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.Ga. Comp. R. & Regs. R. 121-6-.05
O.C.G.A. Secs. 43-14-5, 43-14-6, 43-14-8.
Original Rule entitled "Grace Period for Utility Contractors" adopted. F. Jun. 18, 1993; eff. July 8, 1993.