Introduced By: Representative Menard
Date Introduced : April 14, 1999
Referred To: Committee on Finance
It is enacted by the General Assembly as follows:
SECTION 1. Sections 5-70-6, 5-70-8, 5-70-11, 5-70-18, and 5-70-22 of the General Laws in Chapter 5-70 entitled "Telecommunications" are hereby amended to read as follows:
5-70-6. Unauthorized practice prohibited -- Criminal penalties -- Injunctions. -- (a) Except as provided herein, no individual, firm, or corporation shall provide or offer to provide telecommunications services in this state or use any title, sign, card, or device implying that the individual, firm, or corporation is qualified to provide telecommunication services unless that individual, firm, or corporation is the beneficial holder of a currently valid license issued pursuant to this chapter.
(b) Any individual, partnership, or corporation which is found to have violated subsection (a) shall, after notice and hearing before the board of examination and licensing of telecommunication systems contractors, technicians, and installers, {ADD and so approved by the director of labor and training ADD} be obligated to pay a fine of not more than five hundred dollars ($500) for the first offense, and a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for each subsequent offense.
(c) The {DEL board DEL} {ADD director of labor and training ADD}
shall have the power to institute injunction proceedings in superior
court to prevent violations of subsection (a).
5-70-8. Rules and regulations -- Powers of the board. -- (a) The board shall issue certificates through the department of labor and training, division of professional regulation {ADD ,in an advisory capacity to the director of labor and training, ADD} to individuals who have qualified to engage in telecommunication work under the provisions of this chapter. The board may {ADD ,in an advisory capacity to the director of labor and training ADD} establish such rules and regulations for the issuance and renewal of certificates as it deems appropriate.
(b) The {DEL board DEL} {ADD director of labor and training ADD}
shall have the power to suspend, revoke, or annul certificates
{ADD or licenses or impose a fine upon the certificate or license
holder, for all certificates and licenses issued by the division
of professional regulation, after hearing before and upon the
recommendation of the board of examination and licensing of telecommunication
system contractors, technicians, and installers, ADD} in accordance
with the provisions of this chapter. In all disciplinary proceedings
brought pursuant to this chapter, the {DEL board DEL} {ADD director
or his/her designee ADD} shall have the power to administer oaths,
to summon witnesses, and to compel the production of documents
in accordance with the procedures applicable in the superior court.
Upon failure of any person to appear or produce documents in accordance
with the {DEL board's DEL} {ADD director of labor and training's ADD}
order, the {DEL board DEL} {ADD director of labor and training ADD}
may apply to a court of any jurisdiction to enforce compliance.
{ADD Members of the board shall be subject to the provisions of
36-4-55. ADD}
(c) The {ADD director of labor and training , upon recommendation of the ADD} board shall have the power to establish such subcategory/ies within the aforementioned licensing forms and categories as may be determined to be required to accommodate significant or substantive changes and/or improvements in current technologies or to accommodate new developments if technologies affecting telecommunications. The subcategory/ies shall be specifically limited in purpose and scope.
5-70-11. Examination. -- (a) The {DEL board DEL}
{ADD director of labor and training ADD} shall establish suitable
rules and regulations for the examination and licensing of telecommunications
technicians, specialists and businesses and also governing the
practice of the professions of telecommunications. This shall
not include any prohibition of employment of a properly licensed
telecommunications technician, specialists, or business.
(b) The {DEL board DEL} {ADD director of labor and training ADD}
shall hold examinations for individuals applying for licensing
at least once each quarter year, provided that there are applicants
qualified under this chapter.
(c) The {DEL board DEL} {ADD director of labor and training ADD}
shall establish such rules and regulations for the examination
of applicants so as to assure the technical competence of the
applicant in one or more of the four (4) categories defined within
this chapter as it deems appropriate, but in no case shall technical
competence account for less than sixty percent (60%) of the mathematical
computation of the examination score and in no case will a passing
grade be considered less than seventy percent (70%) of the total
score within any one category. No less than twenty-five percent
(25%) of the mathematical computation of the examination shall
cover knowledge of applicable federal and state codes and regulations.
(d) The {DEL board DEL} {ADD director of labor and training ADD}
shall periodically solicit input from appropriate regulating authorities
as to recommendations of subject items to be installed in the
appropriate portion of the examination.
5-70-18. Enforcement. -- (a) The {DEL board DEL}
{ADD director of labor and training ADD} may refuse to issue a certificate,
or may revoke or annul a certificate, or may suspend a certificate
for a period not to exceed one year for any of the following acts:
(1) Bribery, fraud, or misrepresentation in obtaining a license;
(2) Performing or engaging in the installation, alteration, service, or testing of telecommunications systems in another state or country in violation of the laws of that state or country;
(3) Performing or engaging in the installation, alteration, service,
or testing of telecommunications systems in this state in violation
of the provisions of this chapter or standards of professional
conduct established and published by the {DEL board; DEL}
{ADD director of labor and training; ADD}
(4) Fraud, deceit, recklessness, gross negligence, or incompetence in the installation, alteration, service, or testing of telecommunications system;
(5) Use of a license serial number in a manner other than that authorized by this chapter.
(b) The {DEL department of labor, DEL} division of professional
regulation shall be authorized to provide assistance to the {DEL board DEL}
{ADD director of labor and training ADD} in the normal day-to-day
enforcement and administration of this chapter. Such assistance
shall be in accordance with sections entitled "Administration"
and "Enforcement" of the by-laws of the board. All administrative
guidance to the department shall be consistent with the Administrative
Procedures Act of the state. The board shall be responsible for
the expenses incurred in the administration and enforcement of
this chapter and shall authorize payment from the fund to the
department of labor for same.
(c) Any person may prefer charges against an applicant or licensee
under subsection (a) by submitting a written statement of charges,
sworn to by the complainant with the {ADD director of labor and
training ADD} {DEL secretary of the board. In addition, the
board may, on its own motion, investigate the conduct of an applicant
or licensee, and shall, in appropriate cases, file a written statement
of charges with the secretary. DEL} The {DEL board DEL}
{ADD director of labor and training or his/her designee ADD} shall
hear and determine all charges within three (3) months after the
date on which the statement of charges was received by the {DEL secretary DEL}
{ADD division of professional regulation ADD}. The time and place
of the hearing shall be fixed by the {DEL board DEL} {ADD director
of labor and training ADD}. The applicant or licensee charged shall
be entitled to be represented by counsel. Hearing shall be conducted
in accordance with the provisions for hearings of contested cases
in chapter 35 of title 42. {DEL Any member of the board DEL}
{ADD The director of labor and training or his/her designee ADD}
may administer oaths and conduct examinations. If, after hearing,
{DEL four (4) or more DEL} {ADD a majority of the ADD} members
of the board {ADD with the approval of the director if labor and
training , ADD}shall find the accused applicant or licensee guilty
of the charges, or any of them, it may refuse to issue a license
to the accused applicant, or it may revoke or suspend the license
of the accused licensee.
(d) The {DEL board DEL} {ADD director of labor and training ADD}
may, in {DEL its DEL} {ADD his/her ADD} discretion, issue
a license to any applicant denied licensing under subsection (b)
upon presentation of suitable evidence of reform. The {DEL board DEL}
{ADD director of labor and training ADD} may, in {DEL its DEL}
{ADD his/her ADD} discretion, reissue a license revoked or suspended
under subsection (b) upon presentation of suitable evidence of
reform.
{DEL(e) Either party (complainant or respondent) in any enforcement
action brought before the board may appeal the ruling of the board
to the director of the department of labor and training. The director
may, for just cause, return the matter to the board for reconsideration.
Enforcement action on this matter will be suspended during this
appeal process. DEL}
{DEL (2) Any appeal brought under this provision must be made
to the director of the department of labor within thirty (30)
calendar days from the date of the original ruling of the board.
The appeal must be acted upon by the director of the department
of labor and training within thirty (30) calendar days from receipt. DEL}
{DEL (3) The board shall return a determination of the reconsideration
within sixty (60) calendar days from the date of return from the
director of the department of labor and training. There shall
be right to appeal of the reconsideration, should either party
choose, through the courts. DEL}
{ADD (e) ADD} {DEL (f) The attorney general or his or her deputy DEL}
{ADD Legal counsel of the department of labor and training ADD} shall
act as legal advisor to the {DEL board DEL} {ADD director
of labor and training ADD} and shall render such legal assistance
as may be necessary in carrying out the provisions of this chapter.
The board may employ counsel and other necessary assistance to
be appointed by the governor to aid in the enforcement of this
chapter, and the compensation and expenses therefor shall be paid
from the fund of the {DEL board. DEL} {ADD Department of
labor and training. ADD}
5-70-22. Authority of director to assess penalty. --
The director may assess an administrative penalty on any person,
firm or corporation for any violation of the provisions of this
chapter, after notice and hearing, before and upon the recommendation
of the board of examination of telecommunication system contractors,
technicians and installers in the amount of not more than five
hundred dollars ($500) for the first offense and not less than
five hundred dollars ($500) nor more than one thousand dollars
($1000) for each subsequent offense. Provided, further, that the
{DEL board DEL} {ADD director of labor and training ADD} may
revoke any telecommunication license for a failure to pay any
fine {DEL imposed DEL} {ADD recommended ADD} by the board
{ADD and approved by the director of labor and training ADD} within
thirty (30) days.
{ADD A copy of the order shall be immediately served upon the licensee personally or by registered or certified mail. The order of the board shall be final unless the licensee so charged or complainant shall within twenty (20) days after receipt of the order file with the director of labor and training an appeal. The appeal will be determined by the director or his/her designee. The director may accept or reject, in whole or in part, the recommended order of the board. The order of the director shall be final, and a copy thereof shall be immediately served upon the person, firm or corporation assessed. ADD}
SECTION 2. This act shall take effect upon passage.
This act provides that the Board of Telecommunication System Contractors, Technicians, and Installers will be an advisory board to the Director of Labor and Training.
This act would take effect upon passage.
