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Rules and Regulations of the State of Georgia
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Chapter 121-6 BUSINESS REGISTRATION

Rule 121-6-.01 Business Registration

(1) Sole proprietorships, partnerships, or corporations engaging in contracting covered by O.C.G.A. 48-14 must have regularly connected with such business a person holding an appropriate and current license or certificate. Such persons must actually be engaged in the practice of the business on a full-time basis and must provide adequate supervision of and be responsible for the work performed. Such persons may not qualify more than one proprietorship, partnership, or corporation for business registration at any one time. The qualifying licensee or certificate holder must provide supervision while the contracted work is in progress and must be able to respond in a timely manner to problems that may arise while the work done under his license is in progress. A licensee or certificate holder is deemed unable to supervise work or respond to problems during the hours when such licensee is working for another employer. Therefore during the hours the licensee or certificate holder is working for another employer, the sole proprietorship, partnership, or corporation cannot perform contracting work which is dependent upon the supervision of the licensee or certificate holder.
(2) Notwithstanding the penalty that may be imposed under the provisions of O.C.G.A. 10-1-493 for failure to comply with O.C.G.A. 10-1-490, such failure is grounds for disciplinary action. See Rule 121-5-.02(h), Unprofessional Conduct defined.

Rule 121-6-.02 Primary Contractors and Subcontractors

(1) For the purpose of this Rule, a primary contractor is considered a sole proprietorship, partnership, corporation, or individual which contracts for the completion of certain services. The primary contractor may perform these services with his own employees, provided the contractor holds an appropriate, current, and valid state contractor or master license for any category of services covered by these Rules and Regulations. The primary contractor may subcontract for the completion of any, or all, services, provided any subcontractor performing services covered by these Rules and Regulations holds an appropriate, current, and valid state contractor or master license.
(2) For the purpose of this Rule, a subcontractor is considered a sole proprietorship, partnership, corporation, or individual with whom a primary contractor or another subcontractor contracts for the completion of certain services. When contracting with either a primary contractor or another subcontractor to perform services covered by these Rules and Regulations, subcontractors must hold an appropriate, current, and valid state contractor or master license, unless specifically exempted under O.C.G.A. 43-14-16.
(3) A licensed contractor or master may contract as a primary contractor. The licensee must insure that the subcontractor holds an appropriate, current, and valid state contractor or master license. Licensees may not disavow responsibility for services which are subcontracted to other licensees.

Rule 121-6-.03 Utility Branch Offices

(1) In cases where a utility contractor has more than one permanent office, then each permanent office shall be registered with the division. At least one person who holds a valid utility manager certificate shall be stationed in each office on a full-time basis and shall oversee the utility contracting work of all employees of that office.
(2) The utility branch office must register with the division by furnishing the name and license number of the utility manager certificate holder. The utility contractor must notify the division in writing within five (5) days of the severance of connection with the qualifying certificate holder.

Rule 121-6-.04 Display of Business Registration Number

(1)
(a) Any business performing conditioned air contracting shall display, as set forth below, the business registration number. The business registration number is the license number of the qualifying licensee, including the prefix CN or CR preceded by "GA. REG." For example a licensee holding the license number "CN-555123" would display "GA. REG. CN-555123" as set forth in (2), (3) and (4) below.
(b) Business registration numbers issued by the board prior to December 1, 1999 may be displayed in lieu of the business registration number described in subparagraph (a) above, until November 30, 2001. Effective December 1, 2001, only business registration numbers that include the license number as described in subparagraph (a) above shall be displayed.
(c) If for any reason a licensee no longer qualifies a business to perform conditioned air contracting, the business shall cease doing conditioned air contracting until a licensee qualifies the business and all displays of the registration number are changed to include the license number of the new qualifying licensee.
(2) All commercial vehicles used by conditioned air contractors exclusively in the daily operation of their business shall have prominently displayed thereon the business registration number. This number shall be displayed legibly and visibly on both sides of the vehicle in characters at least two inches high.
(3) Any advertisements for conditioned air contracting work covered by these Rules which appear in telephone yellow pages other than a standard listing, in a newspaper, or in printed material proposing to perform services which is distributed to the public shall have prominently and legibly displayed therein the business registration number.
(4) All invoices and proposal forms used for conditioned air contracting shall have prominently and legibly displayed thereon the business registration number.

Rule 121-6-.05 Grace Period for Utility Contractors

(1) In the event that a licensed utility contractor temporarily does not have employed a utility manager certificate holder to oversee the work performed by the contractor, including any branch offices, the contractor must notify the Division of Utility Contractors within 5 days following the last day of employment of the certificate holder. Except as provided in paragraph (4), upon such notice, the division shall grant the utility contractor a 90 day grace period in which to employ a utility manager certificate holder before any action may be taken to revoke the utility contractor's license. If the utility contractor fails to notify the division within 5 days or allows the grace period to expire without employing a utility manager certificate holder to oversee the work, the utility contractor no longer has the right to engage in the business of utility contracting, and failure to employ a certificate holder shall be grounds for revocation or suspension of the utility contractors license.
(2) Utility contractors who are granted a grace period to employ a utility manager certificate holder must report within five (5) days the employment of a certificate holder.
(3) In the event that a licensed utility contractor can show good cause for being unable to employ a utility manager certificate holder within the 90-day grace period, the contractor may apply for one additional 90-day grace period. Such applicant must be submitted to the division at least 15 days prior to the expiration of the original grace period. One additional 90-day grace period may be approved if the contractor can show good cause which is acceptable to the division. Such application must show the contractor's efforts to employ a certificate holder, the reason for the contractor's inability to employ a certificate holder, and the contractor's plan for employing a certificate holder within the next 90 days. Good cause for not having hired a certificate holder may include but is not limited to medical emergencies, natural emergencies, or employee who has a certificate application on file pending approval by the division. To be approved, the division must determine that the failure to hire a certificate holder was beyond the contractor's ability and that the contractor can be expected to hire a certificate holder within the next 90 days.
(4) A utility contractor may not be granted grace periods totaling more than 180 days during any two-year period. The number of days applied to this limit will be determined by the number of days granted and should not be reduced if the contractor employs a certificate holder prior to the expiration of the grace period.