An Act relative to the adjudicative process for the Board of State Examiners of Electricians

194th Legislature (2025-2026) Introduced by Mike Kushmerek

The bill reforms the electrician adjudicative process by opening dispute hearings, defining faulty work to NEC and standards, and requiring refunds of client deposits when work fai

Summary: An Act relative to the adjudicative process for the Board of State Examiners of Electricians (HD 2539)

Purpose and intent
- The bill aims to reform the adjudicative process for the Commonwealth’s Board of State Examiners of Electricians.
- Primary goals are to increase transparency in dispute hearings and to protect consumers by clarifying what constitutes “faulty work” and by requiring deposit refunds when work does not meet standards.

Key provisions and changes

1) Public, open dispute hearings
- Dispute hearings before the Board of State Examiners of Electricians and the Board of Electricians’ Appeals would be open to the public.
- The boards must allow a member of the public who had electrical work performed by the electrician in dispute to submit a written affidavit or testimonial about the electrician’s work.

2) Definition of faulty work
- The bill inserts a definition of “faulty work” into Chapter 141, prior to the definition of “Fee.”
- Faulty work is defined as electrical work that fails to meet the applicable standards of:
- the most recently published NFPA 70 National Electrical Code (NEC),
- state regulations, or
- other industry standards,
- including work that is incomplete, defective, improperly installed, or unsafe.

3) Deposit repayment requirement (new Section 11 in Chapter 141)
- If an electrician fails to perform electrical work in accordance with applicable standards, the electrician must repay any client deposit.
- If the Board of Electricians’ Appeals determines that the electrician’s work was faulty, the electrician must reimburse the client the full deposit or any other advanced payment within 30 days of that determination.

Affected parties

Electricians licensed by the Massachusetts Board of State Examiners of Electricians.

Clients and consumers who hire electricians.

Public participants who may provide affidavits/testimonials in dispute proceedings.

The Board and the Board of Electricians’ Appeals, which would administer the hearings and determinations under the amended framework.

Procedural and timeline aspects

Hearings: Dispute proceedings would be open to the public, with an opportunity for public affidavits/testimonials.

Deposits: When a finding of faulty work is made, refunds must be issued within 30 days of the determination.

Governing standards: Faulty work is judged against NEC standards, state regulations, and other industry standards as applicable.

Status and notes

The bill was introduced as House Petition 418, filed January 16, 2025, by Representative Michael P. Kushmerek (Fitchburg).

The provided text does not include a final enacted status; as a proposed bill, its fate would depend on committee action and legislative approval in the 2025-2026 session.

The overview reflects the substantive changes proposed in the bill text as written.