§59-3024. Commissioner of Labor, powers and duties - Fees - Deposit
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of revenues - License and certification renewal
A. The Commissioner of Labor shall have the following powers and duties:
1. The Commissioner shall:
a. adopt or determine standards of elevator safety,
b. license elevator contractors, elevator mechanics, and
elevator inspectors,
c. register elevator apprentices,
d. determine qualifications for examination, establish
application processes, and examine applicants for
licensure,
e. establish terms of licensure and renewal procedures,
f. attempt to achieve reciprocity agreements whereby
licenses issued by other jurisdictions may be accepted
in this state in lieu of examination,
g. establish grounds for revocation, suspension, and
nonrenewal of licenses and policies for reinstatement
of licenses and for imposition of lesser disciplinary
measures,
h. establish continuing education requirements,
i. provide for the inspection and certification of
elevators,
j. provide for the enforcement of the Elevator Safety
Act,
k. hear appeals pursuant to the Administrative Procedures
Act,
l. establish a procedure for the reporting and
investigation of accidents, and
m. establish a procedure to allow variances from the
literal requirement of the code;
2. The Commissioner shall publish informational brochures about license examinations that indicate the scope of the examinations, include suggestions about how to prepare for the examinations, and may include sample questions of the type to be expected, but shall never include test items that will be used in future examinations. In no case shall information about forthcoming examinations, that is not generally available, be given to any school, coaching service, or individual privately; and
3. The Commissioner shall have subpoena powers and shall have the right to seek injunctive relief to prevent the operation of elevators lacking a certificate of operation after November 1, 2006, or failing inspection. For any violation of the Elevator Safety Act, the Commissioner may assess an administrative fine , which fine may be assessed in addition to any other penalties provided pursuant to the Elevator Safety Act. The Commissioner of Labor may promulgate rules establishing a schedule of administrative fines for violations of the Elevator Safety Act.
Upon collection of an assessed fine, the funds shall be deposited in the Department of Labor Administrative Penalty Revolving Fund created in Section 11 of this act.
B. The Commissioner of Labor may promulgate rules establishing a schedule of administrative fees for the implementation of the Elevator Safety Act. The following fees shall remain in effect until such rules become effective, at which time the fees contained in this subsection shall be superseded by rule. Fees shall be as follows:
1. Elevator contractor examination $100.00
2. Elevator inspector examination $100.00
3. Elevator mechanic examination $100.00
4. Initial and renewal elevator
contractor license $100.00
5. Initial and renewal elevator
inspector License $ 75.00
6.Initial and renewal elevator
mechanic License $ 50.00
7. Annual elevator apprentice
registration $ 25.00
8. Late renewal - in addition to
license fee $ 10.00
9. Replacement of lost or mutilated
license $ 10.00
10. Reinstatement - in addition to
license fee $100.00
11. Existing elevator - certification
of operation $ 25.00
12. New elevator - inspection and
certification $150.00
13. Elevator temporary certification $ 25.00
14. Elevator temporary mechanic
license for 30 days $ 10.00
15. Labor for chief elevator inspector
or deputy elevator inspector to
perform inspection for issuance of
certificate of operation:
a. any escalator or moving walkway $125.00
b. elevator, two-four floors $ 75.00
c. elevator, five-ten floors $100.00
d. elevator, eleven floors and over $125.00
e. wheelchair lift $ 25.00
C. All revenues received shall be deposited to the Department of Labor Revolving Fund. It is the intent of the Legislature that fees charged pursuant to the Elevator Safety Act be adjusted to provide sufficient income, but not substantially more than sufficient income, to ensure elevator safety as provided by the Elevator Safety Act. Accordingly, the Commissioner of Labor shall make an annual study of the revenues to and expenditures from the Department of Labor Revolving Fund related to elevator safety and shall prepare a report indicating what fee adjustments, if any, shall be recommended.
The report shall be submitted by September 1 each year to the Director of the Office of Management and Enterprise Services, the Chair of the Appropriations Committee of the Senate, and the Chair of the Appropriations and Budget Committee of the House of Representatives, and shall be filed with the Department of Labor.
D. Licenses and certifications issued in accordance with the provisions of the Elevator Safety Act shall be renewed according to the following schedule:
1. Elevator contractor, elevator inspector, elevator mechanic licenses and elevator apprentice registration shall be renewed
annually prior to the last day of the calendar month in which the license or registration was initially issued;
2. Any such license, registration or certificate required by the Elevator Safety Act not renewed by the last day of the calendar month in which renewal is required shall be subject to a late fee as provided by this act;
3. Any elevator contractor, elevator inspector, elevator mechanic license or apprentice registration having been expired for a period of not less than thirty
(30)days nor more than three hundred sixty-five
(365)days shall be subject to a reinstatement fee as provided for in the Elevator Safety Act; and
4. Any elevator contractor, elevator inspector, elevator mechanic license or apprentice registration being expired for a period of one
(1)year or longer from the last day of the month in which renewal was required shall be considered void and the licensee shall be subject to all requirements for new issuance. Added by Laws 2006, c. 207, § 5, eff. Nov. 1, 2006. Amended by Laws 2008, c. 312, § 18, eff. Nov. 1, 2008; Laws 2010, c. 414, § 4, eff. July 1, 2010; Laws 2012, c. 304, § 293; Laws 2016, c. 93, § 10, eff. Nov. 1, 2016.