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. ยง
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.
Notes
Ga. Comp. R. & Regs. R. 553-2-.11
O.C.G.A. Secs.
43-41-5, 43-41-8.
Original Rule entitled
"Exemption from General Contracting Examination - Qualifying Agent Having the
Necessary Experience in Georgia" adopted. F. Oct.
14, 2005; eff. Nov. 3, 2005.