Waller v. State Const. Industry Licensing Bd., 39199
| Decision Date | 25 January 1983 |
| Docket Number | No. 39199,39199 |
| Citation | 299 S.E.2d 554,250 Ga. 529 |
| Parties | WALLER, et al. v. The STATE CONSTRUCTION INDUSTRY LICENSING BOARD. |
| Court | Georgia Supreme Court |
Platon P. Constantinides, Richardson, Chenggis, Constantinides & Mallis, Chamblee, for Curtis Ronnie Waller, et al.
Michael J. Bowers, Atty. Gen., Ray O. Lerer, Asst. Atty. Gen., Atlanta, for the State Const. Industry Licensing Bd WELTNER, Justice.
This is an appeal from a judgment rejecting state and federal due process and equal protection challenges to the "area licensing" provision of OCGA § 43-14-8(e)(2)(A) (Code Ann. § 84-3809) insofar as it pertains to the licensing by the State of journeyman and master plumbers. Each of the appellants has demonstrated his ability as a plumber by years of experience, and by meeting local licensing requirements. One is a plumbing inspector for Fulton County.
As an exception to the statutory requirement of standing for a written examination, plumbers licensed by the State under the former law (Ga.L.1968, p. 308, et seq., Code Ann. § 84-4701, et seq.) could apply for and receive during a limited time, a state-wide license under the present law upon establishing the prior issuance of state licenses, and the payment of fees. OCGA § 43-14-8(e)(1) (Code Ann. § 84-3809). On the other hand, plumbers who were not licensed under the former state law, but who held, instead, plumbing licenses from counties and municipalities were exempt from the examination requirement of the new law only so as to permit them to practice plumbing in the localities in which they were formerly licensed. OCGA § 43-14-8(e)(2)(A) (Code Ann. § 84-3809).
The Wallers contend that the distinction created by the exemption clause between formerly state-licensed and formerly locally-licensed plumbers is irrational and discriminatory under the federal and state constitutions.
Prior to passage of the new law, the Wallers obtained licenses as journeyman and master plumbers from the State's most populous localities, whereby they were permitted to work elsewhere in the state without incurring the costs of state-wide licensing.
Under the new law, localities are not permitted to impose qualifications as to competence upon plumbers, although business licenses may be required as revenue measures. OCGA § 43-14-13 (Code Ann. § 84-3814), Ops.Att'y.Gen. U80-31. Hence, the Wallers' practice now is limited to those localities specified in their state-issued "area licenses."
Also challenged are the broad exemptions from the licensing requirements extended by OCGA §§ 43-14-15 and 43-14-16 (Code Ann. § 84-3813).
However, we will not treat these attacks as they were raised initially in superior court, rather than before the State Construction Industry Licensing Board, hence are untimely. DeKalb County v. Post Properties, Inc., 245 Ga. 214, 217(1), 263 S.E.2d 905 (1980).
1. The State insists that OCGA § 43-14-8(e) (Code Ann. § 40-2951). Creates a rational classification between formerly state-licensed plumbers and locally-licensed plumbers, pointing out that many local jurisdictions adopted their own plumbing codes before adoption of a state-wide plumbing code, and that these local codes have been permitted to exist after adoption of the state code. OCGA § 8-2-25. The State asserts that "the only way for the State to insure a plumber's competency and familiarity with statewide plumbing codes and procedures is to either require an examination, to recognize a previously-held State license, or to recognize a local plumber's qualifications to continue to practice in that particular area."
We do not agree. A plumber who obtained a state-wide license under the former state licensing law simply by proof of his business license (Code Ann. § 84-4706) is neither more nor less apt to be familiar with the current state plumbing code than a plumber who formerly was licensed only in certain counties or cities. However, a formerly state-licensed plumber could have obtained a current state-wide license without examination, whereas a formerly locally-licensed plumber may be licensed by the State without examination only in those localities where he was licensed...
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