rule or change:

In Subsection R156-55b-302c(2), language is added allowing apprentice electricians who have completed the apprentice education program set forth in Section R156-55b-302a, and not less than 6,000 hours of the experience required under Section R156-55b-302b, to sit for the journeyman examinations. Likewise, this change will allow apprentice electricians who have completed the apprentice education program set forth in Section R156-55b-302a, and not less than 3,000 hours of the experience required under Section R156-55b-302b, to sit for the residential journeyman examinations.

Statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)
• Subsection 58-55-308(1)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to reprint and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments do not apply to local governments. The proposed amendments only apply to applicants seeking licensure as a journeyman electrician or residential journeyman electrician.

small businesses:

The proposed amendments may apply to small business. The apprentice electrician that previously had to wait until all of the education and experience requirements were met in order to sit for the appropriate exams will now have the ability to sit for the exams after completing the education requirement and a majority of the required experience hours. It is anticipated that allowing applicants to sit for the examinations as proposed will improve the opportunity for licensure progression, promote industry growth, and encourage corresponding wage increases as the licensee becomes more serviceable to current and potential employers. The aggregate impact cannot be estimated as it will vary depending on the experience and aptitude of the apprentice electrician.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments will only affect apprentice electricians who have completed the apprentice education program set forth in Section R156-55b-302a. It is expected that allowing applicants to sit for the examinations as proposed should have a similar impact for applicable large business. The aggregate impact cannot be estimated as it will vary depending on the experience and aptitude of the apprentice electrician.

Compliance costs for affected persons:

The Division anticipates the amendment will impact apprentice electricians who have met the education and experience requirements of this proposal and seek licensure as a journeyman electrician or residential journeyman electrician. In addition to promoting the timely progression of licensure, it is expected that this amendment will assist adequately prepared applicants with passing the required licensure examinations. Similarly, an applicant should experience a cost savings, from fewer failed attempts and subsequent, necessary retakes. However, the Division is not able to estimate the individual impact as it will vary depending on the experience and aptitude of the apprentice electrician.

Comments by the department head on the fiscal impact the rule may have on businesses:

This amended rule permits apprentice electricians to sit for the journeyman examination and the residential journeyman examination at an earlier date. The amended rule will likely result in a cost savings to apprentice electricians. An indeterminate cost increase could be experienced by small business if the earlier taking of the examinations results in wage increases for apprentices who demonstrate that they are more serviceable to current and potential employers.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Steve Duncombe at the above address, by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at sduncombe@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2016

Interested persons may attend a public hearing regarding this rule:

• 10/20/2016 09:00 AM, Heber Wells Bldg, 160 East 300 South, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

11/07/2016

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-55b. Electricians Licensing Act Rule.

R156-55b-302c. Qualifications for Licensure - Examination Requirements.

(1) In accordance with Subsection 58-55-302(1)(c)(i), an applicant for licensure under this rule shall pass the appropriate examinations that are approved by the Board, each of which shall consist of a theory part, a code part and a practical part as follows:

(a) Utah Electrical Licensing Examination for Master Electricians;

(b) Utah Electrical Licensing Examination for Master Residential Electricians;

(c) Utah Electrical Licensing Examination for Journeyman Electricians; and

(d) Utah Electrical Licensing Examination for Residential Journeyman Electricians.

(2) Admission to the examinations is permitted after :

(a) the applicant has completed all requirements for licensure set forth in Sections R156-55b-302a and R156-55b-302b; or

(b) the journeyman applicant has completed:

(i) the apprentice education program set forth in Subsection R156-55b-302a; and

(ii) not less than 6,000 hours of the experience required under Subsection R156-55b-302b;

(c) the residential journeyman applicant has completed:

(i) the apprentice education program set forth in Subsection R156-55b-302a; and

(ii) not less than 3,000 hours of the experience required under Subsection R156-55b-302b.

(3) The applicant shall obtain a "pass" grade on the practical part of the examination, a score of at least 75% on the theory part and a score of at least 75% on the code part of the examination.

(4)(a) If an applicant fails one or more parts of the examination, the applicant shall retake any part of the examination failed.

(b) An applicant shall wait at least 25 days between the first two retakes and thereafter shall wait 120 days between retakes.

(5) If an applicant passes any part of the examination but does not pass the entire examination, the passing score on any part of the examination shall be valid for one year from the date the part of the examination was passed. Thereafter, the applicant shall retake any previously passed part of the examination.

 

KEY: occupational licensing, licensing, contractors, electricians

Date of Enactment or Last Substantive Amendment: [August 21, 2014]2016

Notice of Continuation: August 8, 2016

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-308(1)