§ 22-522. Application requirements; fee.

(a)

Any person or firm desiring to engage in business as a contractor in the unincorporated areas of the county who does not hold or is not qualified by a holder of a current and valid certification issued by the board or by the state construction industry licensing board, including initial applicants, those requesting a change of status, and those seeking reinstatement, or who desires to perform in the capacity as a master or journeyman in the unincorporated areas of the county shall make application in writing to the board on a form prescribed by the board which document shall be available at the county contractor licensing office. All applications must be accompanied by an application fee established by resolution of the commission in order to be considered by the board.

(b)

No application for a certificate of competency as a contractor shall be considered unless the applicant supplies the following:

(1)

Type of certificate of competency being applied for.

(2)

The name, residence and business address of the applicant.

(3)

A sworn financial statement of the applicant, a credit report from a nationally recognized credit agency that reflects the financial responsibility of the applicant and evidence of financial responsibility, credit and business reputation of either himself or herself or the business organization he or she desires to qualify, and an agreement authorizing the secretary of the board to obtain from any source, even though confidential, such additional information concerning the applicant's financial condition as the board deems necessary. The board may adopt rules defining financial responsibility based upon the applicant's credit history, ability to be bonded, and any history of bankruptcy or assignment of receivers. Such rules may specify the financial responsibility grounds on which the board may refuse to qualify an applicant for certification.

(4)

If the applicant is firm, the name and business address of the firm, the name and address of all directors and officers of the firm together with their interest therein, and the name and address of the resident agent for the firm. If the applicant is a corporation, a certificate of incorporation and a letter from the secretary of the state confirming that such corporation is in a current status with the secretary of state, and further confirming the name and address of the resident agent authorized to receive service of process on behalf of the firm.

(5)

A sworn list of all businesses owned, operated or managed by the applicant or in which the applicant has had an interest of any kind during the past five years and the addresses of such businesses.

(6)

A sworn statement that the applicant and each member of the firm have not been convicted of a misdemeanor or felony during the past five years involving dishonesty, fraud or moral turpitude. If this is not the case, the applicant shall provide to the board a list of the charges, sentence and name and address of the court trying the case.

(7)

List of actual work experience and education in the category for which application is being made.

(8)

The applicant possesses a reputation for honesty and is of good character, and has not been convicted of any misdemeanor or felony in the past five years involving dishonesty, fraud or moral turpitude. Lack of honesty, integrity or good character may be established by competent evidence that:

a.

Applicant has committed an act within the past five years which, if committed or done by a licensed contractor, would be grounds for suspension or revocation of a certificate of competency.

b.

Applicant has committed an act within the past five years involving dishonesty, fraud, deceit or lack of integrity whereby the applicant has been benefited or whereby some injury has been sustained by another.

c.

Applicant has in the past five years refused to pay valid bills of at least five different persons or firms supplying materials to such applicant as evidenced by unsatisfied judgments entered in a court of competent jurisdiction.

d.

An applicant for initial issuance of a certificate of competency and those applicants seeking reinstatement shall submit to a statewide criminal history records check through the department of law enforcement and shall bear the associated costs. The contractor licensing board, through the secretary, shall submit the requests for criminal history records checks to the department of law enforcement for state processing, and the department of law enforcement shall return the results to the secretary so the contractor licensing board may determine if the applicant meets certification requirements. If the applicant has been convicted of a felony, the board may deny licensure to the applicant based on the severity of the crime, the relationship of the crime to contracting, or the potential for public harm. The board shall also, in denying or approving licensure, consider the length of time since the commission of the crime and the rehabilitation of the applicant. The board may not deny licensure to an applicant based solely upon a felony conviction or the applicant's failure to provide proof of restoration of civil rights.

(c)

All applications for a certificate of competency as a contractor shall include the following documents in addition to any documents required by subsection (b) above:

(1)

A check or money order for the applicable fee.

(2)

Letters of recommendation from three contractors or subcontractors, indicating their knowledge of the applicant's experience in the industry. The letters must be notarized or on company letterhead.

(3)

Any other documents or information requested by the board.

(Code 1979, § 6-56(2)—(4), (6), (7); Ord. No. 96-10, 3-26-96; Ord. No. 01-14, § 5, 4-3-01; Ord. No. 05-15, § 5, 4-26-05; Ord. No. 08-48, § 2, 11-17-08)