Continuing education for electricians and plumbers

(a) Definitions. As used in this section: (1) "Commissioner" means the Commissioner of Consumer Protection; (2) "Instructor" means: (A) any person who holds a current, appropriate trade license issued by the Department of Consumer Protection, has at least five years of practical experience in the appropriate trade, and has been approved by the commissioner, with the advice of the appropriate Board; or (B) a professional or a teacher in a specified area of law or the appropriate trade, approved by the commissioner, with the advice of the appropriate Board; and (3) "Provider" means any public or private school, trade union or trade association that regularly provides courses that meet the criteria as set forth in subsection (b) of this section. (b) Course approval. (1) Each provider intending to offer continuing education courses shall submit a formal filing for each course to the commissioner for approval. (2) The filing for each course shall include, but not be limited to, the following: (A) a course outline; (B) a listing of all reference materials to be utilized; (C) the names, addresses, license numbers, and qualifications of each instructor; and (D) contact information for each provider. (3) All course filings shall be submitted on an annual basis. Course approvals shall only be valid for one year from date of approval. (4) Each provider shall obtain approval from the commissioner for any changes to an approved course. The commissioner may request the provider to change the contents of an approved course if changes have been made to the statutes, regulations or other standards concerning the appropriate trade. (5) The content of continuing education courses shall consist of applicable trade laws and practices that are broad-based and essential to the role of a licensee as the licensee acts in the best interest of the consumer. Courses shall directly relate to trade principles and practices of the applicable trade. (6) The commissioner shall not approve any continuing education courses in the area of office and business skills such as typing, speed-reading, memory development, personal motivation, salesmanship, sales psychology, or for sales promotions or other meetings held in conjunction with the general business of a trade contractor. (c) Notification of course offering; course locations. (1) Each provider conducting an approved course shall, prior to the scheduled date of each course, submit to the commissioner a schedule of the dates, hours, and locations for each course to be offered. No courses shall commence or be advertised as approved, without prior written approval of the commissioner. There shall be no change or alteration in any approved course without prior written notice and approval of the commissioner. Course approval may be withdrawn for failure to comply with the provisions of this section. (2) Each continuing course shall be conducted in a classroom-style facility and an environment which is adequate to implement the offering. No correspondence courses shall be permitted. No provider shall use a classroom until an approval certificate has been issued by the local Fire Marshal indicating compliance for such use. (d) Minimum continuing education hours. (1) Electrical licensees, as a condition of license renewals commencing on and after October 1, 2004, shall take at least seven (7) credit hours of continuing education courses each year prior to renewal of their licenses. The following areas of study, with an emphasis on recent changes or updates, shall be acceptable: (A) Licensing or business law and regulations applicable to the electrical trade; (B) the current State of Connecticut Building Codes and Standards applicable to the electrical trade; (C) construction safety; and (D) any areas recommended by the commissioner or the Electrical Work Examining Board. (2) (A) Plumbing licensees, as a condition of license renewals commencing on and after November 1, 2007, shall comply with the following continuing education requirements: (i) Plumbing and Piping unlimited contractors, as a condition of license renewals in any even-numbered year, shall take seven (7) hours of continuing education courses during the two-year period prior to renewal of the license. (ii) Plumbing and Piping limited contractors, as a condition of license renewals in any even-numbered year, shall take five (5) hours of continuing education courses during the two-year period prior to renewal of the license. (iii) Plumbing and Piping unlimited journeypersons, as a condition of license renewals in any odd-numbered year, shall take five (5) hours of continuing education courses during the two-year period prior to renewal of the license. (iv) Plumbing and Piping limited journeypersons, as a condition of license renewals in any odd-numbered year, shall take three (3) hours of continuing education courses during the two-year period prior to renewal of the license. (B) The following areas of study, with an emphasis on recent changes or updates, shall be acceptable: (i) Licensing or business law and regulations applicable to the plumbing and piping trade; (ii) the current State of Connecticut Building Codes and Standards applicable to the plumbing and piping trade; and (iii) any areas recommended by the commissioner or the State Plumbing and Piping Work Examining Board. (3) All continuing education courses shall be applicable to the specific license types and categories, and shall meet with the final approval of the commissioner. The commissioner shall publish the required number of hours for each license type on the website of the Department of Consumer Protection. (4) Courses completed prior to approval by the commissioner shall not qualify for continuing education hours. (5) A licensee shall not be required to comply with the continuing education requirements of this section for the licensee's first license renewal. (6) A licensee shall submit proof of compliance with continuing education requirements upon the request of the commissioner. (e) Advertising. All providers advertising continuing education courses shall comply with the following requirements: (1) All advertising and notices shall not be deceptive or misleading and shall reveal significant facts, the concealment of which would mislead the public. (2) Providers shall substantiate claims made in any advertisement upon request of the commissioner. (3) All advertising and written or oral statements shall avoid the use of exaggerated or unproven claims or misrepresentations. (4) No unfounded guarantee shall be offered. All notices shall clearly and conspicuously disclose the full nature of services offered. (5) False or misleading claims as to tuition and other course costs are prohibited. (6) Material containing testimonials shall be clearly limited to those individuals reflecting their own personal experiences. (7) Providers shall not use the wording "Approved by the Commissioner" or other like wording. The following wording may be used: "This course meets the minimum requirements as set forth by the Commissioner." The type size for the wording of this statement shall be no larger than the smallest type size used in the advertisement. (f) Records. (1) All providers conducting approved courses shall keep and retain complete records of student attendance and documentation of completion for a period of at least four (4) years after the completion of each course. Such records shall be available for inspection by the commissioner. Upon satisfactory completion of any approved course, the provider, as prescribed by the commissioner, shall furnish an approved certificate to the licensee student. (2) The burden of proof of completion of each course shall be upon the licensee. A licensee who applies for renewal of a license shall retain all certificates of approved continuing education units for a period of at least four (4) years after the completion of each course. A licensee shall, upon request of the commissioner, and to satisfy the results of a random audit, make such certificates available to the commissioner, or a third party designated by the commissioner, for purposes of verification. (3) The provider shall submit to the commissioner the names, addresses, and license numbers of all persons who successfully complete an approved continuing education course. Documentation of such courses shall be submitted in such manner and at such times and locations as prescribed by the commissioner. (g) Equivalent continuing education. The commissioner, with the advice of the appropriate Board, may consider and approve, on an individual basis, any other educational course taken by the licensee in lieu of approved courses. Any such course shall meet the standards established by section 20-334d-1(b)(5). Evidence of such courses must be submitted 120 days prior to license renewal. (h) Hardship. (1) Upon appropriate showing of a bona fide health or other individual hardship, the commissioner may consider an exception to the continuing education requirements. A loss of income resulting from cancellation of a license is not a bona fide hardship. (2) Requests for exceptions shall be submitted in writing and shall include an explanation and verification of the hardship. (i) Hearings on denial of instructor or course approval. (1) Upon the refusal of the commissioner to approve an instructor or a continuing education course, or upon the decision of the commissioner to withdraw such approval, the commissioner shall notify the provider of the denial or withdrawal, and of the right to request a hearing within fifteen (15) days from the date of mailing of the notice. (2) In the event the applicant requests a hearing within such fifteen (15) days, the commissioner shall give notice of the grounds for refusal or withdrawal, and shall conduct a hearing in accordance with the provisions of chapter 54 of the Connecticut General Statutes concerning contested matters. (j) Forms. Applications for instructor and course approval shall be made on forms prescribed by the commissioner.