Compilation of Rules and Regulations of the State of Georgia › Department 553 - RULES OF STATE LICENSING BOARD FOR RESIDENTIAL AND GENERAL CONTRACTORS › Chapter 553-3 - QUALIFICATIONS FOR LICENSURE - RESIDENTIAL CONTRACTOR DIVISION › Rule 553-3-.05 - Licensure Issuance for Qualifying Agents and Business Organizations Engaging in the Profession of Residential 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 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.