The Georgia legislature passed a law requiring contractors to have a license issued by the Georgia Licensing

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The Georgia legislature passed a law requiring contractors to have a license issued by the Georgia Licensing Board for Residential and General Contractors. A contractor must pass an examination and meet other requirements. If a county has a licensing requirement at least as strict as the state license process, a contractor can operate under such license.

Allen and forty other contractors had licenses from Muscogee County, but its licensing requirement was not as strict as the new state process. After a year-long grace period, the Board held that Allen and the other contractors were not properly licensed and could not work as contractors until they became properly licensed. Apparently many of the contractors did not know about the new requirement as the County did not inform them of the consequences of the new licensing rules.


1. Suppose the licensing requirement imposed by the state was found to be improper. What remedy would there be for the contractors had been prevented from working by the defective regulatory scheme?

2. Suppose the trial court found there to be a "valid basis" for thinking the statute to be defective.

Could it have issued the injunction then?


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The Legal Environment of Business

ISBN: 978-0538473996

11th Edition

Authors: Roger E Meiners, Al H. Ringleb, Frances L. Edwards

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