Current through Register Vol. 42, No. 5, February 29, 2024
(1) Beginning with
applicants for licensure whose applications are received after March 24, 2003,
an examination(s) must be successfully completed before a license will be
issued.
(2) If the application is
satisfactory to the board, then the applicant is entitled to an examination to
determine the applicant's qualifications. This examination may be written. Each
applicant may be charged an examination fee for each written
examination.
(3) Employees
registering as the qualifying party for an applicant must be in full-time
employment for 90 consecutive days immediately preceding the examination. Said
employee shall be prepared to execute an affidavit furnished by the Board at
the time he/she takes the examination giving length of employment, social
security number, and evidence of his/her eligibility by furnishing cancelled
payroll checks representing three preceding months.
(4) Each qualifying party shall provide all
prior affiliations with a licensed contractor(s) and shall disclose whether or
not he/she has been involved in sanctions levied against such
contractor(s).
(5) The following
persons must obtain a successful score on the examination to obtain a
certificate authorizing the applicant to operate as a contractor.
(a) for a sole proprietorship - the
individual owner or full-time employee with a limited written power of attorney
who is in responsible supervision of the business management and construction
practices;
(b) for any partnership
- a general partner or a full-time employee with limited written power of
attorney who is in responsible supervision of the business management and
construction practice;
(c) for any
corporation - a major stockholder or a full-time employee with a limited
written power of attorney who is in responsible supervision of the business
management and construction practice;
(d) for any limited liability company - the
person who is in responsible supervision of the business management and
construction practice and is either manager or full-time employee with a
limited written power of attorney.
(e) in the event that the qualifying agent in
(a), (b), (c) or (d) above leaves the employment of the business, or his or her
employment status changes, written notice must be given within (30) days to the
Board.
(f) if anyone other than an
individual with an ownership interest acts as qualifying agent, then an officer
with an ownership interest or power of attorney must also appear along with the
qualifying agent for interview before the Board.
(6) If the results of the examination of any
applicant are satisfactory to the board, then it may issue to the applicant a
certificate authorizing the applicant to operate as a contractor in this state
if all other licensing requirements have been met. The board shall state the
classifications in which the applicant is qualified to engage in as a
contractor and shall list the monetary limitations thereon as determined by the
statues.
(7) Whenever any applicant
is advised to appear before the board for an interview and fails to appear at
the scheduled time and place without notifying the board at least three (3)
days in advance and fails to appear for interview on three (3) separate
occasions, a new application and fee are required.
(8) Upon request, the Board will provide
general information concerning the examination to any person who intends to be
examined for licensure.
(9)
EXEMPTIONS FROM EXAMINATIONS
(a) Except as
provided for in these regulations, all licensees who are properly licensed
before January 1, 2003 and who renew their 2003 licenses by December 31, 2003,
shall not be required to take an examination in order to maintain their
licenses. Licensees with more than one year since last licensed will not be
deemed current and will not be exempt.
(b) A contractor who is a subsidiary of a
currently licensed contractor and who is making application for a license in
the same classification(s) as that of the currently licensed contractor shall
not be required to take an examination, provided that the majority stock
holder(s) of the subsidiary applicant and the currently licensed company are
the same. It is the responsibility of the currently licensed contractor to
provide verification that there is no change in the employment status of the
qualifying party for the original license.
(c) A licensed firm making application for a
subsidiary license for the same classification(s) as those in which the
licensed firm has qualified may be exempt from examination, provided that the
qualifying party on record with the Board for the licensed firm making
application for a subsidiary license is the same as that of the parent company.
It is further provided that any subsidiaries qualifying under the terms of this
section shall not be permitted to assume the position of a parent company or
firm for the purpose of forming additional subsidiaries.
(d) A qualifying party making application for
a license as an individual, stockholder, or principal owner may be exempt from
taking another examination for which he/she has previously taken and passed,
subject to the approval of the Board.
(e) In the event that the principals in a
partnership, firm or corporation should separate or dissolve, each individual
or the remaining entity may apply to the Board for license in the new name(s)
without having to pass an examination so long as all requirements for licensure
are otherwise met.
(f) An applicant
requesting license in a specific sub-classification where there is no technical
written examination shall be examined by the Board from three or more written
references from contractors, engineers, architects, or qualified persons
determined by the Board.
(10) RECIPROCITY
(a) Other States: Any applicant applying for
a license or license amendment who desires that the trade examination portion
of these rules and regulations be waived shall cause the state licensing board
for general contractors of the state in which he is licensed in good standing
to certify in writing that such board will grant the same waiver of such laws
of that state to general contractors licensed by this Board. In addition, each
board shall identify the qualifying party or parties that successfully
completed the examination.
(b)
Other Boards in Alabama: If an applicant for license as a contractor is
licensed by another regulatory board in this state in the same classification,
sub classification or specialty classification as that for which the applicant
seeks license from this Board, the Board may waive examination requirement if
it is determined in its discretion that the examination given by the other
board meets the requirements which would be tested by this Board's
examination.
(11) Any
applicant caught cheating or assisting another to cheat on the license
examination shall be prohibited from completing the exam or if the exam is
completed the results will not be accepted by the Board. Only after a period of
six months will the applicant be allowed to reapply and sit for the examination
again. If an applicant is caught cheating and or assisting another to cheat
more than once he/she will be required to appear before the Board before
further applications will be considered.
Author: Cherie E. Colquett
Statutory Authority:
Code of Ala.
1975, §
34-8-2;
34-8-3.
