O.C.G.A.
O.C.G.A.

O.C.G.A. § 43-45-24 (2019)

Engaging in pest control business without a license; engaging in field work or soliciting accounts without registering or obtaining certification

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Any person, firm, corporation, association, or any other organization or combination thereof who shall engage in, solicit, supervise, advertise, represent himself to be in, hold himself out as being in, or purport to be, a manager, owner, operator-owner, operator or agent (other than a registered employee), or agent in household pest control, control of wood-destroying organisms, fumigation, or related work, without having first secured a license issued for that purpose by the commission, shall be guilty of a misdemeanor for the first offense. For the second or any subsequent offense, any person violating this chapter shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be punished as provided in Code Section 17-10-4. Each violation shall constitute a separate offense.

(b) Any certified operator, registered employee, or employee or agent of a licensee who shall engage in field work or solicit accounts covered by this chapter and the rules and regulations promulgated hereto, without having first registered or obtained certification under this chapter, shall be guilty of a misdemeanor.

History

Ga. L. 1955, p. 564, § 9; Ga. L. 1957, p. 299, § 5; Ga. L. 1960, p. 813, § 5; Ga. L. 1976, p. 308, §§ 7, 8; Ga. L. 1977, p. 701, § 9; Ga. L. 2002, p. 856, § 3.

Annotations

Cross references. - False or fraudulent advertising, § 10-1-420 et seq.

JUDICIAL DECISIONS ‘‘Professional service’’ for purposes of malpractice action. - Based upon the statutory definition of professional service, a pest control company’s control and treatment of wood destroying organisms is a profession for purposes of filing a professional malpractice action. Colston v. Fred’s Pest Control, Inc., 210 Ga. App. 362, 436 S.E.2d 23 (1993); Fender v. Adams Exterminators, Inc., 218 Ga. App. 62, 460 S.E.2d 528 (1995).

Application of the expert affidavit requirement to pest control services was clearly foreshadowed by Gillis v. Goodgame, 262 Ga. 117, 414 S.E.2d 197 (1992); thus, it was not unfair to dismiss an action for failure to file an affidavit, even though the complaint was filed before a decision that specifically applied the requirement to exterminators. Fender v. Adams Exterminators, Inc., 218 Ga. App. 62, 460 S.E.2d 528 (1995).

OPINIONS OF THE ATTORNEY GENERAL Revocation of license prohibits performance of preexisting contracts. - Once a pest control license has been revoked, one is prohibited from performing any type of structural pest control work,

whether or not done pursuant to a contract entered into prior to the revocation of the license. 1967 Op. Att’y Gen. No. 67-53.

RESEARCH REFERENCES ALR. - Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7. Single or isolated transactions as falling within provisions of commercial or occupational licensing requirements, 93 A.L.R.2d 90.

Recovery back of money paid to unlicensed person required by law to have occupational or business license or permit to make contract, 74 A.L.R.3d 637.

Notes of Decisions
Cited in 3 cases, 1993–1995 · leading case: Fender v. Adams Exterminators, Inc., 460 S.E.2d 528 (Ga. Ct. App. 1995).
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Fender v. Adams Exterminators, Inc., 460 S.E.2d 528 (Ga. Ct. App. 1995). · cites it 4× “See OCGA § 43-45-24, requiring a license issued by the State Structural Pest Control Commission and OCGA § 43-1-1, including the commission within the definition of "state examining board.”
Colston v. Fred's Pest Control, Inc., 436 S.E.2d 23 (Ga. Ct. App. 1993). · cites it 2× “” Moreover, OCGA § 43-45-24 mandates that any person, firm, corporation, or association engaging in household pest control, control of wood-destroying organisms, fumigation, or related work, first secure a license from the State Structural Pest Control Commission, which provides…”
Orkin Exterminating Co. v. Carder, 450 S.E.2d 217 (Ga. Ct. App. 1994). · cites it 2× “In its answer, Orkin raised the failure to file the appropriate malpractice affidavit as a defense. Orkin filed a motion to dismiss the complaint based on Carder’s failure to comply with OCGA § 9-11-9.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.