32-1122

32-1122. Qualifications for license

A. A contractor's license shall be issued only by act of the registrar of
contractors. The registrar shall:

1. Classify and qualify applicants for a license.

2. If necessary, change the license classification of a licensee in the case of a
title reclassification, with or without a bond rider for the purpose of continuing
liability on the bond.

3. Conduct investigations the registrar deems necessary.

4. Establish written examinations if deemed necessary to protect the health and
safety of the public.

B. To obtain or renew a license under this chapter, the applicant shall:

1. Submit to the registrar of contractors a verified application on forms that are
prescribed by the registrar of contractors and that contain the following information and
shall advise the registrar of any change in the information within thirty days:

(a) A designation of the classification of license that is sought by the applicant.

(b) If the applicant is an individual, the applicant's name and address.

(c) If the applicant is a partnership, the names and addresses of all partners with
a designation of any limited partners.

(d) If the applicant is a corporation, an association or any other organization,
the names and addresses of the president, vice-president, if any, secretary and treasurer
or the names and addresses of the functional equivalent of these officers, the directors
and the owners of twenty-five per cent or more of the stock or beneficial interest.

(e) The name and address of the qualifying party.

(f) If the applicant is a corporation, evidence that the corporation is in good
standing with the corporation commission.

(g) The address or location of the applicant's place of business and the mailing
address if it is different from the applicant's place of business.

(h) The applicant's current privilege license number issued pursuant to section
42-5005.

(i) Proof that the applicant has complied with the statutes or rules governing
workers' compensation insurance.

2. Submit the appropriate bond and fee required under this chapter.

C. To obtain a contractor's license under this chapter other than a residential
contractor's license, the applicant shall submit a detailed statement of current
financial condition containing information required by the registrar of contractors on a
form furnished by or acceptable to the registrar of contractors. Notwithstanding any
other law, a swimming pool contractor shall also submit a detailed statement of current
financial condition as required by this subsection.

D. To obtain or renew a license under this chapter, each person shall be of good
character and reputation. Lack of good character and reputation may be established by
showing that a person has engaged in contracting without a license or committed any act
that, if committed or done by any licensed contractor, would be grounds for suspension or
revocation of a contractor's license or by showing that the person was named on a
contractor's license that was suspended or revoked in another state.

E. To obtain a license under this chapter, a person shall not have had a license
refused or revoked, within one year before the person's application, or shall not have
engaged in the contracting business, nor shall the person have submitted a bid without
first having been licensed within one year before the person's application, nor shall a
person act as a contractor between the filing of the application and actual issuance of
the license. The registrar may find any of those actions or circumstances to be excusable
if there was reasonable doubt as to the need for licensure or the actions of the
applicant did not result in an unremedied hardship or danger or loss to the public. A
person who has been convicted of contracting without a license is not eligible to obtain
a license under this chapter for one year after the date of the last conviction.

F. Before a license is issued, the qualifying party shall:

1. Have had a minimum of four years' practical or management trade experience, at
least two of which must have been within the last ten years, dealing specifically with
the type of construction, or its equivalent, for which the applicant is applying for a
license. Technical training in an accredited college or university or in a
manufacturer's accredited training program may be substituted for a portion of such
experience, but in no case may credited technical training exceed two years of the
required four years' experience. The registrar of contractors may reduce the four years'
practical or management experience requirement if in the registrar's opinion it has been
conclusively shown by custom and usage in the particular industry or craft involved that
the four year requirement is excessive. The registrar may waive the work experience
documentation and verification or the examination requirement if the records reflect that
the qualifying party is currently or has previously been a qualifying party for a
licensee in this state in the same classification within the preceding five years.

2. Successfully show, by written examination taken not more than two years before
application, if required, qualification in the kind of work for which the applicant
proposes to contract, the applicant's general knowledge of the building, safety, health
and lien laws of the state, administrative principles of the contracting business and the
rules adopted by the registrar of contractors pursuant to this chapter, demonstrate
knowledge and understanding of construction plans and specifications applicable to the
particular industry or craft and of the standards of construction work and techniques and
practices in the particular industry or craft and demonstrate a general understanding of
other related construction trades, in addition to any other matters as may be deemed
appropriate by the registrar to determine that the qualifying party meets the
requirements of this chapter. The registrar shall maintain multiple versions of
examinations for each type of license that requires an examination.

G. No license shall be issued to a minor, to any partnership in which one of the
partners is a minor or to any corporation in which a corporate officer is a minor.

H. Before receiving, renewing and holding a license pursuant to this chapter, the
registrar may require a license applicant or licensee to submit to the registrar a full
set of fingerprints and the fees required in section 41-1750. The registrar shall submit
the fingerprints and fees to the department of public safety for the purpose of obtaining
a state and federal criminal records check pursuant to section 41-1750 and Public Law
92-544. The department of public safety may exchange this fingerprint data with the
federal bureau of investigation.