Sec. 342.105. - Contractor certificate.

A contractor certificate may be obtained in the following manner: (a) The applicant shall apply on a form prescribed by the Board. The Board shall retain the application and supporting papers as a permanent record as long as the certificate issued thereon is valid and then in accordance with the records retention requirements of Part 2, Chapter 124 . (b) The application shall include: (1) The name, address and master craftsman certificate number of the qualifying agent together with a notarized statement that the qualifying agent is legally qualified to act for the business organization in all matters connected with its contracting business and that he has authority to supervise work undertaken by the business organization. (2) If the applicant is: (i) A corporation, the name and address of the officers of the corporation and a certified copy of the certificate of incorporation. (ii) A sole proprietorship or partnership, the name and address of the proprietor or partners. (3) Information showing the financial responsibility, credit and business reputation of the applicant as required by the State Department of Business and Professional Regulation including disclosure of the participation of a qualifying agent, principals, partners, officers or directors in a bankruptcy proceeding; a comprehensive financial statement; and a credit report on the applicant and the qualifying agent. (4) A receipt from the Tax Collector evidencing payment of an application fee (which is not refundable) as found in www.coj.net/fees . (5) If true, a sworn statement that neither the applicant nor any of its members, if a partnership, or any of its officers and directors, if a corporation, nor a qualifying agent: (i) Has been convicted of a felony during the past five years. (ii) Is, at the time of the application, charged with committing a felony. (6) If the statement required in subsection (b)(5) of this Section cannot be made, a full statement of the facts and circumstances of the conviction or charges which prevent the applicant from making the statement. (7) Evidence of compliance with insurance requirements established by the State Department of Business and Professional Regulation for the trade or craft in which the certificate holder will engage. (8) A summary of the education, training and experience in the construction trades of each principal and qualifying agent, including the identification and status of other construction licenses or certificates held by the applicant. (9) Evidence that the qualifying agent has demonstrated a working knowledge of laws and regulations applicable to the operation of a construction business by passing an examination given by the Board or some other governmental agency in the State, except a master craftsmen previously serving as a qualifying agent may within 12 months after ceasing to be a qualifying agent, qualify a new company without taking an examination. (10) The name and address of a person authorized to accept service of process for the applicant in the State. (11) Such additional information as the Board may reasonably require. (c) The Board may deny the issuance of a contractor certificate if the applicant fails to provide the financial information required by this Chapter or if the Board is reasonably satisfied that the applicant does not have the ability to insure that the public will not sustain financial loss resulting from the contractor's inability to pay his lawful obligations. The financial responsibility grounds on which the Board may refuse to issue a contractor certificate shall include: (1) The inadequacy of the capitalization of the applicant. (2) The existence of an undischarged, unsatisfied court judgment rendered against the applicant based upon the failure of the applicant to pay just obligations to parties with whom the applicant conducted business. (3) The existence of a lien of record by the United States Internal Revenue Service or the State Corporate Tax Division against the applicant or any of its corporate officers. (4) An unfavorable credit report or history of the applicant based upon established, objective criteria. (d) A contractor certificate, when issued, will be in the name of the business organization and will have the name of the qualifying agent and the certificate number noted thereon. The assigned certificate number will thereafter be used in conjunction with the company name on advertising, bids, contracts and applications for permits. (Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-751-351, § 1; Ord. 77-287-115, § 4; Ord. 81-98-403, § 2; Ord. 83-591-400, § 1; Ord. 84-1240-655, § 2; Ord. 85-1201-663, § 13; Ord. 90-593-268, § 1; Ord. 90-1043-562, § 1; Ord. 93-1311-756, § 2; Ord. 2017-665-E , § 20) Note— Former § 950.105.