Licensing of Occupations Statues

[evets]

i have an argument witht The state of Arizona licensing of contractors law. I understand they have the right to license occupations but in doing so they must stay within constitutional limits in doing so ?
1. all persons in like cirrcumstance must be traeted the same, this is done ( all Doctors Lawyers even Hairdressers tested as indivuals in Az,) this is constitutional but in licensing of contractors the state choose a different way. If a person wants to become a contractor they must tested pay the fee if they can not pass the test or do not have the 4 years of experiance in the trade they my hire a Qualifying party to test for them This person would come from what ever trade the would be contractor is looking to get into
(plumber carpenter ect) 1.a Trade persons and contractors are different classes its been proven in several case so this not only not like cirrcumstance but class legisaltion mixing classes?
The state says if a carpenters wants to make a contract with someone they are limited to 750.00 gross meateral and labor
if the job requires a permit the trade person can not do this also
Title 42 Section 1981 1983 Federal code civil right gives all person within the jurisdiction of the U.S the right to make contracts 1983 says the state can not make unequal law
The law or statues do not treat even the person that they are to protect equally the state has a fund that covers contractor up to 100,000.00 and or 20,000.00 per contract after the 100,000
runs out the consumer after their money must take their problem to court if they don't get to the door first.
One other problem a law must have the abiltiy to reach the goal of protection if only one person is tested they can not over see the non tested person on job sites all over the city or state so no real protestion if the test is not over seeing the untested
several person lawyers and lay person have told me that this still provdeds a resposiable party in case of and injury or wrong doing
but that is not what licensing is for licensing is to prvent the injury from happening ? your opinon on this please

 

[Michael Wechsler]

I'm not sure I understand your post. It seems that you aren't satisfied that laws created by the state of AZ pass the "equal protection" requirement of the US Constitution. The bottom line is that any law the is enacted must protect classes equally and not be discriminatory. I'm not sure what your problem is here -- are you saying that no contractor can charge more than $750.00 for labor? That doesn't make sense. You need to qualify what you are saying and state it clearly so those of us not so familiar with your situation can understand the entire picture.

 

[evets]

Licensing of contractors 2

1. Tiitle 42 1981 gives persons right to make contracts
2. Title 42 1983 gives persons the right for civil action for deprivation of rights theses aer both U.S code

To thelawprofessor
Yes the states contractors licensing law I believe misses the requirment of the constitution?
On equal Protection, The state requires a contrctor to pass a test and pay the fee after passing. if the contractor can not pass the test or can not qualifiy with the 4 years experience time in trade requirements the would be contractor may hire what the state calls a qualifing party
this is a person that can pass the test and has the 4 years in what ever trade experience ( plumber carpenter ect) is then the qualifying party fot thr contractors and must work for the firm or business, one person over seeing any number of project.
1. several cases, all old 1890 1930 say that one person tested for a firm or business to qualify all other workers for that business is discrimator against the person that would work along, making him test and pay fees where the firm hires 1 tested party and then may hire any number of untested to do the work with out testing.
2.one person the tested party working for a business can not over see the untested parties if the business has more then one job site at a time. This also has case law to back it up even the state contractors regulations say that the qualifying party well supervise all work to me supervision is not setting in your office nevere seeing the job ?
Equal protection for the consumer The state says that the licensing of contractors protect the consumers from bad work
1. no tested party on job site where is the protection
2.the state has a limit on what they will pay out to consumers if a contractor get to them 20,000.00 per contract and 100,000.00
gross contracts It has and is happenig in Az today a pool contractor went belly up on 50 would be pool owners after getting 10,000 down to start their pools all most got was a 800.00 hole in their back yard. well the first to get to the registars office and file a claim may get their 20,000.00 or what ever number up to 20,000 $ but afterr the first 8 to 10 claims the rest are left to the courts or what ever means they can do tho get their money back THIS is equal protection fo the persons the state is saying they are proteting ?
Thanks for ur responce Thelawprofressor
hope this make more sence

 

[Michael Wechsler]

OK... I think I understand what you are trying to say. In order to be qualified to perform a certain kind of labor, e.g. plumbing, one needs to take a test regarding plumbing, pass, and pay the fee or work for a required number of years in the profession in some qualified fashion and pay the licensing fee. If the person cannot do so or chooses not to do so, he can hire a party that is qualified to do the work. If a person is qualified, he can hire non-qualified people to do the work provided he is supervising the work (hence the requirement that you cannot supervise 2 jobs at one time.)

Your problem is that non-qualified people aren't really supervised since many of the "qualified" people are just sitting in their office and they shouldn't be allowed to do this. It isn't fair to the non-qualified workers since they are working in the same way as though they would be whether or not they had a license -- alone on the job.

If I understand you correctly, this is not an equal protection issue but more a question of unfair or possibly merely inadequate enforcement of law measures. Equal protection means that laws will not be set up unequally -- and the law isn't. The problem is that enforcement agencies are not doing their job -- and I don't necessarily disagree with your point and frustration. However, sometimes it isn't intentional and more of lack of funding to do a complete job, cracks in the system... but sometimes it is more. A whistleblower may be needed or the press might be alerted -- one method in which the press is supposed to be a positive component of enforcement.

I don't understand the last part of your post with regard to pools. I'm not sure why the state is paying money for pools -- are these contracts with the state of AZ? I'm not sure I understand what you are saying with regard to the procedure.

 

[evets]

occupational licensing 3

Title 42 Section 1981 U.S.C gives all person the right to make and enforce contracts
Title 42 Section 1983 U.S.C gives persons the right to challenges in court a state goverenment law or statues that under the color of state law take rights from person within the Us Jurisdition

1. the state has made a classiffcation in occupation they call them contractors ((they have that right Constitutional)) but with that right they must structure the statue or law within the constitutional limits of law 1.a The Law must be needed 2.a the law must be able to reach the desired goals ((this would be to protect from poor workmanship)) 3.a the law must be equal and treat all in like cirrcumstance the same.

The state says contractors can test then hire any number of untested persons to do work with and for them. The stater say a contractor may even hire a quaifying party if the would be contractor can not pass the test (( this quaifying party because of the experance in trade requirment would come out of a different class carpenters plumber Ect. contractors are a class of their own
plumbers carpenters ect are a different class this is class legislation and u can'y mix and match class go's back to treating all in like circumstance the same equal protection within a class.
doctors and lawyers are a class and one doctor can not test then hire 50 person off the street to work and do his doctoring for him ? a lawyer can hire a hairdresser to pass a test for him and protect the general public from harm? contractors PLUS the state says that if u want to make a contract with someone that is over 750.00 or requries a permit u must get a contractors license or work for one they have taken away the right to make a living from the trade persons by making them change classes or work for another class ? your opinon thelawprofessor
Thanks

 

[Michael Wechsler]

There is a difference between general labor and specialties. It wouldn't make sense to have a doctor supervise people that aren't doctors to do medical work that they are clearly not qualified for. It's not the same with many other contract work and I'm willing to bet that the more dangerous the repercussions of doing the work incorrectly, the more likely that the statute you are talking about does not apply which grants permission for laypeople to perform the work.

 

[evets]

equal protection under the law

when in making law under the constitution of th U.S what a person does to make a lawful living is not relitive to the degree of law or statue that is place on it. Agree some occupations are more dangerous to persons and the general public and more training is needed in some occupations but once the state or goverenment body decides to make a law, and in that law they have made a class or classes of people then all those persons within that class must be treated in the same way. doctors are a class lawyers also. You have actually hit the nail on the head with your statement that "it would not make to have doctors supervise person that are not doctors" that is part of the point the state has makes a class of pesons they call them contractor(they have that right constitutionally no argument) then they say that if a contractor can not pass the test to become one they may hire a person from another classs (trade persons) to take the test for him or her. contractors are their own class they do not but themselfs out to actually do the work themself (in most cases)
a treade person is one that actually puts themself out to do the work with their tools and hands Two different classes (IT does not make sense for a contractor that is not goiung to over see
the work and may not even know what they are over seeing if doing so to be the only person the state let make contracts in that area of occupation no protection just monoplozation
Thanks for your time hope to hear frorm u captainzenitram