Ga. Comp. R. & Regs. R. 553-4-.02 - Licensure Requirements for an Individual Acting as a Qualifying Agent for a Business Organization Seeking to Engage in the Profession of General Contracting in the Name of the Business Organization
(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 general 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 general contractor
division, accompanied by an application fee as provided by the board.
(2) Additionally, such applicants must submit
to and successfully pass an examination approved by the general contractor
division, except where an applicant is otherwise qualified for licensure and
has satisfied the general 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 general contractor division.
(3) A person shall be eligible for licensure
as a general contractor by the general 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 and financial
responsibility; and
(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 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 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
general contractor, or other proven experience deemed acceptable by the
division and at least one of which shall have been in or relating to
administration, marketing, accounting, estimating, drafting, engineering,
supervision, or project management, or functions deemed substantially similar
by the division.
(d) In
order to satisfactorily prove (a), (b) and (c) 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. Applicants acting as a qualifying agent for a business
organization seeking to engage in general contracting, shall affirm that the
business organization possesses a minimum net worth in an amount of $150,000.
Additionally, in completing the application and submitting it to the general
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 general
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. Much proof of
this will come as detailed in (3)(d) above. Additionally, the application shall
include a list of all persons, entities, and business organizations that the
applicant will be affiliated with as a licensed general 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 in an amount not less than $500,000 and 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. Applicants shall also provide suitable verification of tax
payments by the business organization in a form and manner and for the duration
prescribed by the general contractor division. Such proof of verification shall
be submitted by the applicant as directed by the application for licensure and
any form(s) that might accompany the application. The decision of the general
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 general 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 general 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 general contractor division shall
cause to be conducted an examination of all qualified applicants, except those
exempted from the examination requirement pursuant to Code Section
43-41-8.
(b) The general contractor division shall
cause to be conducted an examination to ascertain 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.
(c) If the results of the applicant's
examination are satisfactory to the general 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
general contractor division shall issue to the applicant a license to engage in
business as a general 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.
(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 general contractor license shall be
issued to an applicant who successfully completes the requirements therefore
upon the payment of fees prescribed by the board.
Notes
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