DEPARTMENT OF ADMINISTRATIVE SERVICES

Division of Professional Regulation

1400 Board of Electrical Examiners

Statutory Authority: 24 Delaware Code, Section 1406(b) (24 Del.C. §1406(b))

24 DE Admin. Code 1400

FINAL

ORDER

After due notice in the Register of Regulations and two Delaware newspapers, a public hearing was held on December 1, 2004 at a scheduled meeting of the Board of Electrical Examiners to receive comments regarding proposed Regulation 17.0. The proposed regulation identifies crimes substantially related to the work of an electrician as mandated by SB 229 enacted by the 142nd General Assembly. The proposed regulation was published in the Register of Regulations, Vol. 8, Issue 5, November 1, 2004.

Background

The felony bar in 24 Del.C. §1408(a)(8) is stricken by SB 229. However, conviction of a felony remains as grounds for discipline in §1412(a)(4).

One of the qualifications for licensure in Title 24, Chapter 14 is that the applicant “shall not have a criminal conviction record, nor pending criminal charge relating to an offense, the circumstances of which substantially relate to providing electrical services. Applicants who have criminal convictions records or pending criminal charges shall request appropriate authorities to provide information about the record or charge directly to the Board to make a determination whether the record or charge is substantially relates to providing electrical services.” §1408(a)(9). The Board is charged by SB 229 with “promulgating regulations specifically identifying those crimes which are substantially related to the work of an electrician.” §1406(b)

“Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the work of an electrician. §1402(19).

Summary of the Evidence and Information Submitted

No comments were received.

Findings of Fact with Respect to the Evidence and Information Submitted

The Board carefully reviewed and considered the crimes presented as a compilation of crimes extracted from the Delaware Code. The overarching concern of the Board was the safety of public since the licensees have access to the homes of consumers, sometimes when the resident is home alone or not at home. The “primary objective of the Board of Electrical Examiners, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of the services regulated by this chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered” 24 Del.C. §1401. Unrestricted access to a person’s home is a matter of security and involves an element of trust. Board finds crimes of dishonesty and violence are substantially related to the work of an electrician.

Decision and Effective Date

The Board hereby adopts the changes to Regulation 17.0 to be effective 10 days following publication of this order in the Register of Regulations.

Text and Citation

The text of the revised rules remains as published in Register of Regulations, Vol. 8, Issue 5, November 1, 2004.

SO ORDERED this 1st day of December, 2004.

STATE BOARD OF ELECTRICAL EXAMINERS

Jacob Good, President

Richard Strouse, Vice President

Shirley Good, Secretary

Leroy James

Donald Collins

Donald King

John Gordy

Steve Dignan

James Anderson

1400 Board of Electrical Examiners

17.0 Crimes substantially related to work of an electrician.

17.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or the solicitation to commit any of the following crimes, is deemed to be a crime substantially related to the work of an electrician in the State of Delaware without regard to the place of conviction:

17.1.1 Reckless endangering in the first degree. 11 Del.C. §604

17.1.2 Assault in the second degree.11 Del.C. §612

17.1.3 Assault in the first degree.11 Del.C. §613

17.1.4 Manslaughter. 11 Del.C. §632

17.1.5 Murder by abuse or neglect in the second degree. 11 Del.C. §633

17.1.6 Murder by abuse or neglect in the first degree. 11 Del.C. §634

17.1.7 Murder in the second degree. 11 Del.C. §635

17.1.8 Murder in the first degree. 11 Del.C.§636

17.1.9 Unlawful sexual contact in the second degree. 11 Del.C. §768

17.1.10 Unlawful sexual contact in the first degree. 11 Del.C. §769

17.1.11 Rape in the fourth degree. 11Del.C.§770

17.1.12 Rape in the third degree. 11 Del.C.§771

17.1.13 Rape in the second degree. 11Del.C.§772

17.1.14 Rape in the first degree. 11 Del.C. §773

17.1.15 Sexual extortion. 11 Del.C. §776

17.1.16 Continuous sexual abuse of a child. 11 Del.C. §778

17.1.17 Dangerous crimes against a child. 11 Del.C. §779

17.1.18 Kidnapping in the second degree. 11 Del.C. §783

17.1.19 Kidnapping in the first degree.11 Del.C. §783A

17.1.20 Arson in the second degree.11 Del.C. §802

17.1.21 Arson in the first degree.11 Del.C. §803

17.1.22 Criminal mischief. 11 Del.C. §811

17.1.23 Burglary in the third degree. 11 Del.C. §824

17.1.24 Burglary in the second degree.11 Del.C. §825

17.1.25 Burglary in the first degree.11 Del.C. §826 17.1.26 Robbery in the second degree. 11 Del.C. §831

17.1.27 Robbery in the first degree. 11 Del.C. §832

17.1.28 Theft of services. 11 Del.C. §845

17.1.29 Extortion. 11 Del.C. §846

17.1.30 Identity theft. 11 Del.C. §854

17.1.31 Forgery. 11 Del.C. §861

17.1.32 Unlawful use of credit card. 11 Del.C. §903

17.1.33 Criminal impersonation of a police officer. 11 Del.C. §907B

17.1.34 Insurance fraud. 11 Del.C. §913

17.1.34 Home improvement fraud. 11 Del.C. §916

17.1.36 New home construction fraud. 11 Del.C. §917

17.1.37 Dealing in children. 11 Del.C. §1100

17.1.38 Sexual exploitation of a child. 11 Del.C. §1108

17.1.39 Unlawful dealing in child pornography. 11 Del.C. §1109

17.1.40 Sexual solicitation of a child.11 Del.C. §1112A

17.1.41 Perjury in the second degree. 11 Del.C. §1222

17.1.42 Perjury in the first degree. 11 Del.C. §1223

17.1.43 Aggravated harassment. 11 Del.C. §1312

17.1.44 Adulteration. 11 Del.C. §1339

17.1.45 Possession of a firearm during a felony. 11 Del.C. §1447

17.1.46 Theft of a firearm.11 Del.C. §1451

17.1.47 Organized crime and racketeering. 11 Del.C. §1503

17.1.48 Breaking and entering, etc. to place or remove equipment 11 Del.C. §2410

17.2 Crimes substantially related to the work of an electrician shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.

8 DE Reg. 998 (01/01/05)

*Please Note: As the rest of the sections were not amended, they are not being published. A complete set of the rules and regulations for the Board of Electrical Examiners is available at: http://www.state.de.us/research/AdminCode/title24/1400 Board of Electrical Examiners.shtml