STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

October 24, 1975

Mr. Kenneth W. Spielman
Office Manager
South Dakota State Electrical Board
125 West Capitol Avenue
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 75-180

Class B electrician

Dear Mr. Spielman:

You have requested an official opinion from this office as to whether or not the State Electrical Board can set qualifications for a Class B electrician to the extent that one would be required to have three or four years of experience in wiring, installing and repairing electrical apparatus and equipment. SDCL 36-16-2(2) provides that a Class B electrician shall have at least eighteen months experience in wiring, installing and repairing electrical apparatus and equipment. Your question is whether or not the board can change this requirement from eighteen months to three or four years by rule or whether they need to have legislative change.

SDCL 36-16-2(2) provides:

"Class B electrician" shall mean a person having the necessary qualifications, training, technical knowledge and at least eighteen months' experience in wiring, installing and repairing electrical apparatus and equipment in accordance with the standard rules and regulations established by the state electrical board.

It is my opinion that the authority granted to the State Electrical Board in SDCL 36-16 would authorize them to extend by rule the length of experience necessary for a person to meet the qualifications of a Class B electrician. Any changes in the experience qualification, however, could not make the requirement less than eighteen months provided for by statute.

Respectfully submitted,

William Janklow
Attorney General

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