13.5 Civil Penalties, Appeals, Exam Rules & Certificate Discipline
Key Takeaways
- Penalties for violating the licensing and installation sections range from $50 to $10,000; violations of the certification sections range from $50 to $500 (RCW 19.28.131, 19.28.271).
- Each day a violation occurs can be a separate offense, and a repeat within three years of a final judgment is charged as a second or later offense (WAC 296-46B-915).
- A penalty may be appealed to the Electrical Board by filing a written notice with L&I within 20 days after notice, with a certified check for $200 or 10 percent of the penalty, whichever is less but not under $100 (RCW 19.28.131).
- The Electrical Board has 15 members appointed by the governor for four-year terms (RCW 19.28.311).
- Exam rules: 70 percent on each section, a one-year exam period, a two-week wait after a failure, and a three-month wait after failing a part three times in a year (WAC 296-46B-960).
Why this section matters
The WA Codes section asks about the consequences of breaking the rules as well as the rules themselves. You also need the exam rules to plan your own testing, since WAC 296-46B-960 controls what you may bring and how retests work.
Statutory penalty ranges
| Statute | Covers | Range |
|---|---|---|
| RCW 19.28.131 | Licensing, installation, and inspection provisions (RCW 19.28.010-.141 and .311-.361) | $50 to $10,000 per violation |
| RCW 19.28.271 | Certification provisions (RCW 19.28.161-.271): employing uncertified workers, working without a certificate | $50 to $500 per violation |
RCW 19.28.271(1) makes it unlawful to employ someone without a certificate of competency, temporary permit, or training certificate, and unlawful for an individual to do electrical work without one of those documents and photo identification in his or her possession. Equipment installed by an uncertified person may not receive a permit or a service connection.
The civil penalty schedule (WAC 296-46B-915)
| Violation | 1st | 2nd | Each later |
|---|---|---|---|
| Unlicensed contracting (electrical or telecommunications) | $1,000 | $2,000 | $3,000, then $10,000 |
| Employing a person without a valid certificate or training certificate | $250 | $500 | $500 |
| Failing to visibly display a (valid) certificate | $50 | $100 | $100 |
| Working without a valid certificate, or outside its scope | $250 | $500 | $500 |
| Improper ratio of electricians to trainees | $250 | $500 | $500 |
| Failing to supervise a trainee properly | $250 | $500 | $500 |
| Working as a trainee without proper supervision | $50 | $250 | $500 |
| Work outside the scope of a specialty contractor license | $500 | $1,500 | $3,000, then $6,000 |
| Selling unlisted spa, hot tub, pool, or hydromassage equipment | $500 | $1,000 | $2,000 |
| Covering or concealing work before inspection | $250 | $1,000 | $2,000 |
| Not making corrections within 15 days | $250 | $1,000 | $2,000 |
| No permit (or provisional label) or inspection before starting work | $250 | $1,000 | $2,000 |
Rules that apply across the schedule:
- Each day a violation occurs on a job site may be a separate offense.
- Once a violation becomes a final judgment, any additional violation within three years is a second or later offense.
- For serious noncompliance or violations, L&I may double the penalty, up to $10,000.
- The owner emergency-repair exception: no permit penalty if the permit is obtained and posted by the next business day after the emergency repair began.
- A contractor cited three times in three years for ratio or supervision violations must be audited (WAC 296-46B-975).
Appeals (RCW 19.28.131, 19.28.271)
- The assessed party files a written notice of appeal with L&I within 20 days after notice of the penalty is given.
- The notice must include a certified check for $200 or 10 percent of the penalty, whichever is less, but never less than $100. It is returned if the Electrical Board does not sustain L&I's decision.
- Filing the appeal stays the penalty until the board decides.
The Electrical Board (RCW 19.28.311)
The board has 15 members appointed by the governor, with the advice of the director of L&I, for four-year terms. It includes representatives of utilities, a telecommunications provider, licensed electrical contractors (three), a licensed telecommunications contractor, manufacturers or distributors, the public, certified electricians (three), a telecommunications worker, a professional electrical engineer, an outside line worker, and one nonvoting city building official.
The board advises the director on enforcement, installation standards, inspection procedures, and rules. No rule may be amended or repealed until the board has had a chance to consider it. The board also hears appeals and certificate revocation cases.
Revocation of certificates (RCW 19.28.241)
L&I may revoke a certificate of competency when:
- it was obtained through error or fraud;
- the holder is judged incompetent to work in the trade;
- the holder violated RCW 19.28.161-.271 or a rule adopted under the chapter; or
- the holder committed a serious violation, meaning one that presents imminent danger to the public.
Before revoking, L&I sends written notice by registered mail with the allegations and an opportunity for a hearing before the board. After a revocation, L&I may deny a new application for up to two years. A suspended certificate can be renewed, but it stays suspended and the holder must pass the competency exam before it is reactivated. A revoked certificate cannot be renewed (WAC 296-46B-940(12), (13)).
Examination rules (WAC 296-46B-960)
| Topic | Rule |
|---|---|
| Passing score | At least 70% on each exam or section |
| Open book, allowed | Any original copyrighted material; a silent, nonprinting, nonprogrammable calculator not designed for preprogrammed electrical calculations; copies of RCW 19.28 and WAC 296-46B; a foreign-language dictionary without definitions |
| Not allowed | Copies of copyrighted material; copies of internet publications other than the RCW and WAC; personal notes; any personal computing device other than the calculator |
| Exam period | Electrician and master electrician candidates must pass all sections within one year from the exam approval date; passed sections need not be retaken within that period; if the year runs out, start over with all sections |
| Accommodations | For disability or limited English proficiency, by written request; extra time up to double the normal time |
| Retest wait | Two weeks after a failing score |
| Three failures | Failing any part three times within one year means a three-month wait before retaking it |
| Score review | Written request to the chief electrical inspector within 20 days of the exam, with the review fee ($165.50 in the current WAC 296-46B-909 table). The candidate gets one hour to review and must cite published references. L&I decides within 15 days and changes results only for clear and convincing evidence that would produce a passing score. |
| Cheating | A wait of at least 11 months; the retest is given by L&I in Tumwater; civil penalties possible |
| Confidentiality | All exam questions are confidential; candidates agree not to copy or share content |
| After failing | A candidate may keep working as a supervised trainee with a valid training certificate |
L&I's exam page adds that a first attempt in each one-year period must include all sections, and that after three failures the 90-day wait applies between all attempts until the candidate passes.
A contractor receives a civil penalty notice from L&I. Under RCW 19.28.131, what is the deadline to appeal to the Electrical Board?
Under WAC 296-46B-915, what is the penalty for a first offense of covering or concealing an electrical installation before inspection?
Which item may a candidate bring into a Washington electrician exam under WAC 296-46B-960?