Regarding Rules Governing Praction Section 18.01(2) of 237 CMR Requirements to be Met by Licensees who have a Sign, Advertisement or any Other Business Communication of a Master Electrician, Journeyman Electrician or System Contractor

Enacted July 24, 2006

The Board of Examiners of Electricians voted today to adopt the following policy guideline. This policy guideline is intended as the Board's interpretation of its regulations at 237 CMR 18.01(2) to make a distinction between a listing and an advertisement, or other business communication.

Policy No. 06-02

Purpose:

To provide guidance to licensees regarding the board's requirement of a licensee to display his or her license type and number in any advertisement or business communication placed in telephone directories.

Policy:

At its regularly scheduled Board meeting on Monday, July 24, 2006, the Board of State Examiners of Electricians voted to adopt the following policy interpreting its regulations at 237 CMR 18.01(2):

A complementary business listing in a telephone directory published by a telephone provider, at no additional charge, to the individual, firm or corporation, by itself is not an advertisement or other business communication which would require the licensee's type and license number to be part of the listing. A listing as defined by the Board means the display of an individual's name or company name, or corporation name etc. with the phone listing in regular font only. Any listing in such directories which there is assessed a fee by the phone provider such as for bold font or a change in font size or additional information about services provided by the licensee is not a listing but and advertisement and would required to have the type and license number within the advertisement.

All prior decisions of the Board inconsistent with the above policy are superseded by this policy.

Discussion:

Under M.G.L. c. 141, §2, the Board of State Examiners of Electricians is authorized to "make necessary rules for the proper performance of their duties." In addition, under the same provision, the Board is required to "hold frequent examinations" in order to determine the qualifications of applicants for licensure as electricians under M.G.L. c. 141, § 3. It is within the Board's authority to require the display of a type and license number in any sign, advertisement or any other business communication with a Massachusetts consumer.