Rhode Island Code of Regulations
Title 440 - Contractors' Registration and Licensing Board
Chapter 10 - General Administration, Registration, Licensing, and Filing Claims
Subchapter 00 - N/A
Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings
Section 440-RICR-10-00-1.6 - General Registration and Licensing Requirements

Universal Citation: 440 RI Code of Rules 10 00 1.6

Current through September 18, 2024

1.6.1 Registration/License Required

A. Every person who engages in a discipline governed by the Board, listed in §§ 1.1 and 1.2(A) of this Part, must be properly registered or licensed with the Contractors" Registration and Licensing Board prior to engaging in those activities.

B. No person subject to the provisions of this Subchapter shall provide services, offer to the public their services, or represent that they possess a registration/license unless that person possesses a valid registration/license, unless authorized to do so by the Board.

C. Any person who fails to properly obtain a registration or license in their respective discipline, as required, is subject to penalties for operating without a registration or license.

D. For purposes of completing an application in either paper or electronic form, for a permit to conduct activities subject to this Subchapter, the actual applicant does not need to possess a registration/license, as long as the applicant is acting on behalf a validly registered/licensed contractor and it will be the registered/licensed contractor who is doing the work.

E. Officer/Partner Cards/Certificates shall no longer be issued. All current cards/certificates shall expire on December 31, 2019.

F. All Registration/License requirements must be maintained and kept current for the duration of the Registration/License.

1.6.2 Transfer of Registration/License Prohibited

Any registration/license issued to an individual contractor, subcontractor, or business entity is for the exclusive use of that individual or entity and is non-transferrable.

1.6.3 Display of Registration/License Number

A. All Persons subject to the provisions of this Subchapter shall display their registration/license number in a conspicuous manner on all forms of advertising, including but not limited to newsprint classified advertising, newsprint display advertising, pamphlets, telephone directory space ads, online ads, website ads, social media ads, business vehicles, and display ads.

B. Advertising in any form by an unregistered/unlicensed person shall be prohibited, including alphabetical or classified directory listings, vehicles, business cards, and all other forms of advertisements.

C. Registration/license numbers must be included on all written contracts, proposals, and invoices.

D. The wearing of company apparel is exempt from the requirement to include the registration/license number.

1.6.4 Business Entity Registrations/Licenses

A. Any corporation, LLC, or partnership which meets the registration/ licensing requirements may obtain a registration/license upon approval by the Board. The registrant/licensee shall be identified as the responsible person on the application.

B. The responsible person is required to meet all applicable requirements for registration/licensing, including, but not limited to providing evidence of the required insurance and bond and maintaining the required continuing education credit. If the listed responsible person disaffiliates from the business entity or becomes unregistered/unlicensed, the business entity must identify a new responsible person who meets the registration/licensing requirements of that discipline in accordance with § 1.6.7 of this Part.

C. Corporate Documents:
1. If the registrant/licensee is required to be registered with, and certified by, the Rhode Island Secretary of State, the applicant must provide the names of the corporate officers and a copy of the corporate papers filed with the Secretary of State as part of its application.

2. The registrant/licensee is required to notify the Board of any lapse or revocation of corporate status with the Secretary of State.

1.6.5 Nonresident Persons/Registered Agent

No registration/license shall be issued to a nonresident applicant until he or she has filed with the Board a power of attorney constituting and appointing a registered agent upon whom all processes in any action or legal proceeding against him or her may be served, and in the power of attorney agrees that any lawful process against him or her which may be served upon his or her registered agent is of the same force and validity as if served on the nonresident applicant, and that the force continues irrevocably in force until such time as the Board has been duly notified in writing of any change to that status.

1.6.6 Change of Registration

A. Registered individuals or business entities may make application to the Board for a change in their registration. Upon approval by the Board, the former registration number may be transferred to the new registration.

B. When such a change is made, the new registrant shall be responsible for any claims and violations made against the former registrant that are within the jurisdiction of the Board.

C. Nothing within this section shall be construed to limit the availability of any other remedies available to the Board or complainant.

1.6.7 Effect on Registration/License Due to Loss of Responsible Person

A. If the responsible person disaffiliates or otherwise becomes incapacitated, the entity's registration/license shall remain valid until the next examination, or until such times as the Board allows.

B. It shall be the sole responsibility of the entity to appoint a new responsible person that satisfies the registration/license requirements of this Subchapter.

C. In no event, shall the registration/license remain valid for longer than six (6) months after the disaffiliation or incapacitation of the responsible person, without satisfying the registration/licensing requirements of this Subchapter.

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