SECTION 158:40-5-2. Journeyman requirements

(a)   Each journeyman must be licensed and employed by a licensed contractor before engaging in the work of a journeyman electrician.

(b)   No journeyman shall contract to furnish labor or labor and materials.

(c)   Since evidence of hours worked and type of work would be required if a Journeyman makes application for licensure anytime in the future, each Journeyman is responsible for obtaining and maintaining documentation of hours and type of hours worked (commercial, industrial, and residential) under a particular contractor when employed or upon separation of employment.

(d)   Prior to engaging in any activity described in (e) of this Section, a licensed electrical journeyman shall obtain an electrical license alarm endorsement from the Construction Industries Board. Such alarm endorsement may only be issued to an applicant upon the completion of a satisfactory national criminal history record check. An application for an electrical license alarm endorsement shall require an additional fee in accordance with OAC 158:40-9-3. To obtain an electrical license alarm endorsement, a licensed electrical journeyman shall provide the following:

(1)   A recent passport style and quality photograph;

(2)   Two classifiable sets of fingerprints taken by a local, state or federal law enforcement agency;

(3)   A disclosure of convictions of all crimes of applicant, both felony and misdemeanor; and,

(4)   Other such information as required by 74 O.S. § 150.9 for a national criminal history record check.

(e)   A licensed journeyman electrician shall not sell, install, service, or repair alarm or security systems or electronic security devices such as residential or commercial burglar alarms or security systems, electronic access control, closed circuit television, nurse call systems and the like when the licensed journeyman electrician has disclosed or a national criminal history record check reveals a conviction of applicant for a disqualifying crime, as described in (g) or (h) of this Section.

(f)   A satisfactory "national criminal history record check" means a national criminal history record check which reveals no disqualifying crime, as described in (g) or (h) of this Section.

(g)   "Disqualifying crime" includes any conviction by any state or the United States of any of the following:

(1)   Murder in any degree;

(2)   Voluntary manslaughter;

(3)   Rape;

(4)   Lewd conduct with a minor;

(5)   Sexual abuse or exploitation of a child, including offenses involving child pornography;

(6)   Kidnapping;

(7)   Robbery;

(8)   Burglary;

(9)   Possession of stolen property;

(10)   Aggravated assault;

(11)   Aggravated battery;

(12)   Arson;

(13)   Any felony punishable by death or life imprisonment;

(14)   Any felony determined by the Construction Industries Board Administrator to be an offense which constitutes the theft, damage or destruction of property or the infliction of physical harm on another person committed while unlawfully present on the property of another;

(15)   Attempt, conspiracy or accessory after the fact or aiding and abetting to commit any disqualifying crime; or

(h)   A "disqualifying five year crime" shall mean a conviction within five years of the date of application for electrical license alarm endorsement by any state or the United States of any of the following:

(1)   Felony theft or grand theft;

(2)   Felony passing of a bogus, stolen, fraudulent or counterfeit check;

(3)   A felony involving a controlled substance;

(4)   A felony involving a firearm;

(5)   Forgery or counterfeiting;

(6)   Forgery of or fraudulent use of a credit card;

(7)   A felony involving the theft of the identity of another;

(8)   A felony involving fraud or embezzlement;

(9)   Insurance or public assistance fraud;

(10)   Any felony other than a "disqualifying crime" determined by the Construction Industries Board Administrator to be an offense which constitutes the theft, damage or destruction of property of another;

(11)   Any felony other than a "disqualifying crime" determined by the Construction Industries Board Administrator to be an offense which constitutes the infliction of physical harm on another person; or

(12)   Attempt, conspiracy, accessory after the fact or aiding and abetting to commit any disqualifying five-year crime.

(i)   An individual who has been convicted of a disqualifying crime as set forth in (g) or (h) of this Section shall be denied an electrical license alarm endorsement. Written notice of said denial shall be issued by the Construction Industries Board Administrator after completion and review of the individual's national criminal history record check. An individual has ten (10) business days after receipt of the denial to appeal said denial in writing to the Construction Industries Board Administrator. The Construction Industries Board Administrator shall issue a written decision to said appeal within ten (10) business days after receiving same. The Administrator's decision may be appealed to the Electrical Hearing Board within ten (10) business days after receipt of the Administrator's written decision. An appeal of a denial of an electrical license alarm endorsement to the Electrical Hearing Board shall be governed by Article II of the Administrative Procedures Act, 75 O.S. § 308a, et seq.

(j)   Work performed under alarm endorsement shall continue to meet the ratio requirement as set forth in OAC 158:40-5-1 (b) and (c).

[Source: Added at 19 Ok Reg 726, eff 1-22-02 (emergency); Added at 19 Ok Reg 1269, eff 5-28-02; Amended at 26 Ok Reg 2454, eff 7-11-09; Amended at 27 Ok Reg 2083, eff 7-11-10; Amended at 31 Ok Reg 907, eff 9-12-14; Amended at 32 Ok Reg 1625, eff 9-11-15; Amended at 35 Ok Reg 921, eff 10-1-18; Amended at 36 Ok Reg 1412, eff 10-1-19]