Chapter 553-3 QUALIFICATIONS FOR LICENSURE - RESIDENTIAL CONTRACTOR DIVISION
| (1) |
An individual person seeking issuance of
a Georgia license in his or her own name for purposes of engaging in the
profession of residential-basic contracting in his or her own name or doing
business as an individual in a trade name as a sole proprietorship shall file
an application on a form provided by the residential contractor division,
accompanied by an application fee as provided by the board. |
| (2) |
Additionally, such applicants must submit
to and successfully pass an examination prepared by the residential contractor
division, except where an applicant is otherwise qualified for licensure and
has satisfied the residential contractor division requirements and regulations
for licensure pursuant to Code Section
43-41-8 exempting such applicant
from the examination requirement. |
| (3) |
A person shall be eligible for licensure
as a residential-basic contractor by the residential contractor division if the
person:
| (a) |
Is at least 21 years of
age; |
| (b) |
Is of a good character and
is otherwise qualified as to competency, ability, and integrity; |
| (c) |
Has at least two years of proven
experience working as or in the employment of a residential contractor,
predominantly in the residential-basic category, or other proven experience
deemed substantially similar by the division; and |
| (d) |
Has had significant responsibility for
the successful performance and completion of at least two projects falling
within the residential-basic category in the two years immediately preceding
application. |
| (e) |
In order to
satisfactorily prove (a), (b), (c) and (d) above, each applicant must swear on
the application for licensure that the applicant satisfies each requirement and
submit satisfactory proof of such when and where directed to do so by the
application. In completing and submitting the application to the residential
contractor division, the applicant consents to the division performing a
background check, including a criminal history, on the applicant if the
division so chooses. |
|
| (4) |
Before being entitled to take an examination or otherwise qualify for issuance
of a license, an applicant must show to the satisfaction of the residential
contractor division from the application and proofs furnished that the
applicant is possessed of a good character and is otherwise qualified as to
competency, ability, integrity, and financial responsibility. The application
shall include a list of all persons, entities, and business organizations that
the applicant will be affiliated with as a licensed residential-basic
contractor, whether by way of employment, ownership, serving as an owner or
director, partnership, or membership or by serving as a qualifying agent under
this chapter. Additionally, all applicants shall provide satisfactory proof of
general liability insurance of not less than $300,000 for the residential-basic
category and satisfactory proof of workers´ compensation insurance as
required by the laws of this state in their name. All applicants shall also
provide their social security numbers. The decision of the residential
contractor division as to the qualifications of applicants shall be conclusive.
A certificate by the insurer or other appropriate evidence of such coverages
shall be maintained with the residential contractor division and shall be a
condition of renewal. A licensee, on his or her own behalf, must notify the
residential contractor division in writing within 30 days of any changes in the
information required to be on file with such division, including, but not
limited to, the licensee's current mailing address, insurance coverages, and
affiliated entities. |
| (5) |
| (a) |
The residential contractor division shall
conduct an examination of all qualified applicants, except those exempted from
the examination requirement pursuant to Code Section
43-41-8. |
| (b) |
The residential contractor division shall
conduct an examination for applicants for residential-basic licenses for the
purpose of determining a particular applicant's ability to make a practical
application of his or her knowledge of the profession of residential-basic
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 such
residential-basic contracting business; his or her knowledge as to the
responsibilities of a residential-basic 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 residential-basic contractors, construction,
workers´ compensation, insurance, and liens. |
| (c) |
If the results of the applicant's
examination are satisfactory to the residential contractor division, or he or
she is exempted from the examination requirement under Code Section
43-41-8, and if he or she has met
the other qualifications and requirements set forth in this Code section, then
the residential contractor division shall issue to the applicant a license to
engage in business as a residential contractor in this state, as provided in
such license, in his or her own name as a sole proprietor, pursuant to and in
accordance with the requirements set forth in Code Section
43-41-9. The residential
contracting license shall indicate that the licensee is qualified as
residential-basic. |
|
| (6) |
Any otherwise qualified applicant failing this examination may be reexamined at
any regularly scheduled examination within one year of the date of original
application upon payment of a reexamination fee, in an amount to be set by the
board, without need to resubmit an application, unless any information set
forth in the previously submitted application is no longer accurate or
complete. Anyone requesting to take the examination a third or subsequent time
shall wait at least one calendar year after the taking of the last examination
and shall submit an application with the appropriate examination
fees. |
| (7) |
A residential-basic
contractor license shall be issued to an applicant who successfully completes
the requirements therefore upon the payment of fees prescribed by the
board. |
| (1) |
An individual person seeking issuance of
a Georgia license in his or her own name for purposes of engaging in the
profession of residential-light commercial contracting in his or her own name
or doing business as an individual in a trade name as a sole proprietorship
shall file an application on a form provided by the residential contractor
division, accompanied by an application fee as provided by the board. |
| (2) |
Additionally, such applicants must submit
to and successfully pass an examination prepared by the residential contractor
division, except where an applicant is otherwise qualified for licensure and
has satisfied the residential contractor division requirements and regulations
for licensure pursuant to Code Section
43-41-8 exempting such applicant
from the examination requirement. |
| (3) |
A person shall be eligible for licensure
as a residential-light commercial contractor by the residential-light
commercial subdivision if the person:
| (a) |
Is
at least 21 years of age; |
| (b) |
Is of
a good character and is otherwise qualified as to competency, ability, and
integrity; |
| (c) |
Meets eligibility
requirements according to one of the following criteria:
| 1. |
Has received a baccalaureate degree from
an accredited four-year college or university in the field of engineering,
architecture, construction management, building construction, or other field
acceptable to the division and has at least one year of proven experience
working as or in the employment of a residential contractor, general
contractor, or other proven experience deemed substantially similar by the
division; |
| 2. |
Has a combination
acceptable to the division of academic credits from any accredited
college-level courses and proven practical experience working as or in the
employment of a residential contractor, general contractor, or other proven
experience deemed substantially similar by the division equaling at least four
years in the aggregate. For purposes of this subparagraph, all university,
college, junior college, or community college-level courses shall be considered
accredited college-level courses; or |
| 3. |
Has a total of at least four years of
proven active experience working in a construction industry related field, at
least two of which shall have been as or in the employment of a residential
contractor, or other proven experience deemed acceptable by the division;
and |
|
| (d) |
Has had
significant responsibility for the successful performance and completion of at
least two projects falling within the residence-light commercial category in
the four years immediately preceding application. To prove "successful
performance and completion" the applicant must include, together with the
application for licensure, an appropriate reference letter from a Georgia
registered architect, a designer, a licensed professional engineer
(predominately practicing structural engineering), or any other reference
acceptable to the subdivision. |
| (e) |
In order to satisfactorily prove (a), (b), (c) and (d) above, each applicant
must swear on the application for licensure that the applicant satisfies each
requirement and submit satisfactory proof of such when and where directed to do
so by the application. In completing and submitting the application to the
residential contractor division, the applicant consents to the division
performing a background check, including a criminal history, on the applicant
if the division so chooses. |
|
| (4) |
Before being entitled to take an
examination or otherwise qualify for issuance of a license, an applicant must
show to the satisfaction of the residential contractor division from the
application and proofs furnished that the applicant is possessed of a good
character and is otherwise qualified as to competency, ability, integrity, and
financial responsibility. In order to satisfactorily prove "financial
responsibility", each applicant must submit satisfactory proof as required by
the application for licensure. In addition, the application shall include a
list of all persons, entities, and business organizations that the applicant
will be affiliated with as a licensed residential-light commercial contractor,
whether by way of employment, ownership, serving as an owner or director,
partnership, or membership or by serving as a qualifying agent under this
chapter. Additionally, all applicants shall provide satisfactory proof of
general liability insurance of not less than $500,000 for the residential-light
commercial category and satisfactory proof of workers´ compensation
insurance as required by the laws of this state in their name. All applicants
shall also provide their social security numbers. The decision of the
residential contractor division as to the qualifications of applicants shall be
conclusive. A certificate by the insurer or other appropriate evidence of such
coverages shall be maintained with the residential contractor division and
shall be a condition of renewal. A licensee, on his or her own behalf, must
notify the residential contractor division in writing within 30 days of any
changes in the information required to be on file with such division,
including, but not limited to, the licensee's current mailing address,
insurance coverages, and affiliated entities. |
| (5) |
| (a) |
The
residential contractor division shall conduct an examination of all qualified
applicants, except those exempted from the examination requirement pursuant to
Code Section
43-41-8. |
| (b) |
The residential contractor division shall
conduct an examination for applicants for residential-light commercial licenses
for the purpose of determining a particular applicant's ability to make a
practical application of his or her knowledge of the profession of
residential-light commercial 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 such residential-light commercial contracting business; his or
her knowledge as to the responsibilities of a residential-light commercial
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
residential-light commercial contractors, construction, workers´
compensation, insurance, and liens. |
| (c) |
If the results of the applicant's
examination are satisfactory to the residential contractor division, or he or
she is exempted from the examination requirement under Code Section
43-41-8, and if he or she has met
the other qualifications and requirements set forth in this Code section, then
the residential contractor division shall issue to the applicant a license to
engage in business as a residential contractor in this state, as provided in
such license, in his or her own name as a sole proprietor, pursuant to and in
accordance with the requirements set forth in Code Section
43-41-9. The residential
contracting license shall indicate that the licensee is qualified as
residential-light commercial. |
|
| (6) |
Any otherwise qualified applicant failing
this examination may be reexamined at any regularly scheduled examination
within one year of the date of original application upon payment of a
reexamination fee, in an amount to be set by the board, without need to
resubmit an application, unless any information set forth in the previously
submitted application is no longer accurate or complete. Anyone requesting to
take the examination a third or subsequent time shall wait at least one
calendar year after the taking of the last examination and shall submit an
application with the appropriate examination fees. |
| (7) |
A residential-light commercial contractor
license shall be issued to an applicant who successfully completes the
requirements therefore upon the payment of fees prescribed by the
board. |
| (1) |
An individual
person affiliated by ownership or employment with and acting as a qualifying
agent for a business organization seeking to engage in the profession of
residential-basic contracting in the name of the business organization in
accordance with and pursuant to Code Section
43-41-9 shall file an application
on a form provided by the residential contractor division, accompanied by an
application fee as provided by the board. |
| (2) |
Additionally, such applicants must submit
to and successfully pass an examination prepared by the residential contractor
division, except where an applicant is otherwise qualified for licensure and
has satisfied the residential contractor division requirements and regulations
for licensure pursuant to Code Section
43-41-8 exempting such applicant
from the examination requirement or where the applicant is an individual acting
as a qualifying agent for a business organization and has previously obtained
and maintained continuously a license issued by the residential contractor
division. |
| (3) |
A person shall be
eligible for licensure as a residential-basic contractor by the residential
contractor division if the person:
| (a) |
Is at
least 21 years of age; |
| (b) |
Is of a
good character and is otherwise qualified as to competency, ability, and
integrity; |
| (c) |
Has at least two
years of proven experience working as or in the employment of a residential
contractor, predominantly in the residential-basic category, or other proven
experience deemed substantially similar by the division; and |
| (d) |
Has had significant responsibility for
the successful performance and completion of at least two projects falling
within the residential-basic category in the two years immediately preceding
application. |
| (e) |
In order to
satisfactorily prove (a), (b), (c) and (d) above, each applicant must swear on
the application for licensure that the applicant satisfies each requirement and
submit satisfactory proof of such when and where directed to do so by the
application. In completing and submitting the application to the residential
contractor division, the applicant consents to the division performing a
background check, including a criminal history, on the applicant if the
division so chooses. |
|
| (4) |
Before being entitled to take an examination or otherwise qualify for issuance
of a license, an applicant must show to the satisfaction of the residential
contractor division from the application and proofs furnished that the
applicant is possessed of a good character and is otherwise qualified as to
competency, ability, integrity, and financial responsibility. The application
shall include a list of all persons, entities, and business organizations that
the applicant will be affiliated with as a licensed residential contractor,
whether by way of employment, ownership, serving as an owner or director,
partnership, or membership or by serving as a qualifying agent under this
chapter. Additionally, all applicants shall provide satisfactory proof of
general liability insurance of not less than $300,000 for the residential-basic
category and satisfactory proof of workers´ compensation insurance as
required by the laws of this state in their name. All applicants shall also
provide the federal taxpayer identification numbers of any business
organization for which the applicant is seeking licensure as a qualifying
agent. The decision of the residential contractor division as to the
qualifications of applicants shall be conclusive. A certificate by the insurer
or other appropriate evidence of such coverages shall be maintained with the
residential contractor division and shall be a condition of renewal. A
licensee, where acting as a qualifying agent on behalf of the business
organization so qualified, must notify the residential contractor division in
writing within 30 days of any changes in the information required to be on file
with such division, including, but not limited to, the business organization's
current mailing address, insurance coverages, and affiliated
entities. |
| (5) |
| (a) |
The residential contractor division shall
conduct an examination of all qualified applicants, except those exempted from
the examination requirement pursuant to Code Section
43-41-8. |
| (b) |
The residential contractor division shall
conduct an examination for applicants for residential-basic licenses for the
purpose of determining a particular applicant's ability to make a practical
application of his or her knowledge of the profession of residential-basic
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 such
residential-basic contracting business; his or her knowledge as to the
responsibilities of a residential-basic 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 residential-basic contractors, construction,
workers´ compensation, insurance, and liens. |
| (c) |
If the results of the applicant's
examination are satisfactory to the residential contractor division, or he or
she is exempted from the examination requirement under Code Section
43-41-8, and if he or she and any
affiliated business organization has met the other qualifications and
requirements set forth in this Code section, then the residential contractor
division shall issue to the applicant a license to engage in business as a
residential contractor in this state, as provided in such license, in his or
her own name as a qualifying agent for the affiliated business organization and
in the name of such business organization, pursuant to and in accordance with
the requirements set forth in Code Section
43-41-9. The residential
contracting license shall indicate that the licensee is qualified as
residential-basic. |
|
| (6) |
Any otherwise qualified applicant failing this examination may be reexamined at
any regularly scheduled examination within one year of the date of original
application upon payment of a reexamination fee, in an amount to be set by the
board, without need to resubmit an application, unless any information set
forth in the previously submitted application is no longer accurate or
complete. Anyone requesting to take the examination a third or subsequent time
shall wait at least one calendar year after the taking of the last examination
and shall submit an application with the appropriate examination
fees. |
| (7) |
A residential-basic
contractor license shall be issued to an applicant who successfully completes
the requirements therefore upon the payment of fees prescribed by the
board. |
| (1) |
An individual
person affiliated by ownership or employment with and acting as a qualifying
agent for a business organization seeking to engage in the profession of
residential-light commercial contracting in the name of the business
organization in accordance with and pursuant to Code Section
43-41-9 shall file an application
on a form provided by the residential contractor division, accompanied by an
application fee as provided by the board. |
| (2) |
Additionally, such applicants must submit
to and successfully pass an examination prepared by the residential contractor
division, except where an applicant is otherwise qualified for licensure and
has satisfied the residential contractor division requirements and regulations
for licensure pursuant to Code Section
43-41-8 exempting such applicant
from the examination requirement or where the applicant is an individual acting
as a qualifying agent for a business organization and has previously obtained
and maintained continuously a license issued by the residential contractor
division. |
| (3) |
A person shall be
eligible for licensure as a residential-light commercial contractor by the
residential-light commercial subdivision if the person:
| (a) |
Is at least 21 years of age; |
| (b) |
Is of a good character and is otherwise
qualified as to competency, ability, and integrity; |
| (c) |
Meets eligibility requirements according
to one of the following criteria:
| 1. |
Has
received a baccalaureate degree from an accredited four-year college or
university in the field of engineering, architecture, construction management,
building construction, or other field acceptable to the division and has at
least one year of proven experience working as or in the employment of a
residential contractor, general contractor, or other proven experience deemed
substantially similar by the division; |
| 2. |
Has a combination acceptable to the
division of academic credits from any accredited college-level courses and
proven practical experience working as or in the employment of a residential
contractor, general contractor, or other proven experience deemed substantially
similar by the division equaling at least four years in the aggregate. For
purposes of this subparagraph, all university, college, junior college, or
community college-level courses shall be considered accredited college-level
courses; or |
| 3. |
Has a total of at
least four years of proven active experience working in a construction industry
related field, at least two of which shall have been as or in the employment of
a residential contractor, or other proven experience deemed acceptable by the
division; and |
|
| (d) |
Has
had significant responsibility for the successful performance and completion of
at least two projects falling within the residence-light commercial category in
the four years immediately preceding application. To prove "successful
performance and completion" the applicant must include, together with the
application for licensure, an appropriate reference letter from a Georgia
registered architect, a designer, a licensed professional engineer
(predominately practicing structural engineering), or any other reference
acceptable to the subdivision. |
| (e) |
In order to satisfactorily prove (a), (b), (c) and (d) above, each applicant
must swear on the application for licensure that the applicant satisfies each
requirement and submit satisfactory proof of such when and where directed to do
so by the application. In completing and submitting the application to the
residential contractor division, the applicant consents to the division
performing a background check, including a criminal history, on the applicant
if the division so chooses. |
|
| (4) |
Before being entitled to take an
examination or otherwise qualify for issuance of a license, an applicant must
show to the satisfaction of the residential contractor division from the
application and proofs furnished that the applicant is possessed of a good
character and is otherwise qualified as to competency, ability, integrity, and
financial responsibility. In order to satisfactorily prove "financial
responsibility", each applicant must submit satisfactory proof as required by
the application for licensure. In addition, the application shall include a
list of all persons, entities, and business organizations that the applicant
will be affiliated with as a licensed residential contractor, whether by way of
employment, ownership, serving as an owner or director, partnership, or
membership or by serving as a qualifying agent under this chapter.
Additionally, all applicants shall provide satisfactory proof of general
liability insurance of not less than $500,000 for the residential-light
commercial category and satisfactory proof of workers´ compensation
insurance as required by the laws of this state in their name. All applicants
shall also provide the federal taxpayer identification numbers of any business
organization for which the applicant is seeking licensure as a qualifying
agent. The decision of the residential contractor division as to the
qualifications of applicants shall be conclusive. A certificate by the insurer
or other appropriate evidence of such coverages shall be maintained with the
residential contractor division and shall be a condition of renewal. A
licensee, where acting as a qualifying agent on behalf of the business
organization so qualified, must notify the residential contractor division in
writing within 30 days of any changes in the information required to be on file
with such division, including, but not limited to, the business organization's
current mailing address, insurance coverages, and affiliated
entities. |
| (5) |
| (a) |
The residential contractor division shall
conduct an examination of all qualified applicants, except those exempted from
the examination requirement pursuant to Code Section
43-41-8. |
| (b) |
The residential contractor division shall
conduct an examination for applicants for residential-light commercial licenses
for the purpose of determining a particular applicant's ability to make a
practical application of his or her knowledge of the profession of
residential-light commercial 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 such residential-light commercial contracting business; his or
her knowledge as to the responsibilities of a residential-light commercial
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
residential-light commercial contractors, construction, workers´
compensation, insurance, and liens. |
| (c) |
If the results of the applicant's
examination are satisfactory to the residential contractor division, or he or
she is exempted from the examination requirement under Code Section
43-41-8, and if he or she and any
affiliated business organization has met the other qualifications and
requirements set forth in this Code section, then the residential contractor
division shall issue to the applicant a license to engage in business as a
residential contractor in this state, as provided in such license, in his or
her own name as a qualifying agent for the affiliated business organization and
in the name of such business organization, pursuant to and in accordance with
the requirements set forth in Code Section
43-41-9. The residential
contracting license shall indicate that the licensee is qualified as
residential-light commercial. |
|
| (6) |
Any otherwise qualified applicant failing
this examination may be reexamined at any regularly scheduled examination
within one year of the date of original application upon payment of a
reexamination fee, in an amount to be set by the board, without need to
resubmit an application, unless any information set forth in the previously
submitted application is no longer accurate or complete. Anyone requesting to
take the examination a third or subsequent time shall wait at least one
calendar year after the taking of the last examination and shall submit an
application with the appropriate examination fees. |
| (7) |
A residential-light commercial contractor
license shall be issued to an applicant who successfully completes the
requirements therefore upon the payment of fees prescribed by the
board. |
| (1) |
Where an applicant under Chapter 41 of
O.C.G.A., Title 43 is seeking issuance of a residential contractor license on
behalf and for the benefit of a business organization seeking to engage in
residential contracting as a business organization, or in any name other than
the applicant's legal name or trade name where the applicant is doing business
as a sole proprietorship, the application for a license under Chapter 41 of
O.C.G.A., Title 43 must be submitted by and through an individual qualifying
agent for such business organization or entity and expressly on behalf of such
business organization or entity. In such case, the license shall be issued to
the individual qualifying agent and to the affiliated business organization or
entity on whose behalf the application was made. It shall be unlawful for any
person, firm, corporation, or association to operate a business organization or
entity engaged in the business of residential contracting after July 1, 2007,
without first obtaining a license from the residential contractor division,
except as provided for in O.C.G.A. 43-41-17(b). The residential contractor
division shall not issue a license to any business organization or entity to
engage in residential contracting unless such business organization or entity
employs at least one currently licensed residential contractor who is actually
engaged in the practice of residential contracting for such business
organization or entity on a full-time basis and provides adequate supervision
and is responsible for the projects of such business organization or entity. A
business organization may allow more than one person to act as a qualifying
agent for such organization, subject to each such individual qualifying agent
having successfully satisfied the requirements for issuance of a license under
Chapter 41 of O.C.G.A., Title 43 and having obtained issuance of such a license
by the residential contractor division. Each such business organization shall
have at least one qualifying agent in order to be considered authorized to
engage in such contracting business. |
| (2) |
The application for a license by a
qualifying agent must include an affidavit 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. The affidavit will be on a form included with
the application for licensure and must be signed by an authorized agent of the
business organization who possesses binding authority for the business
organization. |
| (3) |
If, during the
period encompassed by a license issued to a qualifying agent acting for and on
behalf of an affiliated business organization, there is a change in any
information that is required to be stated on the application, the business
organization shall, within 45 days after such change occurs, submit the correct
information to the residential contractor division. |
| (4) |
| (a) |
At
least one qualifying agent shall be licensed under this chapter in order for
the business organization to obtain a license as a residential contractor. If
any qualifying agent ceases to be affiliated with such business organization,
for any reason, he or she shall so inform the residential contractor division
within 45 days. In addition, if such qualifying agent is the only qualifying
agent licensed hereunder affiliated with the business organization, the
business organization shall notify in writing within 45 days the residential
contractor division of the termination of the relationship with that qualifying
agent and shall have 120 days from the termination of the qualifying agent's
affiliation with the business organization to employ another qualifying agent
and submit an application for licensure under the new qualifying agent. The
submission of such application shall serve to maintain the licensed status of
the business organization pending and subject to approval of such application
by the residential contractor division; provided that, should such application
be denied by that division, then, after passage of the 120 day period, the
business organization shall cease to be considered licensed as a residential
contractor unless and until a new application is submitted and approved by the
residential contractor division. In such circumstance, the affected business
organization may not thereafter engage in residential contracting until a new
qualifying agent is employed, unless the residential contractor division has
granted a temporary nonrenewable license to the financially responsible
officer, the president or chief executive officer, a partner, or, in the case
of a limited partnership, the general partner, who thereafter shall assume all
responsibilities of a qualifying agent for the business organization or entity.
This temporary license shall only allow the entity to proceed with incomplete
contracts already in progress. For the purposes of this paragraph, an
incomplete contract is one which has been awarded to, or entered into, by the
business organization prior to the cessation of affiliation of the qualifying
agent with the business organization or one on which the business organization
was the low bidder and the contract is subsequently awarded, regardless of
whether any actual work has commenced under the contract prior to the
qualifying agent ceasing to be affiliated with the business
organization. |
| (b) |
The qualifying
agent shall inform the residential contractor division in writing when he or
she proposes to engage in residential contracting in his or her own name or in
affiliation with another business organization, and he or she or such new
business organization shall supply the same information to the division as
required of applicants under Chapter 41 of O.C.G.A., Title 43. Such person
shall be deemed to be a licensed residential contractor for the original term
of his or her license, provided that he or she qualified for such license based
on his or her own personal qualifications as to financial responsibility and
insurance. Otherwise, such individual shall be required to submit a new
application demonstrating satisfaction of such financial and insurance
requirements himself or herself or by the business organization he or she
desires to qualify, but such person shall be entitled to continue engaging in
the business of residential contracting in accordance with and under his or her
previously issued license unless and until the residential division determines
that the person seeking issuance of the license no longer meets these
requirements. |
| (c) |
Upon a favorable
determination by the division having jurisdiction, after investigation of the
financial responsibility, if applicable, and insurance of the qualifying agent
and the new business organization, the division shall issue, without an
examination, a new license in the name of the qualifying agent and in the name
of the new affiliated business organization. |
|
| (5) |
Disciplinary action and other sanctions
provided in this chapter may be administered against a business organization
operating under a license issued through its licensed qualifying agent or
agents in the same manner and on the same grounds as disciplinary actions or
sanctions against an individual or license holder acting as its qualifying
agent under this chapter. The division or the board may deny the license to a
qualifying agent for any business organization if the qualifying agent or
business organization has been involved in past disciplinary actions or on any
grounds for which individual licenses can be denied. |
| (6) |
Each qualifying agent shall pay the
residential division an amount equal to the original fee for a license applied
for on behalf of a new business organization. If the qualifying agent for a
business organization desires to qualify additional business organizations, the
division shall require him or her to present evidence of the financial
responsibility, if applicable, and insurance of each such
organization. |
| (7) |
All qualifying
agents for a business organization are jointly and equally responsible for
supervision of all operations of the business organization, for all field work
at all sites, and for financial matters, both for the organization in general
and for each specific job for which his or her license was used to obtain the
building permit. |
| (8) |
Any change in
the status of a qualifying agent is prospective only. A qualifying agent shall
for purposes of application of Chapter 41 of O.C.G.A., Title 43 and the
enforcement and disciplinary mechanisms thereunder be and remain responsible
for his or her actions or omissions as well as those of the business
organization for which such person had acted as a qualifying agent occurring
during his or her period of service as such qualifying agent as and to the
extent set forth in this chapter. A qualifying agent is not responsible for his
or her predecessor's actions, but is responsible, even after a change in
status, for matters for which he or she was responsible while in a particular
status. Further, nothing in this rule shall be interpreted as a basis for
imposition of civil liability against an individual qualifying agent by any
owner or other third party claimant beyond the liability that would otherwise
exist legally or contractually apart from and independent of the individual's
status as a qualifying agent. |
A joint venture is considered a separate and distinct
organization for licensing purposes under this chapter and must be qualified
and licensed in accordance with the residential contractor division's rules and
regulations either:
| (a) |
In its own
name as a separate business organization; or |
| (b) |
By each of the members of the joint
venture doing business as a residential contractor holding, as an individual or
as a business organization acting through its qualifying agent, a valid and
current residential contracting license issued by the residential contractor
division. Each such licensed individual or qualifying agent shall be considered
a qualifying agent of such joint venture. It shall be unlawful for any person,
firm, corporation, or association to operate a business organization or entity
as a joint venture engaged in the business of residential contracting after
July 1, 2007, without first obtaining a license from the residential contractor
division, except as provided for in O.C.G.A. § 43-41-17(b). |
| (1) |
As used in the rule:
| (a) |
"Military" means the United States armed
forces, including the National Guard; |
| (b) |
"Military spouse" means a spouse of a
service member or transitioning service member; |
| (c) |
"Service Member" means an active or
reserve member of the armed forces, including the National Guard. |
| (d) |
"Transitioning service member" means a
member of the military on active duty status or on separation leave who is
within 24 months of retirement or 12 months of separation. |
|
| (2) |
Effective July 1, 2017, military spouses
and transitioning service members may qualify for expedited processing of the
license application by showing that the applicant is a military spouse or
transitioning service member and that the applicant has paid the fee and meets
the requirements for a license under the law and rules for the type of license
for which the applicant has applied and in accordance with Title 43, Chapter
41. |
