Regarding License Terms and Expiration Dates For All Classes of Licenses Issued Within 90 Days of the License Renewal Date for Such Licenses

Enacted April 23, 2007

The Board of Examiners of Electricians voted today to adopt the following policy guidelines. These policy guidelines are intended as the Board's guidelines for the license term and expiration date for any license issued within 90 days of the license renewal date for such licenses.



Policy No. 07-01



Purpose: To provide guidance to license applicants, examination providers and to Board staff members regarding the term and expiration of any license issued within 90 days of the license renewal date for such licenses.



Policy: At its regularly scheduled Board meeting on Monday, April 23, 2007, the Board of State Examiners of Electricians voted to adopt the following policy:

For those individuals who receive a license of any class issued by the Board of State Examiners of Electricians, either by reciprocity or by examination, within a 90-day period of the license renewal date, the Executive Director is authorized to issue an expiration date on such license for the end of the next following renewal period. All prior decisions of the Board inconsistent with the above policy are superseded by this policy.

Discussion:

Chapter 13 Section 32 establishes the Board of State Examiners of Electricians, hereinafter referred to as The Board."

Under 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."

Chapter 141 Section 3, of the Massachusetts General Laws establishes four forms of licenses for electricians, They are as follows; A-Master Certificate, B-Journeyman Certificate, C- Systems Contractor Certificates and D- Systems Technician Certificate.

Each of the above certificates expires, by the terms of M.G.L. Chapter 141, Section 3, on

"…July thirty-first every third year, commencing July thirty-first, nineteen hundred and eighty-nine, but may be renewed upon payment of a fee, by application therefor being made during said month. In case of failure to renew a license as aforesaid on or before July thirty-first of the third year, the person named therein, upon payment of said fee, increased by such additional fees as would have been payable had such license been continuously renewed may receive a deferred renewal thereof which shall expire July thirty-first of ensuing three year period; provided, however, that such renewed license shall not constitute its holder a licensee for any period preceding its issue."

Prior to February 2001, the Board administered only paper and pen (manual) examinations annually (twice a year). Two exams were for electricians (Master and Journeyman) and two exams were for Systems Contractors and Technicians.

On or about February of 2001 the examinations were computerized and administered daily by a contractor whose examination administration services were procured by the Division of Professional Licensure on behalf of the Board. Several test centers for the new computerized examination were established within the Commonwealth.

The implementation of a daily computerized examination and the statutorily defined expiration date of a license issued by the Board creates a problem. If an applicant for licensure takes an examination in May of the third year of the renewal cycle, that license would be issued with an expiration date 90 days or less in the future. The Division of Professional Licensure does not have the ability to issue a renewal application in time for proper renewal of a license issued within 90 days of the end of the three year renewal cycle.

For that reason, and in order to prevent licenses issued for the first time within 90 days of the end of the renewal cycle from lapsing due to the inability of the Division of Professional Licensure to timely issue renewal applications to such first time licensees, the Board has determined that any license issued by the Board for the first time to a successful applicant, where that license is issued within 90 days of the end of the three year renewal cycle, shall not expire until the end of the next following renewal cycle.

No provision of M.G.L. Chapter 141 prevents the Board from exercising its authority to cause a license issued within a defined period prior to the end of a three year cycle to expire at the end of the next following renewal cycle. In this case, doing so prevents harm to both a licensee who may not be properly advised of the expiration of his or her license and necessity for renewal of that license which had just been issued within the preceding 90 days. Such an interpretation and policy by the Board also prevents harm to consumers of services provided by such a licensee, because that licensee, in the absence of a timely issued renewal application, may inadvertently have his or her license expire, and thereafter operate under that expired license. Finally, Board staff will not be overwhelmed prior to the end of a three year renewal cycle by an influx of licensees seeking renewal applications.