Gautreau v. Board of Electrical Examiners

167 So. 2d 425
CourtLouisiana Court of Appeal
DecidedJuly 1, 1964
Docket6201
StatusPublished
Cited by22 cases

This text of 167 So. 2d 425 (Gautreau v. Board of Electrical Examiners) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gautreau v. Board of Electrical Examiners, 167 So. 2d 425 (La. Ct. App. 1964).

Opinion

167 So.2d 425 (1964)

Arthur E. GAUTREAU
v.
BOARD OF ELECTRICAL EXAMINERS OF the CITY OF BATON ROUGE and Parish of East Baton Rouge.

No. 6201.

Court of Appeal of Louisiana, First Circuit.

July 1, 1964.
Rehearing Denied September 30, 1964.

*426 R. Gordon Kean, Jr., Parish Attorney, and John V. Parker, Asst. Parish Attorney, Baton Rouge, for appellant.

Tilton & Whalen, by Joshua A. Tilton, Baton Rouge, for appellee.

Before ELLIS, LOTTINGER, HERGET, LANDRY and REID, JJ.

LANDRY, Judge.

Defendant, Board of Electrical Examiners of the City of Baton Rouge and Parish of East Baton Rouge (sometimes hereinafter referred to simply as "the Board"), has taken this appeal from the judgment of the trial court making peremptory an alternative writ of mandamus ordering appellant to approve the application of and issue appellee, Arthur E. Gautreau, a license as an electrical contractor pursuant to the Electrical Code, City of Baton Rouge, Parish of East Baton Rouge, 1962 Edition, (sometimes hereinafter referred to merely as "the Code").

The facts attending the instant litigation are undisputed between the parties and only questions of law are presented as will hereinafter appear.

This present controversy primarily and basically involves a divergence of opinion between the litigants as to the correct interpretation of Section 303 of the Code which prescribes the requirements for licensing electrical contractors in the City of Baton Rouge and the Parish of East *427 Baton Rouge, said cited section reading in full as follows:

"Section 303. Requirements for License. (a) Except as hereinafter provided, before a license shall be granted to any person firm or corporation, such person, firm or corporation shall apply to the Electrical Inspector for a license, and the applicant, if a person, or if a corporation, one of its officers or representatives, or if a firm, one of the members thereof, shall present himself before the Examining Board hereinbefore provided for, at the time and place fixed by said Board. If the Board shall find upon due examination that the applicant presenting himself is of good character and has had at least five (5) years' experience in the occupation or business governed by the license for which he is applying or is a graduate of any Trade School or College of recognized standing, or possesses a satisfactory knowledge of electricity and the natural laws pertaining to and governing same, and the use and function of electrical appliances and devices for electric light, heat or power purposes, and possesses skill and knowledge in all matters pertaining to the class of business governed by the license of which he is applying, said applicant shall be granted such license on giving bond and paying fees as herein provided. As to the length of experience mentioned above, at least two (2) affidavits must be submitted to this effect, and these affidavits must be sworn to by reliable persons who have known the applicant for the five year period.
"(b) The questions of the examination referred to herein shall be strictly in reference to the current edition of the National Electric Code, the provisions of this chapter and other strictly fundamental and elementary questions of theory and wiring diagrams.
"(c) All persons, firms or corporations now engaged in the business of Master Electricians, and so engaged for a period of five (5) years, or having five (5) years experience as journeymen; apprenticeship experience not to be included in the occupation governed by the license for which application is made, having an established place of business, shall be granted a license to engage in that class of business without examination provided the two (2) affidavits called for above are furnished."

The aforesaid requirements for license are imposed by virtue of Section 302 of the Code which states:

"Section 302. License Required. Every person, firm or corporation, before engaging in the business of installing or contracting to install electric conductors, dynamos, motors, materials, electrical apparatus, and electric installations, also before engaging in the business of buildings, construction, assembling, installing, and repairing of electric light fixtures or contracting to build, construct, assemble, install and repair such light fixtures must procure a license to engage in said business in the City of Baton Rouge, Louisiana. * * *"

Plaintiff, Arthur E. Gautreau, (sometimes hereinafter referred to as "Appellee" or "Applicant"), admittedly a person of good character having more than five years experience in the electrical field, contends it is the ministerial duty of the Board to license him as an electrical contractor by virtue of the hereinabove quoted provisions of Section 303 which, according to Applicant, makes it the mandatory duty of the Board to license an applicant who is of good character and (1) has had at least five years experience or (2) is a graduate of a Trade School for electricians or (3) possesses a satisfactory knowledge of electricity.

On the other hand appellant, conceding a degree of ambiguity with respect to Section 303, nevertheless maintains its provisions *428 do not impose upon the Board the mandatory, ministerial duty of issuing a license to an applicant of good character having more than five years experience but rather that such an applicant must take and satisfactorily pass a written examination as provided for by Section 301 of the Code which recites:

"Section 301. Examination of Applicants. (a) In pursuance of the enforcement of this section, it shall be the duty of the Examinining Board to determine the ability and responsibility of applicants for license under this chapter. The Board shall adopt a uniform application blank which shall contain detailed information concerning applicants' general and technical fitness for license. Said blank shall contain also the report of the Examining Board in detail and shall be filed with the Inspector, and he shall, when application is approved by the Board, issue a certificate to the City Treasurer and permits may then be issued and not before.
"(b) Permits may be issued to the individuals, firms or corporations, when the person to be in charge of the work for said individual, firm or corporation shall have passed the examination, and only so long as he or a licensed electrician under this chapter shall remain in charge of electrical work for such individual, firm or corporation."

By virtue of a joint stipulation appearing of record and upon which the factual aspects of this litigation were largely submitted, it appears that Sections 301 and 303 of the Code, 1962 Edition, are identical with certain unchanged (but otherwise numbered sections) of the Code as originally enacted in 1928. It is further stipulated in effect that since its adoption the Code has been interpreted by defendant Board as requiring all applicants (excepting those who are registered electrical engineers) to take a written examination to determine their qualifications for license. The stipulation further recites that since 1928 the Code has been administratively construed to mean that in order to be eligible for the examination prescribed by Section 301, an applicant must either possess five years' experience or be a graduate of a trade school. It is conceded Applicant, who possesses five years experience, took the prescribed written examination under protest, but failed to attain a passing score of 75 and was consequently denied a license.

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Bluebook (online)
167 So. 2d 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gautreau-v-board-of-electrical-examiners-lactapp-1964.