(a) Anyone seeking to be licensed as a residential contractor or as a commercial general contractor in this state shall file an application on a form provided by the residential contractor or commercial general contractor division, respectively, accompanied by an application fee as provided by the board. Such an application may be submitted either by:

(1) An individual person seeking issuance of a license in his or her own name for purposes of engaging in the profession of residential or commercial general contracting in his or her own name or doing business as an individual in a trade name as a sole proprietorship; or

(2) An individual person affiliated by ownership or employment with and acting as a qualifying agent for a business organization seeking to engage in the profession of residential or commercial general contracting in the name of the business organization in accordance with and pursuant to Code Section 43-41-9.

Additionally, all applicants shall successfully pass an examination approved by the appropriate division, except where an applicant is otherwise qualified for licensure and has satisfied the appropriate division requirements and regulations for licensure pursuant to Code Section 43-41-8 exempting such applicant from the examination requirement or where the applicant is an individual acting as a qualifying agent for a business organization and has previously obtained and maintained continuously a license issued by the appropriate division, either as an individual doing business in his or her own name or doing business as an individual in a trade name as a sole proprietor or as a qualifying agent for another business organization.

(b) A person shall be eligible for licensure as a residential-basic contractor by the residential contractor division if the person:

(1) Is at least 21 years of age;

(2) Is of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility; and

(3) Has at least two years of verifiable experience under the direct employment of a licensed residential contractor, with a primary focus on the residential-basic category, or other verifiable experience that the division deems to be substantially similar in scope and nature, including, but not limited to, experience performing activities, work, or services requiring licensure under Chapter 14 of this title. Such experience shall be verified through an affidavit, executed by the applicant’s employer or such other person with knowledge of such experience, attesting under oath that the applicant has such experience.

(c) A person shall be eligible for licensure as a residential-light commercial contractor by the residential-light commercial subdivision if the person:

(1) Is at least 21 years of age;

(2) Is of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility; and

(3) Meets eligibility requirements according to one of the following criteria:

(A) Has received a baccalaureate degree from an accredited four-year college or university in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division;

(B) Has a combination, equaling at least four years in the aggregate, of academic credits from any accredited college-level courses in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division and verifiable practical experience working as or in the employment of a residential contractor, commercial general contractor, or other verifiable experience that the division deems to be substantially similar in nature and in scope, including, but not limited to, performing activities, work, or services requiring licensure under Chapter 14 of this title. For purposes of this subparagraph, all university, college, junior college, or community college-level courses shall be considered accredited college-level courses and any experience shall be verified through an affidavit, executed by the applicant’s employer or such other person with knowledge of such experience, attesting under oath that the applicant has such experience; or

(C) Has a total of at least four years of verifiable active experience working in a construction industry related field, at least two of which shall have been as or in the employment of a residential contractor, or other verifiable experience deemed acceptable by the division. Such experience shall be verified through an affidavit, executed by the applicant’s employer or such other person with knowledge of such experience, attesting under oath that the applicant has such experience.

(d) A person shall be eligible for licensure as a commercial general contractor by the commercial general contractor division if the person:

(1) Is at least 21 years of age;

(2) Is of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility; and

(3) Meets eligibility requirements according to one of the following criteria:

(A) Has received a baccalaureate degree from an accredited four-year college or university in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division;

(B) Has a combination, equaling at least four years in the aggregate, of academic credits from any accredited college-level courses in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division and verifiable practical experience working as or in the employment of a commercial general contractor or other verifiable experience that the division deems to be substantially similar in nature and in scope, including, but not limited to, performing activities, work, or services requiring licensure under Chapter 14 of this title. For purposes of this subparagraph, all university, college, junior college, or community college-level courses shall be considered accredited college-level courses and any experience shall be verified through an affidavit, executed by the applicant’s employer or such other person with knowledge of such experience, attesting under oath that the applicant has such experience; or

(C) Has a total of at least four years of proven active experience working in a construction industry related field, at least two of which shall have been as or in the employment of a commercial general contractor, or other proven experience deemed acceptable by the division and at least one of which shall have been in or relating to administration, marketing, accounting, estimating, drafting, engineering, supervision, or project management, or functions deemed substantially similar by the division. Such experience shall be verified through an affidavit, executed by the applicant’s employer or such other person with knowledge of such experience, attesting under oath that the applicant has such experience.

(e)(1) Before qualifying for issuance of a license, an applicant shall show to the satisfaction of the residential contractor division or commercial general contractor division from the application and proofs furnished that the applicant is possessed of a good character and is otherwise qualified as to competency, ability, and integrity. The application shall include a list of all persons, entities, and business organizations that the applicant will be affiliated with as a licensed residential contractor or commercial general contractor, whether by way of employment, ownership, serving as an owner or director, partnership, or membership or by serving as a qualifying agent under this chapter. All applicants shall also provide their social security numbers, if applying as an individual, or the federal taxpayer identification numbers of any business organization for which the applicant is seeking licensure as a qualifying agent. Applicants for a commercial general contractor’s license shall also provide suitable verification of tax payments in a form and manner and for the duration prescribed by the commercial general contractor division; provided, however, that, where the application is seeking license as a qualifying agent of a business organization, such tax verification and information shall relate and pertain to that business organization.

(2) Before qualifying for issuance of a license an applicant shall show to the satisfaction of the appropriate division that the applicant is qualified as to financial responsibility. Applicants for a commercial general contractor license shall provide proof of a minimum net worth in an amount specified by the commercial general contractor division. All applicants shall provide proof of general liability insurance in an amount specified by the appropriate division and proof of workers’ compensation insurance as required by the laws of this state. If the applicant is submitted as a person seeking to act as a qualifying agent of a business organization, then such proof shall pertain to that business organization rather than the individual applicant, subject to the limitations set forth in Code Section 43-41-9. A certificate by the insurer or other appropriate evidence of insurance coverages shall be maintained with the appropriate division and shall be a condition of renewal.

(3) The decision of the appropriate division as to the qualifications of applicants shall, in the absence of fraud or willful or wanton misconduct, be conclusive.

(4) A licensee, on his or her own behalf or where acting as a qualifying agent on behalf of the business organization so qualified, shall notify the appropriate division in writing within 30 days of any changes in the information required to be on file with such division, including, but not limited to, the licensee’s and, if the licensee is acting as a qualifying agent for any business organization, such business organization’s current mailing address, insurance coverages, and affiliated entities.

(f)(1) The residential contractor division and the commercial general contractor division shall each approve an appropriate examination of which all applicants, except those exempted from the examination requirement pursuant to Code Section 43-41-8, shall pass in order to be eligible for licensure under this chapter.

(2) The residential contractor division shall approve separate examinations for applicants for residential-basic and residential-light commercial licenses for the purpose of determining a particular applicant’s ability to make a practical application of his or her knowledge of the profession of residential contracting in the particular subcategory for which a license is sought; the applicant’s qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to such residential contracting business; his or her knowledge as to the responsibilities of a residential contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to residential-basic and residential-light commercial contractors, construction, workers’ compensation, insurance, and liens.

(3) The commercial general contractor division shall approve an examination to ascertain the particular applicant’s ability to make a practical application of his or her knowledge of the profession of commercial general contracting; the applicant’s qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to the commercial general contracting business; his or her knowledge as to the responsibilities of a commercial general contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to commercial general contractors, construction, workers’ compensation, insurance, surety bonding, and liens.

(4) If the results of the applicant’s examination are satisfactory to the appropriate division, or he or she is exempted from the examination requirement pursuant to Code Section 43-41-8, and if he or she and any affiliated business organization has met the other qualifications and requirements set forth in this Code section, then the appropriate division shall issue to the applicant a license to engage in business as a residential or commercial general contractor in this state, as provided in such license, in his or her own name as a sole proprietor or as a qualifying agent for the affiliated business organization and in the name of such business organization, pursuant to and in accordance with the requirements set forth in Code Section 43-41-9. A residential contracting license shall indicate for which of the two subcategories, residential-basic or residential-light commercial, the licensee is qualified.

(g) Any otherwise qualified applicant failing any examination required under this Code section may be reexamined at any regularly scheduled examination without need to resubmit an application, unless any information set forth in the previously submitted application is no longer accurate or complete.

(h) A residential contractor license, indicating whether relating to the residential-basic or residential-light commercial category, or commercial general contractor license shall be issued to an applicant who successfully completes the respective requirements therefor upon the payment of fees prescribed by the board.

(i) Such licenses shall be renewable biennially. Licenses may be renewed subsequent to their expiration within six months of the date of expiration by submitting a renewal as prescribed by the board and paying a late renewal fee as determined by the board. After six months have elapsed from the date of expiration, such license may be reinstated in accordance with the rules and regulations of the board.

(j) The division director shall give advance notice to each person holding a license under this chapter of the date of the expiration of the certificate of registration and the amount of the fee required for renewal at least one month prior to the expiration date, but the failure to receive such notice shall not avoid the expiration of any license not renewed in accordance with this Code section.

(k) As a condition of renewal, the appropriate division may require licensees to complete division approved continuing education of not more than three hours annually for a residential-basic contractor license, six hours annually for a residential-light commercial contractor license, and eight hours annually for a commercial general contractor license.