This is an appeal by the Georgia State Licensing Board for Residential and General Contractors “Board” from two orders of the Superior Court of Muscogee County in this suit by more than 40 contractors, Richard Allen et al. collectively “plaintiffs”, against the Board and the Columbus Muscogee County Consolidated Government “County” seeking declaratory judgment, injunctive relief, and damages in regard to a statewide licensing system for residential and general contractors “licensing law”. See OCGA § 43-41-1 et seq. The first order at issue denied the Board’s “Special Appearance Motion to Dismiss or, in the Alternative, Motion to Transfer Proceedings” ; the second challenged order granted the plaintiffs a preliminary injunction regarding the enforcement of the licensing law. For the reasons which follow, we affirm the judgment denying dismissal and a change in venue and reverse the judgment granting a preliminary injunction. The Board is responsible for licensing and regulating residential and general contractors in Georgia. See OCGA § 43-41-1 et seq. On and after July 1, 2008, a valid residential or general contractor license issued by the Board is required to lawfully engage in the business of residential and general contracting within the state. OCGA § § 43-41-9 a1, 43-41-17 a.2 For an eighteen-month period beginning January 1, 2006, it was possible for a contractor to apply for licensure by exemption from examination by filing an application with the Board with the required proof of the basis of the exemption. OCGA § 43-41-17 a. After July 1, 2007, any applicant seeking licensure from the Board had to pass an examination and meet other qualifications. OCGA § § 43-41-6 a3; 43-41-17 a.
OCGA § 43-41-17 c4 provides for an exception to the requirement to have state licensure, if the local municipality’s or county’s criteria for local licensure is “at least as strict and stringent, in the sole judgment of the board, as those for the issuance of a corresponding state-wide license.” OCGA § 43-41-17 c 2 A. The County had a local licensing program in place prior to the time the licensing law went into effect.