Chapter 553-2 EXAMINATION EXEMPTION
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. |
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.
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.
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. |
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. |
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.
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. |
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.
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.
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. |
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. |
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.
| (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. |
