Ga. Comp. R. & Regs. 553-10-.01

Current through Rules and Regulations filed through November 21, 2024
Rule 553-10-.01 - Inactive Status
(1) Inactive Status for licensees choosing to refrain or retire from active practice as a residential or general contractor: A residential or general contractor may request the license be placed on inactive status under the following provisions:
(a) Holds a valid residential or general contractor's license in the state of Georgia with a current expiration date.
(b) Notifies the Board that the licensee chooses to refrain or retire from active practice as a residential or general contractor by submitting an Inactive Status application, as established by the Board, along with the required fee.
(c) If the licensee is the sole qualifying agent for a business organization, the business organization shall have 120 days from the date of inactive status to submit an application to the Board for another Qualifying Agent, unless the respective Division receives other substantiated information that the company is no longer in business.
(d) Shall not engage in contracting and shall not hold themselves out to the public as being available to provide residential or general contractor services.
(e) Shall not be required to maintain continuing education credits.
(f) Shall not be assessed a renewal fee for the period that the license is inactive.
(2) Inactive Status for Qualifying Agent after disaffiliation from company: A license pertaining to a residential or general contractor who acts as a qualifying agent for a residential or general contractor company shall be placed on inactive status under the following provisions:
(a) Holds a valid residential or general contractor's license in the state of Georgia with a current expiration date.
(b) The licensee properly notifies the Board by submitting a Disaffiliation form, as established by the Board, that the licensee has disaffiliated from the company as required under O.C.G.A. § 43-41-9(e);
(c) The company properly notifies the Board by submitting a Disaffiliation form, that the licensee has disaffiliated from the company as required under O.C.G.A. § 43-41-9(e);
(d) The respective Division receives other substantiated information that the qualifying agent is no longer affiliated with the company; or
(e) The respective Division receives other substantiated information that the company is no longer in business.
(f) If the licensee is the sole qualifying agent for a business organization, the business organization shall have 120 days from the date of inactive status to submit an application to the Board for another Qualifying Agent, unless the respective Division receives other substantiated information that the company is no longer in business.
(3) Contracting with an inactive license shall be considered unlicensed practice and is subject to disciplinary action.
(4) If a residential or general contractor whose license has been placed on inactive status seeks to reactivate the inactive license, the licensee may be returned to active status if the following requirements are met:
(a) A reactivation application, as established by the Board, along with the required fee, must be submitted to the Board.
(b) Submit evidence of attendance of the required Board approved continuing education for each biennium that the license was inactive.
(c) Provide evidence that licensee is in good standing in all states in which he or she has ever been licensed.
(d) Submit proof of current general liability insurance and worker's compensation as required by law for the license type that is to be reactivated.
(e) Submit proof of financial responsibility as is required for the license type that is to be reactivated.
(f) Submit proof of active and compliant registration with the Georgia Corporations Division for the business organization as is required for the license type that is to be reactivated.

Ga. Comp. R. & Regs. R. 553-10-.01

O.C.G.A. §§ 43-41-5(a)(7), 43-41-5(a)(9), 43-41-9(e).

Original Rule entitled "Inactive License" adopted. F. Sept. 5, 2008; eff. Sept. 25, 2008.
Amended: New title "Inactive Status." F. July 12, 2019; eff. August 1, 2019.