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Chapter 553-2 EXAMINATION EXEMPTION

Rule 553-2-.01 Examination Exemption Provisions - Residential Contractor Division

As prescribed in O.C.G.A. § 43-41-8, certain persons are eligible to receive a residential contractor license from the residential contractor division without examination, provided that such persons submit a proper application and proofs, pay or have paid the required fees, otherwise meet the requirements of Code Section 43-41-6 for licensure, and are not otherwise in violation of Chapter 41 of Title 43 of the Georgia Code. Said completed applications and request for exemption and necessary proofs must be received between January 1, 2006 and June 30, 2006. from the following eligible persons:

(1) Any person who, among other items enumerated in O.C.G.A. § 43-41-8(a)(1), holds a current and valid license to engage in residential contracting issued to him or her by any governing authority of any political subdivision of this state, and meets all requirements contained in that statute; and
(2) Any person who has successfully and efficiently engaged in residential contracting in this state and meets all requirements contained in that statute.

Rule 553-2-.02 Exemption from Residential Contracting Examination - Individual Holding a Residential Contracting License from a Georgia Political Subdivision

To prove that an applicant who is applying on his or her behalf holds a current and valid license to engage in residential contracting issued to him or her by any governing authority of any political subdivision of this state, the applicant must cause to be submitted to the division a verification of licensure verifying such from that political subdivision. The verification of licensure will be on a form included with the application for examination exemption. Additionally, the verification of licensure shall show that the applicant passed an examination required by the governing authority, which examination is substantially similar to the state examination for residential contractors, in order for the applicant to obtain the license from that governing authority. The division shall determine whether the examination[s] required by any governing authority of the political subdivisions in Georgia is substantially similar to the state examination for residential contractors. Additionally, each applicant must swear on the application for examination exemption that the applicant is a Georgia resident and citizen.

Rule 553-2-.03 Exemption from Residential Contracting Examination - Qualifying Agent Holding a Residential Contracting License from a Georgia Political Subdivision

To prove that an applicant who is applying for licensure as a qualifying agent for a business organization incorporated in Georgia or otherwise authorized and certified to transact business in Georgia holds a current and valid license to engage in residential contracting issued to him or her by any governing authority of any political subdivision of this state, the applicant must cause to be submitted to the division a verification of licensure verifying such from that political subdivision. The verification of licensure will be on a form included with the application for examination exemption. Additionally, the verification of licensure shall show that the applicant passed an examination required by the governing authority, which examination is substantially similar to the state examination for residential contractors, in order for the applicant to obtain the license from that governing authority. The division shall determine whether the examination[s] required by such governing authority of the political subdivisions in Georgia is substantially similar to the state examination for residential contractors. Additionally, the applicant must show that said corporation or business organization possesses a regular office and place of business in Georgia currently and that said corporation or business organization has had the office and place of business continuously for the five years immediately preceding the time of application by swearing to the veracity of such on the application for examination exemption.

Rule 553-2-.04 Exemption from Residential Contracting Examination - Individual Having the Necessary Experience in Georgia

To qualify for the exemption from examination by this means, the applicant must be a resident and citizen of the state of Georgia, the veracity of which shall be sworn to by the applicant on the application for licensure by examination exemption. To prove the additional requirement that the applicant has successfully engaged in residential contracting in Georgia, the applicant must provide, with his or her application, evidence satisfactory to the division of one of the following:

(1) three successful projects located in Georgia which were successfully completed over the period of five years immediately prior to the time of application; or
(2) ten successfully completed residential-basic or residential-light commercial projects located in Georgia over the period of ten years immediately prior to the time of application; or
(3) that he or she has participated in or been engaged in residential-basic or residential-light commercial construction in a supervisory or management capacity for seven of the ten years immediately prior to the time of application.

Rule 553-2-.05 Exemption from Residential Contracting Examination - Qualifying Agent Having the Necessary Experience in Georgia

To qualify for the exemption from examination by this means, the applicant must show that the business organization for which he or she is applying to be the qualifying agent is either incorporated in Georgia or a business organization otherwise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office and place of business continuously for the five years immediately preceding such application. To prove incorporation in Georgia or a business organization otherwise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office and place of business continuously for the five years immediately preceding such application, the applicant must swear to the veracity of such on the application for examination exemption. To prove the additional requirement that the applicant has successfully engaged in residential contracting in Georgia, the applicant must provide, with his or her application, evidence satisfactory to the division of one of the following:

(1) three successful projects located in Georgia which were successfully completed over the period of five years immediately prior to the time of application; or
(2) ten successfully completed residential-basic or residential-light commercial projects located in Georgia over the period of ten years immediately prior to the time of application; or
(3) that he or she has participated in or been engaged in residential-basic or residential-light commercial construction in a supervisory or management capacity for seven of the ten years immediately prior to the time of application.

Rule 553-2-.06 Burden of Proof for Obtaining the Residential Contracting Examination Exemption

Any applicant for issuance of a residential contractor license under this title who shall seek exemption from the examination requirement under subsection (f) of Code Section 43-41-6, on any basis set forth above, shall have the burden of establishing to the satisfaction and within the discretion of the division that the requirements for such exemption have been satisfied. The decision of the division as to the satisfaction of the requirements for such exemption from taking the examination shall be conclusive.

Rule 553-2-.07 Examination Exemption Provisions - General Contractor Division

As prescribed in O.C.G.A. § 43-41-8, certain persons are eligible to receive a general contractor license from the general contractor division without examination, provided that such persons submit a proper application and proofs, pay or have paid the required fees, otherwise meet the requirements of Code Section 43-41-6 for licensure, and are not otherwise in violation of Chapter 41 of Title 43 of the Georgia Code. Said completed applications and request for exemption and necessary proofs must be received between January 1, 2006 and June 30, 2006, from the following eligible persons:

(1) Any person who, among other items enumerated in O.C.G.A. § 43-41-8(a)(1), holds a current and valid license to engage in general contracting issued to him or her by any governing authority of any political subdivision of this state, and meets all requirements contained in that statute; and
(2) Any person who has successfully and efficiently engaged in general contracting in this state and meets all requirements contained in that statute.

Rule 553-2-.08 Exemption from General Contracting Examination - Individual Holding a General Contracting License from a Georgia Political Subdivision

To prove that an applicant who is applying on his or her behalf holds a current and valid license to engage in general contracting issued to him or her by any governing authority of any political subdivision of this state, the applicant must cause to be submitted to the division a verification of licensure verifying such from that political subdivision. The verification of licensure will be on a form included with the application for examination exemption. Additionally, the verification of licensure shall show that the applicant passed an examination required by the governing authority, which examination is substantially similar to the state examination for general contractors, in order for the applicant to obtain the license from that governing authority. The division shall determine whether the examination[s] required by any governing authority of the political subdivisions in Georgia is substantially similar to the state examination for general contractors. In making such determination, the division shall ensure that the examination[s] of the local governing authorities at least satisfy the division examination's requirements for ascertaining the particular applicant's ability to make a practical application of his or her knowledge of the profession of commercial general contracting; the applicant's qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to the general contracting business; his or her knowledge as to the responsibilities of a general contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to general contractors, construction, workers' compensation, insurance, surety bonding, and liens. Additionally, each applicant must swear on the application for examination exemption that the applicant is a Georgia resident and citizen and must, as dictated by the application for examination exemption, also submit with the completed application for examination exemption an appropriate reference letter from a certified public accountant regarding residency and citizenship. The reference letter will be on a form included with the application for examination exemption and must be notarized.

Rule 553-2-.09 Exemption from General Contracting Examination - Qualifying Agent Holding a General Contracting License from a Georgia Political Subdivision

To prove that an applicant who is applying for licensure as a qualifying agent for a business organization incorporated in Georgia or otherwise authorized and certified to transact business in Georgia holds a current and valid license to engage in general contracting issued to him or her by any governing authority of any political subdivision of this state, the applicant must cause to be submitted to the division a verification of licensure verifying such from that political subdivision. The verification of licensure will be on a form included with the application for examination exemption. Additionally, the verification of licensure shall show that the applicant passed an examination required by the governing authority, which examination is substantially similar to the state examination for general contractors, in order for the applicant to obtain the license from that governing authority. The division shall determine whether the examination[s] required by such governing authority of the political subdivisions in Georgia is substantially similar to the state examination for general contractors. In making such determination, the division shall ensure that the examination[s] of the local governing authorities at least satisfy the division examination's requirements for ascertaining the particular applicant's ability to make a practical application of his or her knowledge of the profession of commercial general contracting; the applicant's qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to the general contracting business; his or her knowledge as to the responsibilities of a general contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to general contractors, construction, workers' compensation, insurance, surety bonding, and liens. Additionally, the applicant must show that said corporation or business organization possesses a regular office and place of business in Georgia currently and that said corporation or business organization has had the office and place of business continuously for the five years immediately preceding the time of application. To satisfactorily prove this, the applicant must swear on the application for examination exemption that the corporation or business organization possesses a regular office and place of business in Georgia currently and that said corporation or business organization has had the office and place of business continuously for the five years immediately preceding the time of application. Additionally, the applicant must, as dictated by the application for examination exemption, also submit with the completed application for examination exemption an appropriate reference letter from a certified public accountant regarding said corporation's or business organization's location and duration in Georgia. The reference letter will be on a form included with the application for examination exemption and must be notarized. Moreover, as dictated by O.C.G.A. § 43-41-9(b), the applicant must submit, together with the application for examination exemption, a satisfactory affidavit signed by an authorized agent of the business organization who possesses binding authority for the business organization, on a form provided by the division, attesting that the individual applicant has final approval authority for all construction work performed by the business organization or entity and that the individual applicant has final approval authority on all business matters, including contracts and contract performance and financial affairs of the business organization or entity.

Rule 553-2-.10 Exemption from General Contracting Examination - Individual Having the Necessary Experience in Georgia

To qualify for the exemption from examination by this means, the applicant must be a resident and citizen of the state of Georgia, the veracity of which shall be sworn to by the applicant on the application for examination exemption. To prove the additional requirement that the applicant has successfully engaged in general contracting in Georgia, the applicant must provide, with his or her application, evidence satisfactory to the division of one of the following:

(1) five successful projects located in Georgia which were successfully completed over the period of five years immediately prior to the time of application; or
(2) ten successfully completed general contracting projects located in Georgia over the period of ten years immediately prior to the time of application. To satisfactorily prove "successful projects", the applicant must include, together with and as directed by the application for examination exemption, an appropriate reference letter from a Georgia registered architect verifying the abilities, skills, and knowledge of the applicant regarding each project and an appropriate reference letter from the owner of the subject project, or owner's representative, verifying the owner's satisfaction with the project. The applicant shall enclose with the application for examination exemption both of the above-identified reference letters for each project for which the applicant is attempting to prove successful completion. The reference letters will be on forms included with the application for examination exemption and must be notarized before being submitted with the completed applications. The forms must include, at a minimum, a description of the particular project, where the project occurred, and on what dates. If the applicant cannot provide satisfactory verification via reference letter by a Georgia registered architect and an owner, then the applicant must submit with his or her application for examination exemption a notarized explanation of why he or she cannot provide the particular reference letter.

Rule 553-2-.11 Exemption from General Contracting Examination - Qualifying Agent Having the Necessary Experience in Georgia

To qualify for the exemption from examination by this means, the applicant must show that the business organization for which he or she is applying to be the qualifying agent is either incorporated in Georgia or a business organization otherwise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office and place of business continuously for the five years immediately preceding such application. To prove incorporation in Georgia or a business organization otherwise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office and place of business continuously for the five years immediately preceding such application, the applicant must swear to the veracity of such on the application for examination exemption, and also must submit an appropriate reference letter from a certified public accountant regarding the location and duration of the corporation's or business organization's regular office and place of business in Georgia. To prove the additional requirement that the applicant has successfully engaged in general contracting in Georgia, the applicant must provide, with his or her application, evidence satisfactory to the division of one of the following:

(1) five successful projects located in Georgia which were successfully completed over the period of five years immediately prior to the time of application; or
(2) ten successfully completed general contracting projects located in Georgia over the period of ten years immediately prior to the time of application. To prove "successful projects", the applicant must include, as directed by the application for examination exemption, an appropriate reference letter from a Georgia registered architect verifying the abilities, skills, and knowledge of the applicant regarding each project and an appropriate reference letter from the owner of the subject project, or owner's representative, verifying the owner's satisfaction with the project. The applicant shall enclose with the application for examination exemption both of the above-identified reference letters for each project for which the applicant is attempting to prove successful completion. The reference letters will be on forms included with the application for examination exemption and must be notarized before being submitted with the completed applications. The forms must include, at a minimum, a description of the particular project, where the project occurred, and on what dates. If the applicant cannot provide satisfactory verification via reference letter by a Georgia registered architect and an owner, then the applicant must submit with his or her application for examination exemption a notarized explanation of why he or she cannot provide the particular reference letter. Moreover, as dictated by O.C.G.A. § 43-41-9(b), the applicant must submit, together with the application for examination exemption, a satisfactory affidavit signed by an authorized agent of the business organization who possesses binding authority for the business organization, on a form provided by the Board, attesting that the individual applicant has final approval authority for all construction work performed by the business organization or entity and that the individual applicant has final approval authority on all business matters, including contracts and contract performance and financial affairs of the business organization or entity.

Rule 553-2-.12 Burden of Proof for Obtaining the General Contracting Examination Exemption

Any applicant for issuance of a residential or general contractor license under this title who shall seek exemption from the examination requirement under subsection (f) of Code Section 43-41-6, on any basis set forth above, shall have the burden of establishing to the satisfaction and within the discretion of the division that the requirements for such exemption have been satisfied. The decision of the division as to the satisfaction of the requirements for such exemption from taking the examination shall be conclusive.

Rule 553-2-.13 General Contractor Division Applicants Seeking Licensure by Reciprocity

(1) Any person desiring licensure by reciprocity as a General Contractor, who holds a license in another state or territory of the United States, where such state or territory has entered into a reciprocal agreement with the board and division for the recognition of contractor licenses issued in that state or territory, shall meet the following requirements:
(a) a completed application furnished by the State Licensing Board for Residential and General Contractors;
(b) application fee (the application fee is non-refundable);
(c) proof of license or certification in another state or territory that is substantially equivalent to Georgia's current license criteria, including successful completion of an examination;
(d) compliance with all the Board's laws, rules and policies;
(e) compliance with all state requirements to transact business in Georgia;
(f) passage of Georgia Business and Law examination.
(2) The issuance of any license shall be at the sole discretion of the division and such division may deny the license or approve such license with any conditions it may deem necessary.