Sec. 20-332e. Hiring ratio relief. Applications, criteria, procedure and decisions.
Sec. 20-340. Exemptions from licensing requirements.
Sec. 20-341. Penalties for violations. Enforcement.
Sec. 20-332b. Hiring ratios re apprentices, journeypersons and contractors. Electrical, plumbing, heating, piping and cooling, sprinkler fitter and sheet metal work. Relief. Regulations. (a) The following allowable hiring ratios shall apply to apprentices, journeypersons and contractors for the following trades:
TRADE |
|
Electrical, Plumbing, Heating, Piping and Cooling, |
|
Apprentices |
Licensees |
1 |
1 |
2 |
2 |
3 |
3 |
4 |
6 |
5 |
9 |
6 |
12 |
7 |
15 |
8 |
18 |
9 |
21 |
10 |
24 |
Ratio continues at 3 Journeypersons |
|
(b) (1) Notwithstanding the provisions of subsection (a) of this section, a licensed contractor may hire one or more additional apprentices even if the licensed contractor does not employ a sufficient number of licensees to satisfy the applicable allowable hiring ratio established in subsection (a) of this section, provided:
(A) The licensed contractor submits a ratio relief application to the Department of Consumer Protection, in a form and manner prescribed by the Commissioner of Consumer Protection, for such additional apprentice or apprentices, which application shall include, at a minimum:
(i) The name and contact information of the licensed contractor;
(ii) The name and contact information of the licensed and registered apprentices currently employed by the licensed contractor;
(iii) The name and contact information of each such additional apprentice, if known by the licensed contractor;
(iv) Information demonstrating that the criteria established in subparagraph (A) of subdivision (2) of this subsection or pursuant to subsection (a) of section 20-332e have been satisfied;
(v) A statement disclosing whether the Department of Consumer Protection has taken any disciplinary action against the licensed contractor during the three-year period immediately preceding the date of such application, and, if so, a description of such disciplinary action;
(vi) A statement disclosing whether the Labor Department has taken any enforcement action against the licensed contractor pursuant to chapter 558 during the three-year period immediately preceding the date of such application, and, if so, a description of such enforcement action;
(vii) A copy of each notice of termination of an apprenticeship agreement that the licensed contractor submitted to the Labor Department during the three-year period immediately preceding the date of such application;
(viii) If during the three-year period immediately preceding the date of such application a state agency authorized the licensed contractor to hire one or more apprentices in excess of the applicable allowable hiring ratio established in subsection (a) of this section, an attestation from the licensed contractor that (I) the state agency authorized the licensed contractor to hire such apprentice or apprentices during such three-year period, (II) the licensed contractor continues to employ such apprentice or apprentices or offered to rehire such apprentice or apprentices prior to the date of such application, and (III) the licensed contractor did not terminate the employment of such apprentice or apprentices for any reason other than that a position with the licensed contractor was unavailable; and
(ix) Any other information the Commissioner of Consumer Protection, in the commissioner's discretion, deems relevant for the purposes of this subsection; and
(B) The ratio relief application submitted to the department pursuant to subparagraph (A) of this subdivision is approved in the manner set forth in subparagraph (A) of subdivision (2) of this subsection or subdivision (1) of subsection (b) of section 20-332e.
(2) (A) If the commissioner or the commissioner's designee determines that the licensed contractor employs a combination of not more than eight journeypersons and contractors including such licensed contractor, and the applicant attests that the Labor Department has not taken any enforcement action against the licensed contractor pursuant to chapter 558 during the three-year period immediately preceding the date of such application, the commissioner or such designee shall render a decision approving such application, provided the licensed contractor:
(i) Seeks to hire one or more additional apprentices at a ratio that does not exceed one apprentice to one journeyperson or contractor;
(ii) Attests that at least one such apprentice is enrolled in a qualified apprenticeship training program that is offered by a school in the Technical Education and Career System established under section 10-95, unless the licensed contractor made a good faith effort to seek out an apprentice enrolled in such a program and such effort was unsuccessful; and
(iii) Attests that the licensed contractor is suffering from an undue operational hardship due to the applicable allowable hiring ratio established in subsection (a) of this section.
(B) The commissioner or the commissioner's designee shall send notice of the decision rendered under subparagraph (A) of this subdivision to the licensed contractor in a form and manner prescribed by the commissioner not later than ten business days after the department received such application.
(C) Each decision rendered under subparagraph (A) of this subdivision shall be a final decision for the purposes of section 4-183.
(3) If the commissioner or the commissioner's designee determines, after reviewing the application submitted pursuant to subparagraph (A) of subdivision (1) of this subsection, that the licensed contractor employs a combination of more than eight journeypersons and contractors including such licensed contractor, that the Labor Department has taken any enforcement action against the licensed contractor pursuant to chapter 558 during the three-year period immediately preceding the date of such application or that the licensed contractor otherwise does not satisfy the criteria set forth in subdivision (2) of this subsection, the commissioner or such designee shall refer such application to the appropriate examining board established under section 20-331.
(4) The Commissioner of Consumer Protection may, in accordance with the provisions of chapter 54, amend any regulations adopted pursuant to section 20-332 to effectuate the provisions of this subsection.
(P.A. 10-27, S. 1; P.A. 17-76, S. 2; P.A. 25-47, S. 1.)
History: P.A. 10-27 effective May 10, 2010; P.A. 17-76 amended licensee numbers corresponding to apprentice numbers 3 to 10, effective June 27, 2017; P.A. 25-47 designated existing provisions as Subsec. (a) and amended same by replacing provision re amendment of regulations adopted pursuant to Sec. 20-332 with provisions establishing allowable hiring ratios and making technical and conforming changes and added Subsec. (b) re relief from allowable hiring ratios.
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Sec. 20-332e. Hiring ratio relief. Applications, criteria, procedure and decisions. (a)(1) Not later than February 1, 2026, each examining board established under section 20-331 shall establish a set of criteria for the purpose of determining whether good cause exists for such board to approve the ratio relief applications referred to such board pursuant to subdivision (3) of subsection (b) of section 20-332b. Such criteria shall include, but need not be limited to, criteria for the review of any such application submitted by a licensed contractor against whom the Labor Department has taken enforcement action pursuant to chapter 558.
(2) Each examining board may amend the criteria established pursuant to subdivision (1) of this subsection not more frequently than once per calendar year.
(3) The Commissioner of Consumer Protection shall post all criteria established pursuant to subdivision (1) of this subsection, as such criteria may be amended pursuant to subdivision (2) of this subsection, on the Department of Consumer Protection's Internet web site.
(b) (1) Not later than ninety days after the Commissioner of Consumer Protection refers a ratio relief application to the appropriate examining board pursuant to subdivision (3) of subsection (b) of section 20-332b, such board shall (A) determine, on the basis of the criteria posted on the Department of Consumer Protection's Internet web site pursuant to subdivision (3) of subsection (a) of this section, whether good cause exists to approve such application, (B) based on such determination, render a decision approving or rejecting such application, and (C) send notice to the applicant disclosing such board's decision and the basis for such board's determination regarding the existence or nonexistence of good cause.
(2) Each decision rendered under subdivision (1) of this subsection shall be (A) a final decision for the purposes of section 4-183, and (B) exempt from the provisions of subsection (b) of section 21a-7 and subsection (d) of section 21a-9.
(P.A. 25-47, S. 2.)
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Sec. 20-333. Requirements for licensure. Examinations. Denial or issuance pursuant to consent order. Fees. (a) To obtain a license under this chapter, an applicant shall have attained such applicant's eighteenth birthday and shall furnish such evidence of competency as the appropriate board or the Commissioner of Consumer Protection shall require. A recommendation for review issued pursuant to section 31-22u shall be sufficient to demonstrate such competency. The applicant shall satisfy such board or the commissioner that such applicant possesses a diploma or other evidence of graduation from the eighth grade of grammar school, or possesses an equivalent education to be determined on examination and has the requisite skill to perform the work in the trade for which such applicant is applying for a license and can comply with all other requirements of this chapter and the regulations adopted under this chapter. A recommendation for review issued pursuant to section 31-22u shall be sufficient to demonstrate that an applicant possesses such requisite skill and can comply with all other requirements of this chapter and the regulations adopted under this chapter. For any application submitted pursuant to this section that requires a hearing or other action by the applicable examining board or the commissioner, such hearing or other action by the applicable examining board or the commissioner shall occur not later than thirty days after the date of submission for such application. Upon application for any such license, the applicant shall pay to the department a nonrefundable application fee of ninety dollars for a license under subdivisions (2) and (3) of subsection (a) and subdivision (4) of subsection (e) of section 20-334a, or a nonrefundable application fee of one hundred fifty dollars for a license under subdivision (1) of subsection (a), subdivisions (1) and (2) of subsection (b), subdivision (1) of subsection (c) and subdivisions (1), (2) and (3) of subsection (e) of section 20-334a. Any such application fee shall be waived for persons who present a recommendation for review issued pursuant to section 31-22u.
(b) The department shall conduct such written, oral and practical examinations as the appropriate board, with the consent of the commissioner, deems necessary to test the knowledge of the applicant in the work for which a license is being sought. The department shall allow any applicant, who has not participated in a registered apprenticeship program, as set forth in section 31-22r, but either presents a recommendation for review issued pursuant to section 31-22u or demonstrates to the department, in consultation with the applicable board, equivalent experience and training, to sit for any such examination. Any person completing the required apprentice training program for a journeyman's license under section 20-334a shall, not later than thirty days after completing such program, apply for a licensure examination given by the department or a person authorized by the department to give such examination. If an applicant does not pass such licensure examination, the commissioner shall provide each failed applicant with information on how to retake the examination and a report describing the applicant's strengths and weaknesses in such examination. Any apprentice permit issued under section 20-334a to an applicant who fails three licensure examinations in any one-year period shall remain in effect if such applicant applies for and takes the first licensure examination given by the department following the one-year period beginning on the date of such applicant's third and last unsuccessful licensure examination. Otherwise, such permit shall be revoked as of the date of the first examination given by the department following expiration of such one-year period. Upon application to the department for an initial license under the provisions of this chapter, an applicant shall submit evidence of successful completion of the applicant's final licensure examination, which successful completion shall occur not more than two years prior to the date of the relevant licensure application, unless the appropriate board grants a hardship extension of such two-year period.
(c) The Commissioner of Consumer Protection, subject to section 46a-80, may deny a license or may issue a license pursuant to a consent order containing conditions that shall be met by the applicant if the applicant reports that he or she has been found guilty or convicted as a result of an act which constitutes a felony under (1) the laws of this state at the time of application for such license, (2) federal law at the time of application for such license, or (3) the laws of another jurisdiction, and which, if committed within this state, would constitute a felony under the laws of this state.
(d) When an applicant has qualified for a license, the department shall, upon receipt of the license fee or upon waiver of such fee pursuant to section 20-335, issue to such applicant a license entitling such applicant to engage in the work or occupation for which a license was sought and shall register each successful applicant's name and address in the roster of licensed persons authorized to engage in the work or occupation within the appropriate board's authority. All fees and other moneys collected by the department shall be promptly transmitted to the State Treasurer as provided in section 4-32.
(February, 1965, P.A. 493, S. 4; 1967, P.A. 789, S. 4; P.A. 77-614, S. 186, 610; P.A. 81-361, S. 23, 39; P.A. 82-93; 82-419, S. 23, 47; 82-439, S. 2, 7; 82-472, S. 90, 183; P.A. 83-426, S. 2; 83-487, S. 14; P.A. 87-588, S. 4, 8; P.A. 89-251, S. 131, 203; P.A. 94-36, S. 17, 42; P.A. 98-3, S. 26; P.A. 99-170, S. 3; 99-253, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1; June Sp. Sess. P.A. 09-3, S. 244; P.A. 10-9, S. 11; Oct. Sp. Sess. P.A. 11-1, S. 75; P.A. 14-131, S. 5; P.A. 16-185, S. 32; P.A. 21-152, S. 5; P.A. 25-111, S. 6.)
History: 1967 act changed technical language of statute, provided examination notice specify time and place of examination and be written, required applicant be 20 years of age and furnish evidence of competency, provided application to board be for license rather than certificate of registration and that stated qualifications apply to applicant for such license rather than for certificate and specified license be issued on receipt of license fee; P.A. 77-614 transferred some powers formerly held by boards to department of consumer protection, including actual conduct of examinations, required consumer protection commissioner's consent for evidence of competency and for content of examinations and referred to regulations established under chapter rather than to regulations of boards, effective January 1, 1979; P.A. 81-361 provided that application fees are nonrefundable, eliminated the requirement that applicants take the first examination given after their application and clarified the requirement that fees are payable to the department and not the boards; P.A. 82-93 amended section to reduce age requirement from 20 to 18; P.A. 82-419 changed “certificate” to “license”; P.A. 82-439 divided section into two subsections, set application fee of $25 for solar licenses under Sec. 20-334a and required department of consumer protection to assume responsibilities of boards under Subsec. (a) with respect to solar license applicants, effective October 1, 1983; P.A. 82-472 rephrased several provisions of the section; P.A. 83-426 deleted Subsec. (b), which required department to assume responsibilities of boards under Subsec. (a) with respect to solar license applicants; P.A. 83-487 amended Subsec. (a) to establish a time limit for use of apprentice permits expiring 2 years after the date of first examination for a journeyman's license; P.A. 87-588 required the commissioner of consumer protection to provide each failed applicant with information on how to retake the exam and a report describing the applicant's strengths and weaknesses in such exam, effective July 1, 1988; P.A. 89-251 increased the application fee for licenses under Sec. 20-334a(a)(2) and (3) from $15 to $45 and for other licenses from $25 to $75; P.A. 94-36 eliminated references to biennial licensing and a specific license renewal date, effective January 1, 1995; P.A. 98-3 made technical changes; P.A. 99-170 made gender neutral changes and made the application fees for limited contractor licenses, solar contractor licenses, solar journeyman licenses and fire protection sprinkler contractor licenses nonrefundable; P.A. 99-253 made technical and gender neutral changes and added provision specifying amount of nonrefundable application fee for contractor and journeymen sheet metal work licenses; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; June Sp. Sess. P.A. 09-3 increased fees from $45 to $90 and from $75 to $150; P.A. 10-9 deleted provisions re minimum of 4 examinations to be held per year, re 2 additional examinations that applicant may take during 1-year period and re forfeiture of application fee for applicants who fail to appear for 3 successive examinations for which written notice has been sent, effective May 5, 2010; Oct. Sp. Sess. P.A. 11-1 added provision re 30-day deadline for hearing or other action by examining board re application, effective October 27, 2011; P.A. 14-131 added provisions re recommendation for review issued pursuant to Sec. 31-22u and added “or upon waiver of such fee pursuant to section 20-335” re issuance of license; P.A. 16-185 designated existing provisions re obtaining license, conducting examinations and applicant qualified for license as Subsecs. (a) to (c), respectively, and amended Subsec. (a) to delete “, with the consent of” and to add “or the commissioner”, effective July 1, 2016; P.A. 21-152 amended Subsec. (a) by deleting “is of good moral character,”, added new Subsec. (c) re denial of license or issuance pursuant to a consent order and redesignated existing Subsec. (c) as Subsec. (d); P.A. 25-111 substantially amended Subsec. (b) including by adding reference to Sec. 31-22r, adding provisions re equivalent experience and training, person authorized by department to give examination and submission of evidence re successful completion of final licensure examination and making technical and conforming changes, effective June 24, 2025.
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Sec. 20-340. Exemptions from licensing requirements. The provisions of this chapter shall not apply to: (1) Persons employed by any federal, state or municipal agency; (2) employees of any public service company regulated by the Public Utilities Regulatory Authority or of any corporate affiliate of any such company when the work performed by such affiliate is on behalf of a public service company, but in either case only if the work performed is in connection with the rendition of public utility service, including the installation or maintenance of wire for community antenna television service, or is in connection with the installation or maintenance of wire or telephone sets for single-line telephone service located inside the premises of a consumer; (3) employees of any municipal corporation specially chartered by this state; (4) employees of any contractor while such contractor is performing electrical-line or emergency work for any public service company; (5) persons engaged in the installation, maintenance, repair and service of electrical or other appliances of a size customarily used for domestic use where such installation commences at an outlet receptacle or connection previously installed by persons licensed to do the same and maintenance, repair and service is confined to the appliance itself and its internal operation; (6) employees of industrial firms whose main duties concern the maintenance of the electrical work, plumbing and piping work, solar thermal work, heating, piping, cooling work, sheet metal work, elevator installation, repair and maintenance work, automotive glass work or flat glass work of such firm on its own premises or on premises leased by it for its own use; (7) employees of industrial firms when such employees' main duties concern the fabrication of glass products or electrical, plumbing and piping, fire protection sprinkler systems, solar, heating, piping, cooling, chemical piping, sheet metal or elevator installation, repair and maintenance equipment used in the production of goods sold by industrial firms, except for products, electrical, plumbing and piping systems and repair and maintenance equipment used directly in the production of a product for human consumption; (8) persons performing work necessary to the manufacture or repair of any apparatus, appliances, fixtures, equipment or devices produced by it for sale or lease; (9) employees of stage and theatrical companies performing the operation, installation and maintenance of electrical equipment if such installation commences at an outlet receptacle or connection previously installed by persons licensed to make such installation; (10) employees of carnivals, circuses or similar transient amusement shows who install electrical work, provided such installation shall be subject to the approval of the State Fire Marshal prior to use as otherwise provided by law and shall comply with applicable municipal ordinances and regulations; (11) persons engaged in the installation, maintenance, repair and service of glass or electrical, plumbing, fire protection sprinkler systems, solar, heating, piping, cooling and sheet metal equipment in and about single-family residences owned and occupied or to be occupied by such persons; provided any such installation, maintenance and repair shall be subject to inspection and approval by the building official of the municipality in which such residence is located and shall conform to the requirements of the State Building Code; (12) persons who install, maintain or repair glass in a motor vehicle owned or leased by such persons; (13) persons or entities holding themselves out to be retail sellers of glass products, but not such persons or entities that also engage in automotive glass work or flat glass work; (14) persons who install preglazed or preassembled windows or doors in residential buildings; (15) persons registered under chapter 400 who install safety-backed mirror products or repair or replace flat glass in sizes not greater than thirty square feet in residential buildings; (16) sheet metal work performed in residential buildings consisting of six units or less by new home construction contractors registered pursuant to chapter 399a, by home improvement contractors registered pursuant to chapter 400 or by persons licensed pursuant to this chapter, when such work is limited to exhaust systems installed for hoods and fans in kitchens and baths, clothes dryer exhaust systems, radon vent systems, fireplaces, fireplace flues, masonry chimneys or prefabricated metal chimneys rated by Underwriters Laboratories or installation of stand-alone appliances including wood, pellet or other stand-alone stoves that are installed in residential buildings by such contractors or persons; (17) employees of or any contractor employed by and under the direction of a properly licensed solar contractor, performing work limited to the hoisting, placement and anchoring of solar collectors, photovoltaic panels, towers or turbines; (18) persons performing swimming pool maintenance and repair work authorized pursuant to section 20-417aa; and (19) any employee of the Connecticut Airport Authority covered by a state collective bargaining agreement.
(February, 1965, P.A. 493, S. 9; 1967, P.A. 199, S. 1; 789, S. 12; 1972, P.A. 7; P.A. 75-464; 75-486, S. 1, 52, 69; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 176, 348; P.A. 82-439, S. 5, 7; P.A. 83-426, S. 5; P.A. 87-588, S. 6, 8; P.A. 88-178, S. 1, 3; P.A. 96-21, S. 1, 3; P.A. 98-3, S. 34; P.A. 99-170, S. 5; 99-253, S. 6; P.A. 03-59, S. 1; 03-83, S. 3; 03-261, S. 2; P.A. 05-88, S. 2; 05-211, S. 4; P.A. 07-242, S. 48; P.A. 08-44, S. 2; P.A. 11-80, S. 1; June 12 Sp. Sess. P.A. 12-2, S. 62; P.A. 14-199, S. 10; P.A. 25-168, S. 143.)
History: 1967 acts updated statute to conform with Sec. 20-330, substituted title public service company for public utilities, added as exemption corporate affiliates of public service companies and added exemptions for employees of municipal corporations, employees of contractors performing work subject to government inspection, persons performing electrical work in connection with domestic use, persons manufacturing or repairing mechanisms produced for sale or lease, employees of stage and theatrical companies doing electrical work and employees of carnivals, circuses, etc. doing electrical work; 1972 act provided exemption for persons doing electrical work in single-family residences; P.A. 75-464 amended Subdiv. (4) to specify “electrical-line or emergency” work and to delete reference to work “subject to inspection by any federal, state or municipal agency or corporation other than a municipal building department”; P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 77-614 replaced public utilities control authority with division of public utility control within the department of business regulation, effective January 1, 1979; P.A. 80-482 made division of public utility control an independent department and deleted reference to abolished department of business regulation; P.A. 82-439 applied exemptions under Subdivs. (6), (7) and (11) to solar work, effective April 1, 1984; P.A. 83-426 changed effective date of P.A. 82-439 with respect to this section from April 1, 1984, to July 1, 1984; P.A. 87-588 amended Subdivs. (7) and (11) by extending the provisions of said Subdivs. to fire protection sprinkler systems, effective July 1, 1988; P.A. 88-178 amended Subdiv. (2) to expand the exemption to include the installation and maintenance of single-line telephone equipment; P.A. 96-21 added reference to installation or maintenance of wire for community antenna television service in Subdiv. (2), effective April 29, 1996; P.A. 98-3 made technical changes; P.A. 99-170 amended Subdiv. (6) to exempt employees of industrial firms primarily involved in maintaining automotive glass work or flat glass work, amended Subdiv. (7) to exempt the fabrication of glass products, amended Subdiv. (11) to exempt persons engaged in installing, maintaining, repairing and servicing glass equipment in and about single-family residences and added new Subdivs. (12) to (15) to exempt automotive glass workers who perform such work on vehicles owned or leased by such persons, retail sellers of glass products, installers of preglazed or preassembled windows or doors for residential or commercial buildings and registered home improvement contractors who install safety-backed mirror products or repair or replace flat glass of less than 30 square feet in size in residential buildings; P.A. 99-253 amended Subdivs. (6), (7) and (11) to replace references to heating, piping and cooling with references to heating, piping, cooling and sheet metal; P.A. 03-59 added Subdiv. (16) re exemptions for sheet metal work performed in residential buildings of six units or less by new home construction contractors, home improvement contractors and new home construction contractors, subject to certain limitations; P.A. 03-83 amended Subdiv. (7) to specify that fabrication of products, electrical, plumbing and piping systems and repair and maintenance equipment used directly in the production of a product for human consumption are not exempt from the provisions of Ch. 393; P.A. 03-261 amended Subdiv. (7) to specify that provisions thereof apply to employees of industrial firms when such employees' main duties are concerned with specified activities; P.A. 05-88 amended Subdiv. (7) to include chemical piping; P.A. 05-211 amended Subdiv. (6) to change “solar work” to “solar thermal work”; P.A. 07-242 added Subdiv. (17) re solar contractors, effective June 4, 2007; P.A. 08-44 added Subdiv. (18) re exemption for persons performing swimming pool maintenance and repair work, effective May 7, 2008; pursuant to P.A. 11-80, “Department of Public Utility Control” was changed editorially by the Revisors to “Public Utilities Regulatory Authority” in Subdiv. (2), effective July 1, 2011; June 12 Sp. Sess. P.A. 12-2 made a technical change in Subdiv. (16); P.A. 14-199 added Subdiv. (19) re any employee of the Connecticut Airport Authority covered by a state collective bargaining agreement, effective June 12, 2014; P.A. 25-168 amended Subdiv. (14) by deleting “or commercial” before “buildings”, effective July 1, 2025.
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Sec. 20-341. Penalties for violations. Enforcement. (a)(1) Any person who wilfully engages in or practices the work or occupation for which a license is required by this chapter or chapter 399b without having first obtained an apprentice permit or a certificate and license for such work, as applicable, or who wilfully employs or supplies for employment a person who does not have a certificate and license for such work, or who wilfully and falsely pretends to qualify to engage in or practice such work or occupation, including, but not limited to, offering to perform such work in any print, electronic, television or radio advertising or listing when such person does not hold a license for such work as required by this chapter, or who wilfully engages in or practices any of the work or occupations for which a license is required by this chapter after the expiration of such person's license, shall be guilty of a class B misdemeanor, except that no criminal charges shall be instituted against such person pursuant to this subdivision unless the work activity in question is reviewed by the Commissioner of Consumer Protection, or the commissioner's authorized agent, and the commissioner or such agent specifically determines, in writing, that such work activity requires a license and is not the subject of a bona fide dispute between persons engaged in any trade or craft, whether licensed or unlicensed. Notwithstanding the provisions of subsection (d) or (e) of section 53a-29 and subsection (d) of section 54-56e, if the court determines that such person cannot fully repay any victims of such person within the period of probation established in subsection (d) or (e) of section 53a-29 or subsection (d) of section 54-56e, the court may impose probation for a period of not more than five years. The penalty provided in this subdivision shall be in addition to any other penalties and remedies available under this chapter or chapter 416.
(2) The Commissioner of Consumer Protection may order any person who is not registered as an apprenticeship sponsor with the Labor Department and who advertises, offers, engages in or practices the work of a program of apprenticeship training for the purpose of providing the experience necessary to obtain a journeyperson's license under this chapter without first registering such program with the Labor Department pursuant to sections 31-22m to 31-22v, inclusive, to immediately cease and desist such advertising, offer, engagement or practice until such person and program are properly registered with the Labor Department pursuant to sections 31-22m to 31-22v, inclusive. The Commissioner of Consumer Protection may, after a hearing held in accordance with chapter 54, impose a fine in an amount not to exceed five thousand dollars for each violation of this subdivision.
(3) The Commissioner of Consumer Protection may order any person who is registered as an apprenticeship sponsor with the Labor Department to provide a program of apprenticeship training pursuant to sections 31-22m to 31-22v, inclusive, for the purpose of providing the experience necessary to obtain a journeyperson's license under this chapter and who employs an individual as an apprentice without first verifying that such individual is registered as an apprentice under this chapter to immediately cease and desist any conduct for which an apprenticeship registration is required under this chapter. The commissioner may, after a hearing held in accordance with chapter 54, impose a fine in an amount not to exceed five thousand dollars for each violation of this subdivision.
(4) The appropriate examining board or the Commissioner of Consumer Protection may, after notice and a hearing conducted in accordance with chapter 54, impose a civil penalty for each violation on any person who (A) engages in or practices the work or occupation for which a license or apprentice registration certificate is required by this chapter, chapter 394, chapter 399b or chapter 482 without having first obtained such a license or certificate, (B) wilfully employs or supplies for employment a person who does not have such a license or certificate or who wilfully and falsely pretends to qualify to engage in or practice such work or occupation, (C) engages in or practices any of the work or occupations for which a license or certificate is required by this chapter, chapter 394, chapter 399b or chapter 482 after the expiration of the license or certificate, or (D) violates any of the provisions of this chapter, chapter 394, chapter 399b or chapter 482 or the regulations adopted pursuant thereto. Such penalty shall be in an amount not to exceed three thousand dollars for each violation of this subdivision, except that any individual employed as an apprentice but improperly registered shall not be penalized for a first offense.
(5) If an examining board or the Commissioner of Consumer Protection imposes a civil penalty under the provisions of subdivision (4) of this subsection as a result of a violation initially reported by a municipal building official in accordance with subsection (c) of section 29-261, the commissioner shall, not less than sixty days after collecting such civil penalty, remit one-half of the amount collected to such municipality.
(6) A violation of any of the provisions of this chapter shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.
(7) This section shall not apply to any person who (A) holds a license issued under this chapter, chapter 394, chapter 399b or chapter 482 and performs work that is incidentally, directly and immediately appropriate to the performance of such person's trade where such work commences at an outlet, receptacle or connection previously installed by a person holding the proper license, or (B) engages in work that does not require a license under this chapter, chapter 394, chapter 399b or chapter 482.
(b) (1) The Department of Consumer Protection may issue a notice of violation against a person following an inspection of any place or premises, performed in accordance with section 21a-11, where the department discovers one or more of the following violations: (A) Offering or performing work that requires a credential under this chapter without the appropriate credential, in violation of section 20-334, (B) failure to comply with the allowable hiring ratios set forth in section 20-332b, (C) failure to obtain an apprentice registration certificate for one or more persons as required by applicable law, or (D) failure to obtain a permit as required by applicable law.
(2) (A) If the Department of Consumer Protection determines that a person has failed to correct all violations for which a notice of violation was issued pursuant to subdivision (1) of this subsection, the department may issue a stop work order against such person requiring the cessation of the practice of the trade or occupation for which a credential is required under this chapter, at the place or premises where the violation was found, as set forth in the notice of violation. Such stop work order shall be effective, and such notice sufficient, when served upon such person by (i) personal service, (ii) delivery by United States mail with delivery tracking, (iii) delivery by electronic mail sent with tracking and delivery confirmation, or (iv) posting notice of the stop work order in a conspicuous location at the place or premises subject to such stop work order.
(B) A stop work order served in the manner set forth in subparagraph (A) of this subdivision shall remain in effect until the department (i) determines that the person against whom the department issued the stop work order has come into compliance with the requirements set forth in the notice of violation issued pursuant to subdivision (1) of this subsection, and (ii) issues an order releasing such stop work order (I) after a hearing decision rendered in accordance with subdivision (4) of this subsection, or (II) after a decision rendered by the commissioner or the commissioner's authorized representative pursuant to subdivision (5) of this subsection.
(3) If a person fails to comply with a stop work order following service made in accordance with the provisions of subdivision (2) of this subsection, the Department of Consumer Protection may impose on such person a fine in an amount not to exceed five hundred dollars per violation per day after such stop work order was served. Such fine shall be effective upon written notice to the person who failed to comply with the stop work order and payment of such fine shall be due to the department not later than fifteen days after such person receives such written notice. Any fine for failure to comply with a stop work order shall be deposited in the consumer protection enforcement account established in section 21a-8a.
(4) Any person who holds a credential issued by the Department of Consumer Protection pursuant to this chapter and has been served with a stop work order pursuant to subdivision (2) of this subsection may request an administrative hearing to contest such stop work order and any associated fine imposed on such person pursuant to subdivision (3) of this subsection. Such request shall be made in writing to the commissioner not more than fifteen days after such person was served with such stop work order. Such hearing shall be conducted in accordance with the provisions of chapter 54. No request for an administrative hearing made pursuant to this subdivision shall operate to toll the stop work order or any fine associated with such stop work order unless so ordered by the commissioner or the commissioner's authorized representative.
(5) (A) Any person who does not hold a credential issued by the Department of Consumer Protection pursuant to this chapter and has been served with a stop work order pursuant to subdivision (2) of this subsection may submit a petition to the commissioner to lift the stop work order on the ground that (i) an error of fact or law should be corrected, (ii) new evidence has been discovered (I) which materially affects the merits of such stop work order, and (II) which for good reasons was not presented to the department upon such person's receipt of the notice of violation, or (iii) other good cause has been shown.
(B) A petition submitted pursuant to subparagraph (A) of this subdivision shall be submitted in writing not later than fifteen days after the person was served with a stop work order pursuant to subdivision (2) of this subsection. Such petition shall not operate to toll such stop work order or any associated fine imposed on such person pursuant to subdivision (3) of this subsection unless so ordered by the commissioner or the commissioner's authorized representative. The decision of the commissioner or the commissioner's authorized representative on such petition, or the failure by the commissioner or the commissioner's authorized representative to render a decision within the fifteen-day period beginning on the date on which the commissioner or the commissioner's authorized representative received such petition, shall constitute a final decision for purposes of chapter 54 and the person may appeal therefrom in accordance with section 4-183.
(6) The commissioner or the commissioner's authorized representative may apply to the Superior Court, which court, after a hearing thereon, may issue a temporary restraining order, temporary injunction or permanent injunction (A) ordering compliance with a stop work order issued and served pursuant to subdivision (2) of this subsection, and (B) granting such other relief as may be required until the person obeys the stop work order. Any disobedience of an order issued by a court under this subdivision shall be punishable as a contempt thereof. The application for the temporary restraining order, temporary injunction, permanent injunction and for such other relief shall be brought, and the proceedings thereon conducted, by the Attorney General.
(February, 1965, P.A. 493, S. 10; 1967, P.A. 789, S. 13; P.A. 80-420, S. 3; P.A. 83-487, S. 16; June Sp. Sess. P.A. 83-22, S. 2, 4; P.A. 86-146; P.A. 89-309; P.A. 91-407, S. 24, 42; P.A. 97-263, S. 6; P.A. 99-73, S. 3; P.A. 07-188, S. 2; 07-206, S. 1; June Sp. Sess. P.A. 07-4, S. 122; P.A. 08-102, S. 2; P.A. 09-153, S. 2; P.A. 11-81, S. 2; 11-117, S. 3; P.A. 14-210, S. 2; P.A. 23-99, S. 7; P.A. 25-111, S. 7.)
History: 1967 act deleted provision for forfeiture of right to be licensed by licensee failing to comply with regulations, substituted “certificate” for “certificate of registration” and updated statute to refer to holders of licenses as well as certificates; P.A. 80-420 distinguished between penalties for person working without license or employing unlicensed person and for person pretending to be qualified for work or performing work after his license has expired, imposing civil penalty for the former and retaining previous penalty provision for the latter; P.A. 83-487 amended section to include reference to apprentice permit; June Sp. Sess. P.A. 83-22 deleted civil penalty of $500 for first offense and $1,000 for subsequent offenses previously applicable to those who work without proper permit or certificate and license and to those who wilfully employ unlicensed workers; P.A. 86-146 added Subsec. (b) authorizing examining boards to impose civil penalties; P.A. 89-309 added persons who supply persons for employment and increased the penalty from $35 to $250 for a first violation, from $50 to $500 for a second violation and from $100 to $1,000 for subsequent violations; P.A. 91-407 amended Subsec. (b) by applying provisions to those “who violate any of the provisions of chapter or the relevant regulations pursuant thereto” and increased penalties from $250 to not more than $500 for a first violation, from $500 to not more than $750 for a second violation and from $1,000 to not more than $1,500 for each violation occurring less than three years after second or subsequent violation, and exempted improperly registered apprentice from penalty; P.A. 97-263 doubled the fines in Subsecs. (a) and (b) and added Subsec. (c) requiring the examining board to remit one-half the fine to reporting municipality; P.A. 99-73 amended Subsec. (b) to include references to “chapter 394 or chapter 482”, and made a technical change; P.A. 07-188 amended Subsec. (a) by inserting references to “wilfully” engaging in work or occupation for which license is required, deleting provision re fine for violation of any other provision of chapter unless penalty is otherwise prescribed, replacing provision re fine of not more than $200 for each violation with provisions re class B misdemeanor after work activity review and determination by commissioner or authorized agent, adding provisions re period of probation and re penalty in addition to other available remedies and making technical changes, added references to Commissioner of Consumer Protection and made technical changes in Subsecs. (b) and (c), and added Subsecs. (d) re unfair or deceptive trade practice and (e) re exceptions to application of section; P.A. 07-206 amended Subsec. (a) to make a technical change, replace $200 fine with class B misdemeanor and add provision allowing court to impose probationary period of not more than 5 years if court determines violator cannot fully repay victim within specified probationary period; June Sp. Sess. P.A. 07-4 repealed P.A. 07-206, S. 1, effective June 29, 2007; P.A. 08-102 amended Subsec. (a) to replace references to “subsection (d) of section 53a-29” with “subsection (d) or (e) of section 53a-29”; P.A. 09-153 amended Subsec. (c) to restrict remission to municipality of portion of civil penalty to violations reported by municipal building official in accordance with Sec. 29-261(c), effective July 1, 2009; P.A. 11-81 added references to Ch. 399b and made technical changes, effective July 1, 2012; P.A. 11-117 amended Subsec. (a) by adding provision re offering to perform work in any print, electronic, television or radio advertising or listing; (Revisor's note: In 2013, the Revisors incorporated editorially the provision added by P.A. 11-117, S. 3, into Subsec. (a) of the version of section effective July 1, 2012, in order to reconcile the amendments made by P.A. 11-81 with the amendments made by P.A. 11-117); P.A. 14-210 amended Subsec. (a) by replacing “provided” with “except that” re institution of criminal charges, amended Subsec. (b) by adding “for each violation” re imposition of civil penalty, and made technical changes; P.A. 23-99 added new Subsec. (b) re person not registered as apprenticeship sponsor with Labor Department, added new Subsec. (c) re person registered as apprenticeship sponsor with Labor Department, redesignated existing Subsecs. (b) to (e) as Subsecs. (d) to (g), amended redesignated Subsec. (d) by adding requirement that hearing be conducted in accordance with Ch. 54, changing amount of civil penalty from not more than $1,000 for first violation, $1,500 for second violation and $3,000 for each subsequent violation to not more than $3,000 for each violation, and made technical and conforming changes in redesignated Subsecs. (d) and (e), effective June 29, 2023; P.A. 25-111 redesignated existing Subsecs. (a) to (g) as Subsec. (a)(1) to (7) and made conforming changes therein, and added Subsec. (b) re notice of violation, stop work order and fine.
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