Department of administrative services
Division of Professional Regulation
1400 Board of Electrical Examiners
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.
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
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.
*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