January 10, 1980

Mr. Bob D. Voeltz 
Administrator 
State Electrical Board 
125 West Capitol Avenue 
Pierre, South Dakota 57501

Official Opinion No. 80-4

Mandatory Progressive Education for Licensed Electricians

Dear Mr. Voeltz:

You have requested an official opinion from this office in regard to the following factual situation:

FACTS: 

With the ever-changing demands of electricity and its applicable, safe use, the South Dakota Electrical Board is considering instituting a requirement for progressive education for licensed electricians.

Based upon the above facts, you have asked the following question:

QUESTION: 

Can the South Dakota Electrical Board institute such a requirement under ARSD 20:44:03:04 or by a more specifically worded rule, or would this require action by the Legislature?

ARSD 20:44:03:04, Progressive Education, provides: 

Attendance and registration at one code seminar annually may be required to renew a wiring permit without an examination.

The legislative authority for this rule is SDCL 36-16-12, providing: 

The state electrical board shall adopt a seal and shall, in compliance with chapter 1-26, prescribe the rules and regulations and conduct the business to carry out the provisions of this chapter.

SDCL 36-16-1 specifically grants the Electrical Board the power to issue  permits to electrical contractors; thus ARSD 20:44:03:04 is within the permit-granting powers enumerated by the State Legislature.

However, nowhere in Chapter 36-16 has the Legislature granted the Electrical Board the power to require mandatory continuing education for licensed electricians.  It is my opinion that requiring progressive education for licensed electricians is not within the powers granted the Electrical Board and therefore would require action by the Legislature.

Respectfully submitted,

Mark V. Meierhenry
Attorney General