43-41-8. Eligibility for licensure without examination; reciprocity; burden upon applicant.

Notwithstanding any other provision of this chapter to the contrary, the following persons desiring to qualify for a residential contractor license or a commercial general contractor license under the provisions of this chapter, either individually or as a qualifying agent, shall be eligible for issuance of such a license by the appropriate division without examination, provided that such person submits a proper application and proofs, pays or has paid the required fees, otherwise meets the requirements of Code Section 43-41-6 for licensure, and is not otherwise in violation of this chapter:#

1. (1)

   Any person who holds a current and valid license to practice a comparable category of residential or commercial general contracting issued by another state or territory of the United States, where either such state or territory has entered into a reciprocal agreement with the board and divisions for the recognition of contractor licenses issued in that state or territory, or such application is pursuant to and in accordance with the regulations and requirements for reciprocity promulgated by the divisions in accordance with subsection (b) of Code Section 43-41-5. Additionally, such application shall meet the following requirements:#

   1. (A)

      The criteria for issuance of such license or certification by such other state or territory, including the requirement to successfully complete an examination, were substantially equivalent to Georgia’s current license criteria;#

   2. (B)

      The application requirements and application form submitted to the other state or territory upon which such license was issued are available for review by the appropriate division and the examination results are made available to the appropriate division;#

   3. (C)

      The applicant shall demonstrate that he or she meets the qualifications, requirements, and criteria set forth in subsections (a)through (e) of Code Section 43-41-6; and#

   4. (D)

      The applicant is otherwise in compliance with all requirements of this state for transaction of such business within this state; and#

2. (2)

   Any person who holds a current and valid license issued under this chapter to engage in the comparable category of residential or commercial general contracting which license was issued to him or her in his or her capacity either as an individual licensee or as a qualifying agent for a business organization.#

Any applicant for issuance of a residential contractor or commercial general contractor license under this title who shall seek exemption from the examination requirement under this Code section, on any basis set forth above, shall have the burden of establishing to the satisfaction and within the discretion of the appropriate division that the requirements for such exemption have been satisfied. The decision of such division as to the satisfaction of the requirements for such exemption from taking the examination shall, in the absence of fraud, be conclusive.#

Any business organization that had an applicant submit a complete and satisfactory application pursuant to this Code section, but was not issued a license due to the death of the qualifying agent applicant prior to the issuance of the license, shall remain eligible for consideration under this Code section with the submission of a new qualifying agent applicant for such business entity.#