Rule 553-2-.11 - Exemption from General Contracting Examination - Qualifying Agent Having the Necessary Experience in GeorgiaTo qualify for the exemption from examination by this means, the applicant must show that the business organization for which he or she is applying to be the qualifying agent is either incorporated in Georgia or a business organization otherwise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office and place of business continuously for the five years immediately preceding such application. To prove incorporation in Georgia or a business organization otherwise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office and place of business continuously for the five years immediately preceding such application, the applicant must swear to the veracity of such on the application for examination exemption, and also must submit an appropriate reference letter from a certified public accountant regarding the location and duration of the corporation's or business organization's regular office and place of business in Georgia. To prove the additional requirement that the applicant has successfully engaged in general contracting in Georgia, the applicant must provide, with his or her application, evidence satisfactory to the division of one of the following:
(1) five successful projects located in Georgia which were successfully completed over the period of five years immediately prior to the time of application; or (2) ten successfully completed general contracting projects located in Georgia over the period of ten years immediately prior to the time of application. To prove "successful projects", the applicant must include, as directed by the application for examination exemption, an appropriate reference letter from a Georgia registered architect verifying the abilities, skills, and knowledge of the applicant regarding each project and an appropriate reference letter from the owner of the subject project, or owner's representative, verifying the owner's satisfaction with the project. The applicant shall enclose with the application for examination exemption both of the above-identified reference letters for each project for which the applicant is attempting to prove successful completion. The reference letters will be on forms included with the application for examination exemption and must be notarized before being submitted with the completed applications. The forms must include, at a minimum, a description of the particular project, where the project occurred, and on what dates. If the applicant cannot provide satisfactory verification via reference letter by a Georgia registered architect and an owner, then the applicant must submit with his or her application for examination exemption a notarized explanation of why he or she cannot provide the particular reference letter. Moreover, as dictated by O.C.G.A. § 43-41-9(b), the applicant must submit, together with the application for examination exemption, a satisfactory affidavit signed by an authorized agent of the business organization who possesses binding authority for the business organization, 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.Ga. Comp. R. & Regs. R. 553-2-.11
O.C.G.A. Secs. 43-41-5, 43-41-8.
Original Rule entitled "Exemption from General Contracting Examination - Qualifying Agent Having the Necessary Experience in Georgia" adopted. F. Oct. 14, 2005; eff. Nov. 3, 2005.