CO Code § 12-115-115 (2021)
2021 Colorado Code|Title 12 - Professions and Occupations|Article 115 - Electricians|§ 12-115-115. Apprentices - Supervision - Registration - Discipline - Rules

  Any person may work as an apprentice but shall not do any electrical wiring for the installation of electrical apparatus or equipment for light, heat, or power except under the direct supervision of a licensed electrician. A licensed electrician shall not directly supervise more than three apprentices at a job site.    An electrical contractor, journeyman electrician, master electrician, or residential wireman who is the employer or direct supervisor of any electrical apprentice working at the trade is responsible for the work performed by the apprentice. The board may take disciplinary action against the contractor, electrician, or residential wireman under section 12-115-122 for any improper work performed by an electrical apprentice working at the trade while employed by and under the direct supervision of that person. The registration of the apprentice may also be subject to disciplinary action under section 12-115-122.      Upon employing an apprentice to work at the trade, the electrical contractor, within thirty days after the initial employment, shall register the apprentice with the board. The employer shall also remove each apprentice that is no longer employed as an apprentice from the apprenticeship program and annually notify the board of the termination of the employment.    An apprentice must be under the direct supervision of a licensed electrician as set forth in subsection (1) of this section.    By January 1, 2022, and by January 1 each year thereafter, an electrical contractor, an apprenticeship program registered with the United States department of labor's employment and training administration, and a state apprenticeship council recognized by the United States department of labor that employs an apprentice in this state shall report to the board the name and contact information of each apprentice in the apprenticeship program and the cumulative number of practical training hours and certified classroom hours each apprentice has completed toward the journeyman electrician licensure requirements specified in section 12-115-110. The board shall keep the information reported pursuant to this subsection (3)(c) confidential from all parties other than from the apprentice through the apprentice's individual registration account. The department of regulatory agencies shall, if existing resources are available or if the department receives gifts, grants, or donations pursuant to subsection (7) of this section, indicate whether the apprentice has completed the required practical training hours and classroom hours in the department of regulatory agency's online apprenticeship directory.       On and after January 1, 2021, contingent on the availability of existing resources within the department or the receipt of gifts, grants, and donations pursuant to subsection (7) of this section:     An apprentice who has been registered for at least six years, has completed eight thousand hours of practical training, and meets all other journeyman electrician license requirements specified in section 12-115-110 shall take the journeyman electrician license examination at least every three years in alignment with the license renewal cycle until the apprentice receives a passing score. (a) (I) An apprentice who has been registered for at least six years, has completed eight thousand hours of practical training, and meets all other journeyman electrician license requirements specified in section 12-115-110 shall take the journeyman electrician license examination at least every three years in alignment with the license renewal cycle until the apprentice receives a passing score.    If an apprentice has failed to pass the license examination in two consecutive three-year periods, the apprentice may request an exemption from the board from future examination requirements. The board shall grant the exemption if the board determines that the apprentice has legitimate educational or professional circumstances that justify the exemption. The board shall promulgate rules concerning the process of requesting and approving license examination exemptions.       An apprentice who has been registered for at least six years and who does not meet the journeyman electrician license requirements specified in section 12-115-110 shall take the journeyman electrician license examination at least once every three years in alignment with the license renewal cycle until the apprentice receives a passing score. Once the apprentice passes the license examination, the apprentice must meet all other journeyman electrician license requirements specified in section 12-115-110 before the board may issue a journeyman electrician license to the apprentice.         If the cumulative training and classroom hours of an apprentice are not reported as required by subsection (3)(c) of this section or if an apprentice fails to take the license examination as required by subsection (4) of this section, the board may suspend the apprentice's registration until the requirements are met.    If an apprentice who is required to take the license examination pursuant to subsection (4) of this section has a learning disability, the apprentice, electrical contractor, or apprenticeship program may request that the board make accommodations for the apprentice to take the examination with the appropriate level of support.       Repealed.    The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.     History. Source: L. 2019: Entire title R&RE with relocations,(HB 19-1172), ch. 136, p. 853, § 1, effective October 1; (1), (2), and (3)(b) amended,(SB 19-156), ch. 346, p. 3204, § 14, effective October 1. L. 2020: (3)(a) amended and (3)(c) and (4) to (7) added,(SB 20-120), ch. 244, p. 1171, § 1, effective September 14.    Editor's note:    This section is similar to former § 12-23-110.5 as it existed prior to 2019.    Before its relocation in 2019, this section was amended in SB 19-156. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019.    Subsection (6)(b) provided for the repeal of subsection (6), effective July 1, 2021. (SeeL. 2020, p. 1173.)     ANNOTATION   The Employee Retirement Income Security Act of 1974 (ERISA) does not preempt the Colorado apprentice supervision requirement set forth in this section. The Colorado law is one of myriad state laws of general applicability that impose some burdens on the administration of ERISA plans but nevertheless do not relate to them within the meaning of the governing statute. Willmar Elec. Serv., Inc. v. Cooke, 212 F.3d 533 (10th Cir. 2000) (decided under former law).