Title 43. PROFESSIONS AND BUSINESSES · Chapter 14. ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORS
43-14-17. Evidence of violation; cease and desist orders; fines; other penalties for violations.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
If a person is in violation of paragraph (1) or (2) of subsection (c) of Code Section 43-14-8, it shall not be necessary for an investigator to observe or witness the unlicensed person engaged illegally in the process of work or to show work in progress or work completed in order to prove the unlawful practice of conditioned air contracting, plumbing contracting, or electrical contracting by an unlicensed person.#
- (b)
It shall be prima-facie evidence of a violation of this chapter if any person not licensed as a conditioned air contractor, plumbing contractor, or electrical contractor advertises that such person is in the business or profession of a conditioned air contractor, plumbing contractor, or electrical contractor or advertises in a manner such that the general public would believe that such person is a licensed conditioned air contractor or in the business or profession of a conditioned air contractor, is a licensed plumbing contractor in the business or profession of a plumbing contractor, or is a licensed electrical contractor in the business or profession of an electrical contractor. Advertising under this subsection includes, but is not limited to, newspaper, internet, social media and digital applications, television, radio, telephone directory listings, mailings, business cards, or signage at a place of business or attached to a vehicle.#
- (c)
Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the business or profession of a conditioned air contractor, plumbing contractor, or electrical contractor without a license as required under this chapter.#
- (d)
The violation of any cease and desist order of the board issued under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $1,500.00 for each violation thereof. Each day that a person practices in violation of this Code section and chapter shall constitute a separate violation.#
- (e)
Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.#
History
Code 1981, § 43-14-12.1, enacted by Ga. L. 1998, p. 1517, § 1; Ga. L. 2001, p. 883, § 2; Code 1981, § 43-14-17, as redesignated by Ga. L. 2025, p. 359, § 1-1/SB 125, effective July 1, 2025.
Amendments
The 2025 amendment, effective July 1, 2025, redesignated former Code Section 43-14-12.1 as present Code Section 43-14-17; inserted “plumbing contracting, or electrical contracting” in subsection (a); in subsection (b), in the first sentence, inserted “, plumbing contractor, or electrical contractor” twice and “, is a licensed plumbing contractor in the business or profession of a plumbing contractor, or is a licensed electrical contractor in the business or profession of an electrical contractor” in the second sentence, inserted “internet, social media and digital applications” and “listings” and substituted “signage at a” for “sign at”; inserted “, plumbing contractor, or electrical contractor” in subsection (c); and substituted “$1,500.00” for “$500.00” in the first sentence of subsection (d).
Editor's notes
Former Code Section 43-14-17 was redesignated by Ga. L. 1993, p. 1339, § 13, effective April 15, 1993, as Code Section 43-14-14 (now Code Section 43-14-20).
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Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t43-ch1-32-(v30)-pdf.pdf, Volume V30, 2022 edition, 2025 supplement, pages 160 to 161; merge action: replaced; file SHA-256 2878b50660ad.
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