Georgia Construction and Licensing Law for Residential Contractors, Specialty Contractors and Home Owners

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What if I get a denial or deficiency letter? 
If you get either of these letters, there are important steps to take to preserve your rights and to keep your application moving. 

Deficiency.  A deficiency letter is the written notice sent to an applicant after the review of the application by staff members (generally an application specialist).  The letter should identify the specific areas of deficiency and provide general guidance on how to address the deficiencies.  Unfortunately, for many, the letters often are not very clear and require a very precise reading.  At times, the letter may require understanding of the requirements of the law and the Board policies (many of which are not posted publically except in the minutes -- which is why I have attended the general board meetings in Macon each month for over a year).  The letter also provides other licensing options if applicable.  Lastly, there is a 35 day response requirement which is time from the date of the letter and may be strictly enforced.  DO NOT DELAY.    CONSIDER A DEFICIENCY LETTER A CRISIS OF MAJOR PROPORTION TO YOUR LICENSE EFFORTS. 
 
My own experience from reviewing some of these letters that clients have brought me is that they are much less clear than the staff often believes and can be very confusing.  Unless you fully understand what they are asking for, seek advice.  Several associations have provided their members some information but if you have any questions or concerns, seek legal advice.  
 
You may contact the Board staff if you have any questions but the experiences relayed to me have been that reaching staff members is difficult (and may be nearly impossible as the licensing deadline approaches) and, if you actually reach a staff member, the information you may be given may not be reliable.  Staff members are not allowed to provide legal advice. 
 

 
Denial - Exam Exemption.  A denial letter is the written notice sent to an applicant who has appliced to be exempt from actually taking the licensing exam and has not met the legal requirements for the exam exemption.  A denial letter relating to an applicant who has applied for exam exemption does not mean that an applicant has been denied an actual license.  The Secretary of State's office notes that denials have occurred primarily for 3 reasons:  (1) the applicant is engaged in work that does not require a license**, (2) the applicant did not meet the exemption criteria, or (3) the applicant failed to provide additional information as requested (which may mean a failure to respond to the deficiency letter within the 35 day period). 
 
** - the Secretary of State's letter noting this reason however does not detail the changes in Board policy as to changes in interpretation of who needs a license and what projects qualify.  See the Pool and Spa Professional pages on this website for the effect of my efforts on behalf of the APSP as to this area.   

Denial - Exam.  Although as of July 2008, the Secretary of State's office has not indicated that any denials have yet been issued, these letters likely have been issued to some.   
What do I do if denied?
The Board has the sole authority over approvals/denials of applications.  The applicant may request an appearance before the appropriate division of the Board for reconsideration.  To request an appearance before the Boar, the applicant must submit the request to the Board in writing. 
 
Applicants requesting an appearance will be notified by phone followed by written confirmation, within 7 business days, of the date, time and location of the appearance.*  Currently you should expect to be part of a mass group of appeals and you will be given approximately 5 minutes to make your presentation.  In many cases, given the volume of appeals, you will often have to wait beyond the time stated for your particular group.  You will often not get a decision at the hearing and you have to wait for a decision to be sent to you after the hearing. 
 
If you are denied, I would strongly urge you to obtain legal counsel who is knowledgable about licensing and all of the issues.  Please feel free to consult with me if you want legal representation
 
If you are denied for exam exemption and your appeal is denied, you may still submit an application (if otherwise qualified) for the exam. 
 
* - This information provided by the Secretary of State's office as of January, 2008. 
 

Tip for Monitoring your applicationDo NOT wait to be contacted by the Licensing Board via mail alone.  There are numerous license applicants who have indicated that they have not received communications from the Board (which are sent by US Mail). 

 

Check the status of your application online at least weekly and be sure to take note of any communications that are noted to have been sent.  Call the Board staff if you do not get it timely.  They are generally cooperative in faxing another copy. 

 

In many cases you have only 35 days from the date of the letter to respond.  DO NOT fail to respond within that time period. 

 

When you respond to any inquiry or send any communication to the Board (including your original application), be sure to send anything to the Board by certified mail or other method that can be traced so that you can prove the delivery date. 

 

Last, be sure to keep copies of EVERYTHING you send to the Board.