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Meetings:
The board shall hold meetings once per month and at such other times as
is determined to be required to conduct the business of the board.
All meetings held by this board must constitute a quorum of four (4) members
and shall be called to order and presided over by the chairperson or in
his/her absence by the vice-chairperson.
At the February meeting, the Board shall elect a Chair, a Vice Chair and
a Secretary who shall serve for a period of one (1) year.
Administration:
1. Authority
The Board authorizes the Rhode Island Department of Labor and Training,
Division of Professional Regulation
to administer the day-to-day business of this board in accordance with
these rules/bylaws and the Administrative Procedures Act of the State
of Rhode Island.
Any matters not covered by these rules/bylaws or by the Administrative
Procedures Act shall be referred to the
Board for a determination, resolution or action, as appropriate. If any
such matter requires immediate
attention, it shall be referred to the Board Chairperson or in his/her
absence the Board Vice Chairperson, for a determination pending confirmation
by the Board at the next regular meeting, or at a special meeting called
for such purpose.
2. Forms
The Board shall provide or approve all necessary forms for the administration
of these rules/bylaws and of
Chapter 5-70 of the General Laws of the State of Rhode Island.
· Individual application form - refer to appendix A (3 pages)
· TSC Partnership application form - refer to appendix B (1 Page)
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TSC Corporation application form - refer to appendix C (2 pages)
3. Applications
a. Forms
The board will provide or approve the necessary application forms for
use by the Department of Labor
and Training, Division of Professional Regulation for each license form
and category.
b. Procedure
Applications
are to be made by an individual applicant filing for the form of license
and category(ies) sought.
Applications for examination must be received by the Department of Labor
and Training, Division of
Professional Regulation at least fifteen (15) working Days prior to the
examination date.
Out of state applicants who hold an equivalent license, as determined
by this board, issued by another state
will be allowed to take the Rhode Island examination. Out of state applicants
for TSC who hold no equivalent
of Form TSC license issued by another state and show sworn evidence of
three (3) years of verifiable and continuous experience will be allowed
to take the Rhode Island Form TSC license examination.
Applicants filing for licenses must be at least eighteen (18) years of
age.
Applicants who apply under the initial or deregulation grandfathering
provisions of Chapter 5-70 of the General
Laws of the State of Rhode Island, as amended, and who provide evidence
of ten (10) years or more of verifiable telecommunications experience
covering experience in each category applied for shall be considered as
an equivalent to submitting a statement showing three (3) verifiable projects
per category and may apply for a Form TSC License.
Applicants who otherwise qualify under the provisions of rules and regulations
may apply for certification as TSC without company affiliation.
Clarifying comment: The previous paragraph permits the licensee to hold
a form TSC license as an individual
while employed by a business that is conducted under a TSC license that
is held by some other person.
Employees regulated by the Public Utilities Commission:
Persons who are employed by firms or corporations regulated by the Public
Utilities Commission; who are
retired or terminated prior to and/or as a result of deregulation, may
apply for licenses under the
grandfather terms under GL: 5-70 of the State of Rhode Island. Persons
who apply pursuant to this paragraph, to qualify for grandfathering, must
do so within six (6) months of the date of separation from said firm or
corporation.
4. Examination
a. Forms
The Board
will provide or approve the necessary examination forms to the Department
of Labor and Training, Division of Professional Regulation for each license
form and category. Said examination forms will be individually numbered
with a unique identification number. The examination forms will be kept
in a securely locked storage compartment except when in use during an
examination session.
b. Procedure
All examinations shall be conducted and completed in writing and may include
written and/or practical
demonstrations, and the provisions shall be based on a list of standards,
publications and/or texts that is
authorized by this board.
All answers to written examination questions will be in ink, unless otherwise
specified by the Board. Any
person found referring to notes or books during an examination, will be
disqualified from that examination.
Applicant
for examination will be required to obtain an average numerical score
of at least seventy percent
(70%), in accordance with Chapter 5-70 of the Public Laws of the State
of Rhode Island, in order to obtain a
license. Applicants for examination will be required to obtain an average
numerical score of at least sixty
percent(60%) in order to review said examination with the Board.
Only those applicants approved to take the examination will be admitted.
A cover sheet will be attached to the examination form when presented
to the applicant/examinee.
Examination forms and attached cover sheets will be individually numbered
at the conclusion of the exam with
a unique corresponding number.
Completed examination forms will be presented to the board for grading
with the unique number assigned
stamped on each.
Completed examinations will not be presented to the Board with the applicant/examinee's
name in evidence or
In any other manner divulged to the Board prior to grading.
DLT will,
after grading by the Board, match the cover sheets with the corresponding
completed examination.
DLT will then make notification to the applicant/examinee, on behalf of
the Board, of their results in the following manner.
1 - Pass.
2 - Fail with right to request review (between 60 - 70%)
3 - Fail
Reviews must be requested by the applicant/examinee, by phone, or in writing,
and will be conducted by the Board in the same manner that the tests are
scored.
The applicant/examinee may be in attendance.
The applicant/examinee requesting the review will not be identified to
the Board prior to the review proceedings.
Official answers to questions that are found to be faulty during the review
process shall be discounted for that examination (session).
Such questions and their answers shall be eliminated or corrected in the
official files for future exams.
Applicants/examinees who fail may re-apply to take the test at the next
session.
Persons, firms or corporations aggrieved by a decision of the Board on
any questions relative to examinations
may petition for a hearing before the Board. Requests for such a hearing
must be made in writing to the
Secretary of the Board within thirty (30) days of notice of such decision.
5. Notifications
Notice of
the time and place of examinations will be mailed to each applicant.
Notice of results of examinations, as noted above, will be mailed to each
applicant taking the examination.
6. Renewals
All licenses and/or certificates issued by the Board shall be renewable
on the birth month of the licensee.
Application for renewal of license must be made thirty (30)days prior
to the expiration date, which shall be
the last day of the licensee's birth month, to remain in effect.
A license and/or certificate shall not be renewable if a penalty and/or
fine is outstanding with the Board, until
such time as restitution has been made.
License holders will have a two (2) year period from the date of expiration
to renew without reexamination,
provided, all appropriate fees are paid.
Clarifying Comment: An individual wishing to reinstate a license that
has lapsed for a period just short of two
years would be assessed the full license fee for that two year period
plus a penalty as determined by the
board under fees.
A license in a lapsed state may be renewed without the requirement to
submit to re-examination if application
is made prior to the expiration of two years from date of expiration,
provided the applicant makes the
necessary payment of the fees calculated from the date of expiration,
including the late charge required by
this board as noted under fees.
Form TSC license and firm or corporation certificate shall be renewable
concurrently on the birth month of
the individual holding the TSC license under which the business is operating.
In the case of military service personnel who are licensees prior to their
entry into active military service, shall have their licenses renewed
without further examination provided, however, they file for renewal within
four (4) months of their release from active duty and upon payment of
the prescribed fee. Said individual will not be assessed any late fees.
Applications for renewal of form TSC licenses and certificates, in the
case of firms or certificates, shall be signed by the same individual
originally granted the license or passed the examination by which such
firm or corporation was authorized, or reauthorized, to enter upon or
engage in business as
provided in Chapter 5-70 of the General Laws of the
7. Duplicate
license/certificate
In the event that a license, registration or certificate issued under
the provisions of Chapter 5-70 is lost,
stolen or destroyed, the person to whom the same was issued may make application
for and, upon payment of the required fee, obtain a duplicate license,
registration or certificate, upon furnishing proof satisfactory to
the Board that such has been lost, stolen or destroyed.
Such duplicate license, registration or certificate will be clearly marked
that it is a duplicate.
LICENSED ACTIVITIES - (Use of License)
No licensee shall engage in business under any name other than that stated
on his/her license, except the holder of Form TSC pursuant to the provisions
of this section.
If a holder of a Form TSC license wishes to conduct business under a firm,
partnership or corporation name, the Board shall issue a certificate through
the Department of Labor and Training, Division of Professional Regulation
stating such, upon payment of the appropriate fee.
A license holder may obtain only one (1) firm or corporate certificate
and his or her license shall be restricted to the identified firm or corporation.
The firm or corporation certificate will comprise the identical Form TSC
license number.
The original Form TSC license shall not be utilized by said individual
independent of the firm or corporation
certificate.
Upon notification of termination of the firm or corporation certificate
in the name of the individual, the original
Form TSC license shall be retained by the individual and the firm or corporation
certificate shall become and be made null and void, after a period of
sixty (60) days from such notification.
Should the holder of a Form TSC license be separated from the firm or
corporation, to which a certificate was issued, for any reason, such as
retirement, lay-off or other reason, except for a violation punishable
under the rules of this Board an except as provided above, within sixty
(60) days from such separation the firm or corporation must designate
an individual and who must apply for licensing under the rules of this
Board for a Form TSC license. Said designated individual must be the holder
of a valid Form TSC, or Form TST license and must have a minimum of five
(5) years experience as such, at the time of application. Upon successful
qualifications for a form TSC license, the individual's original license
shall be upgraded, and this Form TSC license number will be issued and
certified to the firm or corporation.
Interpretation: The individual is the legitimate holder of the Form TSC
license prior to certification to a firm or
corporation. The license number is assigned to and considered in the possession
of said individual. If the
individual becomes the legitimate holder of a Form TSC license as a result
of employment with and for a firm or
corporation for the purpose of certification of said firm or corporation,
the license number is considered in the
possession of and assigned to the individual, but certified to the firm
or corporation while so employed.
General contractors that are not licensed telecommunications contractors,
Form TSC, shall not bid, solicit, or advertise for telecommunications
work. They may solicit bids from Rhode Island Licensed Telecommunications
Contractors.
Network Interface: For the purpose of regulation by this Board, all providers
of any and all telecommunications
services to the general public shall cause to be designated a physical
point of network interface, herein after referred to as NI. Such NI shall
not extend more than six (6) feet beyond the point of entrance or demarcation
point as defined herein. Such NI shall apply to any and all interior communication
wiring and/or transmission media and shall be considered to be covered
by the laws establishing and governing this Board.
Definitions: The following definitions shall apply for the purpose of
this board; point of entrance shall be as defined in accordance with the
National Electric Code, as adopted by the State of Rhode Island, State
Building Code Commission; the demarcation point shall be as defined in
Part 68 or the rules and regulations of the Federal Communications Commission.
All such interior wiring and/or transmission media shall be required to
be installed, altered and/or serviced by the holder of a valid license
as issued by the State of Rhode Island and Providence Plantations through
this Board or, as provided by the enacting legislation, by such other
licensing authority as noted under RIGL 5-70-7. Under no circumstance
shall any person not so licensed, with the exception of the residing owner
of a single family residence, be permitted to install, alter or service
such wiring and/or transmission media.
"Personal Computers" as used in these rules shall mean a device
consisting of a monitor, hard drive keyboard and associated input/output
devices that is a stand alone device or which serves strictly to allow
for an individual to connect to or access a telecommunication system and/or
network. A device that may contain the same components that serves
as a centralized point or communication for a system and/or network such
as a server, router, bridge, PBX, etc. is not included in this definition.
FEES ---
1. Examination Fee - $36.00
2. License/renewal -
TSC -------------------- $120.00
TST -------------------- $ 72.00
TSLI ------------------- $ 36.00
Apprentice ------------- $ 24.00
Corporation/Partnership ---- $120.00
4. Duplicate/Lost License fee - $12.00
5. Late renewal - $12.00 additional fee per month.
6. In the event that a payment for a license, registration, examination
fee, or certificate issued under the provisions of Chapter 5-70 is deemed
improper for the reason of insufficient funds or closed account, said
license, examination, registration, or certificate will be invalid until
the person to whom the infraction has incurred submits the required license,
registration, examination, or certificate fee plus a penalty of twenty-five
percent (25%)of the original fee, in the form of a certified check or
money order to the proper payee.
Enforcement:
1. Authority -
The Board authorizes the Rhode Island Department of Labor & Training,
Division of Professional Regulation to
administer the day-to-day business of this board in accordance with these
rules/bylaws and the
Administrative Procedures Act of the State of Rhode Island.
Any matters not covered by these rules/bylaws or by the Administrative
Procedures Act shall be referred to the
Board for a determination, resolution or action, as appropriate. If any
such matter requires immediate
attention, it shall be referred to the Board Chairperson, or in his/her
absence the Board Vice Chairperson, for a determination pending confirmation
by the Board at the next regular meeting, or at a special meeting called
for such purpose.
2. Procedures -
Right of entry is within the purview of the local building official under
the state building code.
The following procedure shall apply in all cases of complaint made against
a license holder, and all other
matters that may be brought before the Board for its' consideration and/or
action:
All complaints, appeals and other matters submitted to the Board for consideration
must be stated in writing.
Complaints against an applicant or license holder:
A complaint must identify the license holder, by name or by license number,
and must be signed by the
complainant, including the complainants address and daytime telephone
number. All complaints must state the
pertinent facts of the complaint, including the nature of the complaint,
the approximate date of occurrence and
the effect on the complainant. Complaints do not have to be submitted
on official forms in order to be
considered by the Board or its' authorized representative.
Upon the receipt of a complaint, as stated above; the Board or its' authorized
representative shall contact
the complainant, in writing or telephonically, for any additional statement
in order to provide a more clear
picture of the situation. All such contact shall be documented, and all
such statements shall be made in
writing or recorded electronically.
The Board, or its' representative, will then contact the subject of the
complaint, in writing, to inform him/her
of the complaint and to obtain a written or electronically recorded statement
as to his/her explanation relative to the specifics of the complaint.
The subject of the complaint shall be allowed ten (10) working days time
period to respond.
Upon obtaining the statements of both parties, the Board, or its' agent,
may attempt to mediate a resolution of the complaint between the two parties.
If both parties are agreeable to a mediation, both parties
shall sign a statement outlining the accepted mediation resolution.
Should all attempts to mediate the complaint, or the agreed to mediation
resolution not be complied with by
either party, either party may request a formal hearing on the original
complaint. All records regarding
mediation shall become an official part of the formal hearing procedure.
The primary goal of this Board shall be to make every reasonable attempt
to resolve complaints through
mutually satisfactory agreement of both parties. Only after it becomes
clear that no mutually satisfactory
resolution is possible should enforcement action be instituted either
in the form of a stipulation, consent
order or default.
Should the Board rule in favor of the respondent (subject of complaint),
a notice of such ruling may, after all appeal procedures have been exhausted
by the complainant and at the option of the Board, be publicly published.
Should the Board rule in favor the complainant (party filing complaint),
a notice of such ruling will, after all appeal procedures have been exhausted
by the respondent, be publicly published.
Appeals of license action (Refusal to issue/renew; revocation, annulment
or suspension of license)
A licensee who is notified that they are subject to refusal to renew may,
within fifteen (15) days of such
notification, appeal such refusal to the Board of reconsideration, unless
such refusal to renew is the result of enforcement action previously heard
by the Board and to which all appropriate appeal procedures
have been exhausted by the licensee, including action through the courts.
A licensee who is subject to an order of this Board for revocation, annulment
or suspension and upon which such action has been stayed pending the resolution
of appeal, must pay all fees due without respect to the stay in effect
due to the appeal procedures. Any fees paid under such conditions shall
be reimbursable, upon
request, on a prorated basis upon final resolution of the appeal.
Clarifying Comment: A person who is subject to an order of suspension
or revocation a short time prior to the
normal expiration of that persons license, appeals the order and the order
is stayed pending disposition of the
appeal. While awaiting appeal proceedings, that person's license reaches
the expiration date. If the individual
were allowed to continue to conduct business or perform work permitted
under the expire license, that individual would be receiving an advantage
not afforded to other licensees, i.e. operating without a valid license
in that the fee was not paid; or being licensed without paying the appropriate
fees, with the right to a pro-rated refund places the individual on an
equal basis with other licensees without effecting that persons
rights in the appeal proceedings.
Interpretation:
All requests for interpretations of rules and regulations by the board
shall be submitted in writing to the Board through the Department of Labor
& Training, Division of Professional Regulation. The Board shall render
such interpretations within sixty (60) days from receipt by the board.
Amendments:
These rules/bylaws may be amended, altered or suspended by two-thirds
vote of the full board. One month's notice of any proposed change must
have been given in writing to all board members.
No new rules/bylaw amendment or revision of existing rule/bylaw can be
introduced, passed, rejected, or voted on under any form of suspension
of rules or parliamentary procedure other than the present rules/bylaws
of this board.
Order of Business:
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1.
Opening
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2.
Roll call of members
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5.
Unfinished business
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3.
Review and acceptance of minutes of previous meeting
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6.
New business
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4.
Communications
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7.
Adjournment
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Parliamentary Authority: The final authority on all questions of procedure
and parliamentary law not covered by the rules/bylaws of this board or
by the Administrative Procedures Act of the State of Rhode Island shall
be Robert's Rules of Order.
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