Ga. Comp. R. & Regs. 553-9-.01

Current through Rules and Regulations filed through November 21, 2024

Rule 553-9-.01 - Grounds for Disciplinary Action

After notice and a hearing in accordance with the Georgia Administrative Procedure Act, as amended, the Board may discipline a residential or general contractor upon evidence that the contractor has:

(a) violated any of the provisions of the law pertaining to the licensing of contractors or the rules and regulations of the Board pertaining thereto;

(b) been convicted of a felony or a crime involving moral turpitude;

(c) practiced fraud, deceit, or misrepresentation in securing or procuring a contractor license;

(d) committed acts of misconduct including fraud, deceit or misrepresentation in the practice of contracting;

(e) displayed an inability to practice a business or profession with reasonable skill and safety to the public or has become unable to practice the profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material;

(f) practiced without a current valid license;

(g) wrongfully transferred or surrendered possession, either temporarily or permanently, his license or certificate to any other person;

(h) been guilty of fraudulent, misleading or deceptive advertising;

(i) falsely impersonated another licensee;

(j) engaged in any unprofessional, immoral, unethical, deceptive or deleterious conduct or practice harmful to the public; This could include but is not limited to the following:

1. Not offering a written warranty as required by O.C.G.A Section 43-41-7 and rule 553-7-.01;

2. Knowingly charging for unnecessary work;

3. Diverting funds or property received or obtained for completion of a specific project without specific authorization of the consumer for that particular job;

4. Establishing a pattern of charging amounts substantially in excess of any original estimate given by the contractor without having approval from the owner, prior to the accrual of such charges, that the final amount due would or could be substantially in excess of the original estimate;

5. Failure to accurately represent qualifications, capabilities, experience, and the scope of responsibility in connection with work to be performed.

(k) performed any act which assists a person or entity in the prohibited unlicensed practice of contracting if the licensee knows or has reasonable grounds to know that the person or entity is unlicensed.

(l) knowingly combined or conspired with an unlicensed person by allowing his or her license to be used with the intent to evade the provisions of the law pertaining to contractors;

(m) abandoned a construction project in which the contractor who is the individual license holder or a business organization for whom the license holder is a qualifying agent is engaged or under contractor as a residential or general contractor;

(n) signed a statement with respect to a project or contract falsely indicating that the work is bonded;

(o) knowingly and falsely indicated by written statement issued to -the owner that payment has been made for all subcontracted work, labor and materials and for all materials furnished and installed which statement is reasonably relied upon and actually results in a financial loss to the owner;

(p) falsely indicated that workers' compensation and general liability insurance are provided;

(q) committed gross negligence, repeated or persistent negligence or negligence resulting in a significant danger to life or property;

(r) proceeded on any job without obtaining applicable local building permits and inspections;

(s) used or attempted to use a license that has expired or has been suspended or revoked;

(t) knowingly or intentionally engaged any subcontractor to perform work within the scope of the general or residential construction contract which requires a license under Chapter 14 of Title 43 who does not possess a current and valid license for such work;

(u) failed to satisfy within a reasonable time the terms of a final civil judgment obtained against the licensee or the business organization qualified by the licensee relating to the practice of the licensee's profession;

(v) failed to comply with an order for child support as defined by Code Section 19-11-9.3;

(w) failed to enter into satisfactory repayment status and is a borrower in default as defined by Code Section 20-3-295.

Ga. Comp. R. & Regs. R. 553-9-.01

Authority O.C.G.A. Secs. 43-41-5, 43-41-16, 43-41-19.

Original Rule entitled "Grounds for Disciplinary Action" adopted. F. Oct. 7, 2010; eff. Oct. 27, 2010.