North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 12 - GENERAL CONTRACTORS › Subchapter A - GENERAL PROVISIONS › Section .0200 - LICENSING REQUIREMENTS › Section 12A .0205 - QUALIFIER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The qualifier
				  for the applicant shall be a responsible managing employee, officer, or member
				  of the personnel of the applicant. A person may serve as a qualifier for no
				  more than two licenses. A qualifier's examination credentials shall archive if
				  the qualifier does not serve as a qualifier for an active licensee for a period
				  of four consecutive years. Once a qualifier's examination credentials archive,
				  he or she shall retake the examination and earn a passing grade in accordance
				  with Rule .0404 of this Chapter to serve as a qualifier.
(b) Subject to the provisions of G.S. 150B
				  and Section .0800 of these Rules, the Board may reject the application of an
				  applicant seeking qualification by employment of a person who has already
				  passed an examination if such person has previously served as qualifier for a
				  licensee that has been disciplined by the Board.
(c) A licensee shall notify the Board in
				  writing in the event a qualifier ceases to be connected with the licensee. The
				  notice shall include the date on which the qualifier was last connected with
				  the licensee and shall be submitted no later than 10 days after the date of
				  separation. A qualifier shall also be required to notify the Board in writing
				  in such circumstances. After such notice is filed with the Board in writing, or
				  the Board determines that the qualifier is no longer connected with the
				  licensee, and if there are no additional qualifiers for the licensee, the
				  license shall be invalidated in accordance with
				  G.S.
				  87-10.
(d) Persons associated with a firm or
				  corporation may take the required examination on behalf of the firm or
				  corporation as described in
				  G.S.
				  87-10. A partner may take an examination on
				  behalf of a partnership.
(e)
				  "Responsible managing" as used in
				  G.S.
				  87-10 means a person who is engaged in the
				  work of the applicant a minimum of 20 hours per week or a majority of the hours
				  operated by the applicant, whichever is less. If the person described herein is
				  not an owner, officer, or partner of the applicant or licensee, the person must
				  be a W-2 employee.
(f) "Members of
				  the personnel" as used in
				  G.S.
				  87-10 means a person who is a responsible
				  managing employee of the applicant or licensee. A member of the personnel must
				  be a W-2 employee and shall not be an independent contractor of the applicant
				  or licensee.
(g) An applicant or
				  licensee may have more than one qualifier. If one person associated with the
				  applicant fails, and another passes, the license shall be granted to that
				  applicant. A license shall be issued only in the classification held by a
				  qualifier who has passed an examination in that classification.
Authority
					 G.S.
					 87-1;
					 87-4;
					 87-10;
					 87-11(a);
Eff. February 1, 1976;
Readopted Eff. September 26,
					 1977;
Amended Eff. April 1, 2014; July 1, 2008; April 1, 2006;
					 August 1, 2000; June 1, 1994; June 1, 1992; May 1, 1989; July 1,
					 1987;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 23, 2016;
Amended Eff.
					 September 1, 2019;September 1, 2018; April 1, 2018;
Recodified from
					 21 NCAC
					 12 .0205 Eff. January 2,
					 2020.