§ 296.3. Employment of Electrician Trainees.

(a) An employer who employs an Electrician Trainee to perform work for which certification would otherwise be required must ensure that the trainee is under the direct, on-site supervision of a Certified Electrician who is responsible for supervising no more than one trainee, but who also may be responsible for supervising registered apprentices. Registered apprentices are not to be counted as uncertified persons for purposes of this ratio. By employing an Electrician Trainee to perform work for which certification would otherwise be required, the employer attests that adequate supervision will be provided.

(b) An employer that fails to provide adequate supervision to an Electrician Trainee may be barred by the Chief DAS from employing trainees in the future.

(c) The Chief DAS shall serve written notice of the intention to bar an employer from employing Electrician Trainees. Service shall be by personal service or certified mail to the employer's address on file with the Contractor's State License Board or other address known to DAS. The notice shall specify the reasons for the action proposed to be taken by the DAS and the employer's right to request a hearing. The employer may request a hearing with the Director within 30 days of service of the notice. The Director shall schedule a hearing before the Director or his or her authorized representative within 90 days after the Director receives the applicant's request for hearing with the Director. Following the hearing, the Director shall issue a written ruling that shall be sent to the appellant within 90 days after the last day of hearing. The decision of the Director shall be final except for judicial review provided by law.

HISTORY

1. New section filed 2-9-2006; operative 3-11-2006 (Register 2006, No. 6).

2. Amendment of subsection (a) filed 7-18-2008; operative 8-17-2008 (Register 2008, No. 29).

Note

Note: Authority cited: Sections 3099 and 3099.4, Labor Code. References: Sections 3099 and 3099.4, Labor Code.