Ariz. Admin. Code § 4-9-106

Current through Register Vol. 30, No. 44, November 1, 2024

Section R4-9-106 - Examinations

A. Definitions.

1.Statutes and Rules Examination. The term statutes and rules examination" means the examination required in A.R.S. § 32-1122(E)(2) addressing the qualifying party's general knowledge of the contracting business in Arizona. The Registrar of Contractors statutory and regulatory examination addresses the qualifying party's general knowledge of:

a. The building, safety, health, and lien laws of the state;

b. Administrative principles of the contracting business;

c. The rules adopted by the Registrar; and

d. Any matters deemed appropriate by the Registrar to determine that the qualifying party meets the requirements of Chapter 10, Title 32.

2.Trade Examination. The term "trade examination" means the examination required in A.R.S. § 32-1122(E)(2) addressing the qualifying party's knowledge of the particular kind of work performed in the license classification. The trade examination addresses the qualifying party's:

a. Qualification in the kind of work for which the applicant proposes to contract;

b. Knowledge and understanding of construction plans and specifications applicable to the particular industry or craft;

c. Knowledge and understanding of the standards of construction work and techniques and practices in the particular industry or craft;

d. General understanding of other related construction trades; and

e. Any matters deemed appropriate by the Registrar to determine that the qualifying party meets the requirements of Chapter 10, Title 32.

B. Frequency of Examinations. The Registrar, or a contracted testing service, must administer Registrar of Contractors statutory and regulatory examinations and trade examinations at least once a week.

C. Passing Grade. On each required examination, the qualifying party must receive a grade of at least 70%.

D. Retaking Examinations after Failure. If the qualifying party fails to receive a grade of at least 70% on an examination, the qualifying party may retake the examination only after waiting:

1. 30 calendar days from the first failure;

2. 30 calendar days from the second failure; and

3. 90 days from any other failure.

E. Waiver of the Trade Examination Requirement in A.R.S. § 32-1122.

1. Waiver of Trade Examination Requirement for a Qualifying Party from Another State.

a.Authority for Waiver. In addition to the Registrar's authority in A.R.S. § 32-1122(E) to waive the examination requirement for a qualifying party in this state, the Registrar may waive the trade examination requirement for the qualifying party for a licensee in another state.

b.Conditions for Waiver. The Registrar may waive the trade examination requirement if records reflect that the qualifying party is currently or has previously been a qualifying party for a licensee in the other state in the same classification, or in a comparable classification, within the preceding five years.

2.Extent of Waiver of Trade Examination Requirement for Any Qualifying Party. Waiver of Trade Examination Permitted. The Registrar may waive the trade examination requirement with respect to the trade examination if:

a. A qualifying party for a license in this state meets the conditions for waiver in A.R.S. § 32-1122(E); or

b. A qualifying party for a license in another state meets the conditions for waiver in subsection (E)(1) of this rule.

F. Waiver of Experience Requirement in A.R.S. § 32-1122 based on Examination.

1.Examination and Certification Cause for Waiver of Experience Requirement for a Qualifying Party. By classification, the Registrar may administratively waive experience requirements, all or in part, based on:

a. The applicant's passing of an appropriate trade examination; or

b. Proof of successful completion of an acceptable and nationally recognized certification.

2.Timeliness of Examination and Certification.

a. An examination must have been passed not more than two years prior to application for consideration of waiver of experience.

b. A certification must be valid at the time of application to be considered for waiver of experience.

Ariz. Admin. Code § R4-9-106

New Section R4-9-106 renumbered from R4-9-105 and amended effective January 20, 1998 (Supp. 98-1). Amended by final rulemaking at 20 A.A.R. 568, effective 7/1/2014. Amended by final rulemaking at 23 A.A.R. 2525, effective 11/5/2017. Amended by final rulemaking at 24 A.A.R. 2419, effective 1/1/2019.