Compilation of Rules and Regulations of the State of Georgia › Department 553 - RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS › Chapter 553-4 - QUALIFICATIONS FOR LICENSURE - GENERAL CONTRACTOR DIVISION › Rule 553-4-.03 - Licensure Issuance for Qualifying Agents and Business Organizations Engaging in the Profession of General Contracting

Current through Rules and Regulations filed through June 27, 2024
(1) Where an applicant under Chapter 41 of
			 O.C.G.A., Title 43 is seeking issuance of a general contractor license on
			 behalf and for the benefit of a business organization seeking to engage in
			 general 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 general contracting after July 1, 2007,
			 without first obtaining a license from the general contractor division, except
			 as provided for in O.C.G.A. §
								43-41-17(b). The
			 general contractor division shall not issue a license to any business
			 organization or entity to engage in general contracting unless such business
			 organization or entity employs at least one currently licensed general
			 contractor who is actually engaged in the practice of general 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 general 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 general 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 general contractor. If any
			 qualifying agent ceases to be affiliated with such business organization, for
			 any reason, he or she shall so inform the general 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 general 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 general
			 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 general contractor unless and until
			 a new application is submitted and approved by the general contractor division.
			 In such circumstance, the affected business organization may not thereafter
			 engage in general contracting until a new qualifying agent is employed, unless
			 the general 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 general contractor division in writing when
			 he or she proposes to engage in general 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 general 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 general contracting in accordance with and under his or her
			 previously issued license unless and until the general 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.