43-14-10. 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.”#

1. (1)

   No sole proprietorship, partnership, or corporation shall have the right to engage in the business of utility contracting unless:#

   1. (A)

      Such business holds a utility contractor license; and#

   2. (B)

      There is regularly connected with such business a person or persons who holds a valid utility manager certificate issued under this chapter, and such utility manager must be actively engaged in the performance of such business on a full-time basis and must oversee the utility contracting work of all employees of the business.#

2. (2)

   If 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.#

3. (3)

   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:#

1. (1)

   Submit a completed application to the division on the form provided indicating:#

   1. (A)

      The names and addresses of proprietor, partners, or officers of such applicant;#

   2. (B)

      The place and date such partnership was formed or such corporation was incorporated; and#

   3. (C)

      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;#

2. (2)

   Submit its safety policy which must meet the minimum standards established by the board;#

3. (3)

   Pay or have paid the required fees; and#

4. (4)

   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 the 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 seven 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 for by 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.#