Rule 121-5-.02 - Unprofessional Conduct, Defined"Unprofessional conduct" shall include, but not be limited to the following:
(a) Violating local ordinances relating to the performance of contracted work covered by O.C.G.A. Chapter 43-14 including, but not limited to, failure to obtain the required permits and inspections required by local ordinance;(b) Establishing a pattern of charging amounts substantially in excess of any original estimate given by the licensee without having informed the consumer, prior to the accrual of such charges, that the final amount due would or could be substantially in excess of the original estimate;(c) Knowingly charging for unnecessary work;(d) Diverting funds or property received or obtained for the completion of a specific contract without the specific authorization of the consumer and/or the contractor for that particular job;(e) Failing to disclose the name and license number of the person or persons supervising and performing contracted work for a sole proprietorship, partnership, or corporation whenever such information is reasonably requested by the Board or its designee, any other state agency or representative, or any consumer or member of the public.(f) Failing to register with the Division the name of the business which the licensee or certificate holder qualifies under Chapter 121-6 or failing to notify the Division in writing within five (5) days of the severance of connection with a registered business.(g) Operating as a utility contractor without employing a person who holds a current utility manager certificate to supervise the work performed by each permanent office.(h) Registering a sole proprietorship, partnership, limited liability company, or corporation which the Division determines to be in violation of O.C.G.A. 10-1-490, which requires the registration of trade names with the Superior Court.(i) Failing to provide documentation of the registration with Superior Court of trade names to the division upon request.Ga. Comp. R. & Regs. R. 121-5-.02
O.C.G.A. Secs. 43-14-5, 43-14-6, 43-14-8.2.
Original Rule entitled "Unprofessional Conduct, Defined." F. Feb. 27, 1989; eff. Mar. 19, 1989.Amended: F. Jan. 31, 1991; eff. Feb. 20, 1991.Amended: F. Jun. 18, 1993; eff. July 8, 1993.Amended: F. Jun. 27, 1994; eff. July 17, 1994.Amended: F. Mar. 7, 1996; eff. Mar. 27, 1996