GA Code § 43-14-8.2 (2021)
2021 Georgia Code|Title 43 - Professions and Businesses|Chapter 14 - Electrical Contractors, Plumbers, Conditioned Air Contractors, Low-Voltage Contractors, and Utility Contractors|§ 43-14-8.2. Utility Contractor License; Utility Manager; Business Entities; Severance of Connection With Utility Manager; Unlawful Contracts

  For purposes of this Code section only, "division" means the "Division of Utility Contractors."     After June 30, 1994, no sole proprietorship, partnership, or corporation shall have the right to engage in the business of utility contracting unless such business holds a utility contractor license and there is regularly connected with such business a person or persons who holds a valid utility manager certificate issued under this chapter. Such utility manager must be actually engaged in the performance of such business on a full-time basis and oversee the utility contracting work of all employees of the business. In cases where a sole proprietorship, partnership, or corporation has more than one permanent office, then each permanent office shall be registered with the division and at least one person who holds a valid utility manager certificate issued under this chapter shall be stationed in each office on a full-time basis and shall oversee the utility contracting work of all employees of that office.   The requirements of this Code section shall not prevent any person holding a valid license issued by the State Construction Industry Licensing Board, or any division thereof, pursuant to this chapter, from performing any work defined in the Code section or sections under which the license held by said person was issued.     Any corporation, partnership, or sole proprietorship desiring to qualify and be issued a utility contractor license under the provisions of this subsection shall:   Submit a completed application to the division on the form provided indicating:   The names and addresses of proprietor, partners, or officers of such applicant;   The place and date such partnership was formed or such corporation was incorporated; and   The name of the qualifying utility manager holding a current certificate who is employed for each permanent office location of the business from which utility contracting is performed;     Submit its safety policy which must meet the minimum standards established by the board;   Pay or have paid the required fees; and   Not be otherwise in violation of this chapter.     The decision of the division as to the qualifications of applicants shall, in the absence of fraud, be conclusive.   It shall be the duty of the utility manager certificate holders and the licensed utility contractor to notify the division, in accordance with board rules, of severance of connection between such utility contractor and the utility manager certificate holder or holders upon whom the qualification of the utility contractor rested.   In the event that a licensed utility contractor temporarily does not have employed a utility manager certificate holder to oversee its utility contracting work, upon notice by such utility contractor to the division within five days following the last day of employment of the utility manager certificate holder, the division shall grant the utility contractor a 90 day grace period in which to employ a utility manager certificate holder to oversee its utility contracting work before any action may be taken by the division to revoke the utility contractor's license.The division may, at its discretion, upon application by the utility contractor showing good cause grant one additional 90 day grace period.Grace periods totaling not more than 180 days may be granted during any two-year period.Failure to have employed a utility manager certificate holder to oversee the utility contracting work of the utility contractor shall be grounds for the revocation or suspension of the utility contractor license after a notice of hearing.   All applicants for renewal of utility contractor licenses provided forby this Code section shall be required to submit with the required fee a completed application on a form provided by the division.   It shall be unlawful for any person to contract with any other person for the performance of utility contracting work who is known by such person not to have a current, valid license as a utility contractor pursuant to this chapter.     (Code 1981, §43-14-8.2, enacted by Ga. L. 1989, p. 1756, § 7; Ga. L. 1993, p. 123, § 31; Ga. L. 1993, p. 1339, § 7; Ga. L. 1994, p. 1, § 1; Ga. L. 1994, p. 383, § 4; Ga. L. 2004, p. 390, § 3.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2004, "under which the" was substituted for "under the" near the end of paragraph (b)(2).   Editor's notes.   - Ga. L. 1994, p. 1, § 4, not codified by the General Assembly, effective February 4, 1994, provided that the provisions of Ga. L. 1993, p. 1339, § 7, are repealed in their entirety, and any enforcement of those provisions prior to February 4, 1994, is null and void.   Ga. L. 1994, p. 1, was effective February 4, 1994, to March 29, 1994, and was repealed by Ga. L. 1994, p. 383, § 8, not codified by the General Assembly, effective March 29, 1994.   JUDICIAL DECISIONS   Interpretation.    - Language of O.C.G.A. § 43-14-8.2 is perfectly plain, and the statute's meaning is neither absurd, impossible of enforcement, or unreasonable. Brantley Land & Timber, LLC v. W & D Invs., Inc., 316 Ga. App. 277, 729 S.E.2d 458 (2012).   License not required.    - Trial court properly denied the contractor's motion for partial summary judgment on the developers' counterclaim that the parties' contracts were unenforceable because the contractor was not required to have a utility contractor license under O.C.G.A. § 43-14-8.2 to perform work under its agreements with developers, and those agreements were not unenforceable on the ground that the contractor did not possess such a license; the contractor was not engaged in utility contracting in connection with the developers' properties because none of the trenching, cutting, and installation related to the construction and access of the systems on the developers' properties was done at a depth of five feet or deeper below the surface. Brantley Land & Timber, LLC v. W & D Invs., Inc., 316 Ga. App. 277, 729 S.E.2d 458 (2012).