Ala. Admin. Code r. 465-X-3-.04 - Licensing
(1)
Form of
License. Licenses shall be issued only to individuals,
partnerships, corporations, limited liability companies, and not-for-profit
organizations:
(a) An individual applying for
a license personally must satisfy all the licensure requirements.
(b) A partnership, corporation, limited
liability company, and not-for-profit organization applying for a license must
satisfy all licensure requirements.
1. A
general partnership, limited partnership, corporation, limited liability
company, or not-for-profit organization applying for a license must designate
as its qualifying representative an individual who is either a general partner
(in the case of any partnership) or an officer (in the case of a corporation)
or a member (in the case of a member-managed limited liability company) or a
manager (in the case of a manager-managed limited liability company) and who
either holds a license individually or meets the experience and ability
requirements for licensure. The entity seeking the license may rely upon the
designated qualifying representative's experience, ability, and successful
completion of any examination (testing experience and ability, conducted either
by the Board or a third party under contract with the Board), but must present
evidence to the Board that it satisfies all other licensing requirements. The
name of the partnership, corporation, or limited liability company, along with
that of its designated qualifying representative, shall appear on the face of
that entity's license.
2. If the
designated qualifying representative of a partnership, corporation, or limited
liability company ceases for reasons other than provided for in section 1(b)3,
to be a partner or officer or member (in the case of a member-managed limited
liability company) or manager (in the case of a manager-managed limited
liability company) of that entity, the designated qualifying representative and
the partnership, corporation, or limited liability company immediately shall so
notify the Board. Unless another partner, officer, or member (in the case of a
member-managed limited liability company) or manager (in the case of a
manager-managed limited liability company) as the case may be, who either
individually maintains a current and valid license or meets the experience and
ability requirements for licensure is designated as that entity's new
qualifying representative within 45 days after the previous designated
qualifying representative ceases to hold that position, the license for that
partnership, corporation, or limited liability company automatically shall be
revoked subject to a show cause hearing before the Board.
3. ln compliance with the Code of Ala. 1975,
Section 41-9A-3, if the designated qualifying representative of a partnership,
corporation, or limited liability company ceases by death, mental or physical
incapacitation to be a partner or officer or member (in the case of a
member-managed limited liability company) or manager {in the case of a
manager-managed limited liability company) of that entity, the partnership,
corporation) or limited liability company may claim a waiver of hardship for
reasonable time to allow a person meeting the experience and ability
requirements to become the new designated qualifying representative of the
entity.
(i) The partnership, corporation, or
limited liability company shall so notify the Board and shall submit the
prescribed hardship waiver within 45 days of the designated qualifying
representative's death, mental incapacitation, or physical
incapacitation.
(ii) The submitted
waiver shall include an attached copy of an obituary or death certificate in
the instance of the death of the designated qualifying representative. The
submitted waiver request shall include hut not limited to attached
documentation from a diagnosing physician in the instance of mental or physical
incapacitation to include but not limited to diagnosis date.
(iii) Any hardship waiver submitted to the
Board after 45 days from the death or incapacitation of the designated
qualifying representative may be denied subject to a show cause hearing before
the Board.
(iv) A granted hardship
waiver shall be valid for no more than a maximum of 135 days after the date of
death or incapacitation of the designated qualifying representative.
(v) The waiver shall not be extended, and the
license shall be revoked subject to a show cause hearing before the
Board.
(vi) A fee equal to one-half
of the renewal fee for the license held by the entity may be assessed before
issuance of hardship waiver.
(vii)
If another partner, officer, or member (in the case of a member-managed
limited-liability company) or manager (in the case of a manager-managed limited
liability company) as the case may be, who either individually maintains a
current and valid license or meets the experience and ability requirements for
licensure is designated as that entity's new qualifying representative within
45 days after the previous designated qualifying representative ceases to hold
that position because of death, mental incapacity, or physical incapacity, then
entity may submit the proper change of qualifier form instead of the hardship
waiver.
(c) The
extent to which a residential home builder, including residential roofers, may
engage in the residential home building business depends upon the form of
license held:
1. A residential home builder,
including residential roofers, who is not licensed individually may engage in
the residential home building business only through a licensed partnership,
corporation, or limited liability company, of which the builder is an employee,
partner, officer, or member.
2. A
residential home builder, including residential roofers, who is the designated
qualifying representative of an entity may engage in the residential home
building business only through that entity; if such builder wishes to engage in
the residential home building business either individually or through another
entity that is not otherwise licensed, that builder must obtain a license,
either individually or on behalf of the other entity, of which the builder may
be the designated qualifying representative. A residential home builder who is
the qualifying representative of an entity shall be deemed to have satisfied
the experience and ability requirements for licensure, but must satisfy all
other licensing requirements, including without limitation, the financial
responsibility requirements, before qualifying for a license either
individually or on behalf of another entity.
3. A residential home builder, including
residential roofers, licensed individually may engage in the residential home
building business either individually or through a licensed entity of which the
individual licensee is an employee, partner, officer, or member.
EXAMPLES:
(i) ABC
Builders, Inc. has three officers, each of whom meets the experience and
ability requirements for licensure. Adams is the qualifying representative of
the corporation. Brown individually meets all the licensing requirements,
including without limitation the financial responsibility requirement, and
obtains an individual license. Carter is not licensed, either individually or
as the qualifying representative of the corporation. Adams and Carter may
engage in the residential home building only through ABC Builders, Inc., but
Brown may do so either individually or through ABC Builders, Inc.
(ii) Five years after ABC Builders, Inc. was
issued a license, Adams decides to engage in the residential home building
business through a newly formed partnership, Adams Builders, of which he is a
partner. Adams Builders applies for a license, naming Adams as its qualifying
representative. Because he is the qualifying representative of ABC Builders,
Inc., Adams is deemed to have satisfied the experience and ability requirements
for licensure, but Adams Builders will have to satisfy all other requirements
for licensure, including without limitation the financial responsibility
requirement.
(iii) Five years after
ABC Builders, Inc., was issued a license, Carter decides to engage individually
in the residential home building business. Because Carter is neither the
qualifying representative of ABC Builders, Inc. nor licensed individually,
Carter will have to satisfy all of the requirements for licensure, including
the experience and ability requirements, which means successful completion of
any examination testing experience and ability, conducted either by the Board
or a third party under contract with the Board.
(2)
Type of
License.
(a) Licenses may be issued
without limitation, with limitation, or with limitation specifying a single
trade.
(b) The extent to which a
residential home builder, including a residential roofer, may engage in the
residential homebuilding business depends upon the type of license held:
1. A residential home builder who holds a
current and valid residential home builders license without
limitation may engage in the business of residential home building, as
referred to in Code of Ala. 1975, §
34-14A-2(12),
regardless of the scope of the construction.
2. A residential home builder who holds a
current and valid residential home builders license with
limitation may only engage in the business of residential home building,
as referred to in Code of Ala. 1975,
§
34-14A-2(12), when the scope of the construction is limited to the
repair, improvement, or reimprovement, as such term is defined herein, of a
residence or structure, and the residential homebuilder does not meet the
definition of residential roofer as defined Code of
Ala.1975, §
34-14A-2(13), and the scope of the work does not
meet the definition of residential roofing as defined in Ala. Admin. Code r.
465-X-1-.01(10).
3. A residential
roofer, as defined in Code of Ala. 1975,
§
34-14A-2(13), who holds a current and valid residential roofers license
may only engage in residential roofing when the scope of the roofing is limited
to the installation or repair of the external covering of a residence or
structure.
EXAMPLES:
(i) Builder holds a current and valid
residential home builder's license without limitation. Builder may
contract directly with Homeowner to perform any residential construction
activity including new residential construction, and repair, improvement or
reimprovement to an existing residence.
(ii) Builder holds a current and valid
residential home builder's license without limitation. Builder
contracts directly with Homeowner to construct a new residence. The cost of the
undertaking is $250,000. Builder hires Framer to frame the new construction and
pays him $30,000. Framer is not required to hold a license issued
by the Board because he did not contract directly with the homeowner to perform
the construction activity, but instead is working directly for a residential
home builder who holds a license without limitation and who contracted directly
with the homeowner.
(iii) Framer
enters into a contract directly with Homeowner to frame an addition to an
existing residence. The cost of the undertaking is $30,000. Though only one
trade is being performed (framing), Framer must hold a current and valid
residential home builder's license without limitation because the
cost of the undertaking exceeds $10,000 and the construction activity affects
the structural integrity of the residence.
(iv) Foundation contractor enters into a
contract directly with Homeowner to construct a foundation for a residence. The
cost of the undertaking is $15,000. Though only one trade is being performed
(foundation construction), Foundation contractor must hold a current and valid
residential home builder's license without limitation because the
cost of the undertaking exceeds $10,000 and the construction activity affects
the structural integrity of the residence.
(v) Best Siding, LLC, enters into a contract
directly with Homeowner to install vinyl siding on Homeowner's residence. The
cost of the undertaking is $20,000. Best Siding, LLC, must hold a residential
home builder's license because the cost of the undertaking exceeds $10,000;
however, because the construction activity involves only one trade (siding
installation) and it does not affect the structural integrity of the existing
residence, Best Siding, LLC, may hold a residential home builders license
with limitation.
(vi)
Roofer enters into a contract directly with a Homeowner to repair storm damage
to at least one roof truss, which will require a framer, and to re-roof a
residence. The cost of the undertaking is $11,000. Roofer is required to hold
a residential home builder's license without limitation because
more than one trade is involved, and the work affects the structural integrity
of the residence.
(vii) Roofer
enters into a contract directly with Homeowner to install a new roof, including
replacing only existing damaged decking and damaged fascia. The cost of the
undertaking is $8,000. Roofer must hold a residential home builders license
limited to roofing (roofers license) because the cost of the undertaking
exceeds $2,500; Because the construction activity involves only one trade (roof
installation, including replacing damaged decking and fascia) and it does not
affect the structural integrity of the residence, Roofer may hold a residential
home builders license with limitation, limited to
roofing.
(viii) Builder enters into
a contract directly with Homeowner to make repairs to a residence, including
painting and replacement of sheetrock. The cost of the undertaking is $8,500.
Though the construction activity involves more than one trade (painting, and
sheetrock replacement), Builder is not required to hold a license
issued by the Board because the cost of the undertaking does not exceed
$10,000. If the cost of the undertaking had exceeded $10,000, Builder would be
required to hold a residential home builder's license without
limitation because more than one trade is involved.
(3)
Requirements for License Without
Limitation. In order to receive a license without
limitation (unlimited license), a residential home builder must
successfully complete the following actions:
(a) File an accurate, complete, timely, and
notarized application for license with the Board;
(b) Pay the application fee, the Homeowners'
Recovery Fund fee, and any other fee required by these rules;
(c) Demonstrate proof of financial
responsibility by submitting to the Board, at the applicant's expense:
1. A credit report with business-related
credit and financial information in a form satisfactory to the Board (provided
directly from a credit reporting agency).
(i)
The credit report shall include the business-related credit accounts
information of the individual or entity to be licensed and a public records
search of the individual or entity to be licensed.
(ii) In addition, a partnership's credit
report shall include a public records search on the partnership and also on
each partner. A partnership over a year old has the option of submitting the
business-related credit accounts information on the partnership or on each
partner individually.
(iii) In
addition, a partnership, corporation, limited liability company, or other legal
entity less than one year old may be required to provide business-related
credit accounts information on the partners, corporate officers, or members
individually where the partnership, corporation, or limited liability company
does not have a credit history sufficient to reasonably satisfy the Board of
the applicant's financial responsibility.
(iv) An applicant whose application is
pending for more than 90 days (owing to a defect in the application for which
the applicant is responsible) may be required to file an updated credit report
(provided directly from a credit reporting agency).
2. An applicant must not have any outstanding
business-related collection account(s), or foreclosure account(s), except that
(i) An applicant may have a business-related
collection account(s), or foreclosure account(s) if the amount(s) of the
business-related collection account(s), or foreclosure account(s) does not
exceed $500 in the aggregate. (Example:
(A)
one $500 business-related collection account, or foreclosure or foreclosure
account, or
(B) one $250
business-related collection account, one $150 business-related collection
account, and one $100 foreclosure account.)
(ii) An applicant with a business-related
collection account(s), or foreclosure account(s), which exceeds $500 in the
aggregate must provide documentation to show that the collection account(s), or
foreclosure account(s) has been paid, or must show to the Board's reasonable
satisfaction that arrangements have been made to pay the account(s), including
but not limited to evidence of a payment plan and history of payment or provide
the Board with a written explanation of the circumstances surrounding the
business-related collection account(s), or foreclosure account(s) sufficient to
reasonably satisfy the Board of the applicant's financial
responsibility.
3. An
applicant must not have any outstanding judgments, judgment liens, or any
perfected liens, except that
(i) An applicant
may have an outstanding judgment(s), judgment lien(s), or any perfected lien(s)
under dispute in court, with the taxing authority, or on appeal, if the
amount(s) of judgment(s), judgment lien(s), or any perfected lien(s) (under
dispute in court, with the taxing authority, or on appeal) does not exceed the
amount of $1,000 in the aggregate. (Example:
(A) one $1,000 outstanding judgment, judgment
lien, or any perfected lien under dispute in court, with the taxing authority,
or on appeal and no other outstanding judgment(s), judgment lien(s), or any
perfected lien(s) under dispute in court, with the taxing authority, or on
appeal or
(B) one $650 outstanding
judgment, judgment lien, or any perfected lien under dispute in court, with the
taxing authority, or on appeal and one $350 outstanding judgment, judgment
lien, or any perfected lien under dispute in court, with the taxing authority,
or on appeal.)
(ii) An
applicant may have an outstanding judgment(s), judgment lien(s), or any
perfected lien(s) if the amount(s) of the judgment(s), judgment lien(s), or any
perfected lien(s) does not exceed $500.00 in the aggregate. (Example:
(A) one $500 outstanding judgment, judgment
lien, or any perfected lien and no other outstanding judgment(s), judgment
lien(s), or any perfected lien(s) or
(B) one $350 outstanding judgment, judgment
lien or any perfected lien and one $150 outstanding judgment, judgment lien, or
any perfected lien.)
(iii) Business-related judgments, judgment
liens, and any perfected liens include any judgment, judgment lien or any
perfected lien that may attach to real estate that an applicant takes in
his/her/its name and sells, deeds, or otherwise transfers to a consumer and
adversely affects the consumer's title. A certified copy of the satisfaction
and release from the appropriate court(s) is sufficient evidence of
satisfaction and release.
4. Disclosure of Social Security Number. All
licensure applications, including new and renewal licensure applications, have
a space for the disclosure of an individual's social security number.
(i) The disclosure of an individual's social
security number under the Alabama Child Support Act of 1997, Act 97-447,
§
30-3-194 (1997 Cum. Supp.) is MANDATORY. The Board requires
the disclosure of the social security number to be used for the purposes under
said act described therein.
(ii)
The disclosure of an individual's social security number for the purpose of
obtaining business-related financial and credit information and public records
search is VOLUNTARY. The Board requests the disclosure of the
social security number, pursuant to Code of Ala. 1975,
§
34-14A-7(a)(4), to obtain business-related financial and credit
information and a public records search in order to examine an applicant's
business-related financial condition. The Board may provide, or the individual
may provide, the social security numbers to the credit reporting agency for the
purpose of obtaining this information. An individual who does not wish to
disclose his or her social security number may provide the business-related
financial and credit information and public records search in an alternate
format. The alternate format shall be: provide five (5) notarized
business-related credit letters from financial institutions, building
suppliers, or other creditors outlining specific payment history, and a
certified public records search.
(d) Satisfy the Board that the applicant
possesses such experience and ability as to be entitled to a license as a
residential home builder by successfully completing the examination (testing
experience and ability, conducted either by the Board or a third party under
contract with the Board) required by the Board;
(e) Satisfy the Board that the applicant
possesses such good character and willingness to serve the public and conserve
the public health and safety as to be entitled to a license as a residential
home builder; and
(f) File any
additional pertinent information required by the Board on a case-by-case basis
to determine whether the applicant is qualified to receive a license.
(g) If the applicant is a corporation,
satisfy the Board that the applicant is in good standing with the Alabama
Department of Revenue and is either duly organized in the State of Alabama or
qualified as a foreign corporation to do business in Alabama.
(h) If the applicant is a limited partnership
or limited liability company, satisfy the Board that the applicant is either
duly organized in the State of Alabama or qualified as a foreign limited
partnership or limited liability company to do business in Alabama.
(4)
Requirements for License With Limitation.
In order to receive a license with limitation (limited license), a
residential home builder must successfully complete the requirements for
licensure as required under Rule §
465-X-3-.04(3) with the exception of
subsection (d) and must satisfy the experience and ability requirements as set
forth herein.
(a) Any person acting as a
residential home builder within the State of Alabama applying for a license
with limitation (limited license) shall be deemed to have
satisfied the experience and ability requirements for licensure if such person
submits an application to the Board establishing:
1. That the applicant possesses sufficient
building qualifications and experience to receive a license, as demonstrated by
satisfactory evidence presented to the Board. Proof that an applicant currently
holds or held on or before one (1) year prior to the date the application is
received by the Board, a business or occupational license, issued by a
governmental instrumentality of this state, as a contractor, roofer, or other
related construction trade, shall provide sufficient evidence of the
applicant's building qualifications and experience. The Board may also
require.
2. That the applicant is
recommended for licensure by a licensed builder holding a current and valid
unlimited home builders license issued by Alabama or any other state. The
recommendation must be in writing and signed by the licensed home builder;
or
3. That the
applicant is recommended for licensure by a building official in Alabama or any
other state.
(5)
Requirements for
License With Limitation, Limited to Roofing (Roofers
License). In order to receive a roofer's
license, a residential roofer must successfully complete the
requirements for licensure as required under Rule 465-X-3-.04(3) with the
exception of subsections (c) and (d) and must satisfy the financial
responsibility and experience and ability requirements as set forth herein.
(a) Demonstrate proof of financial
responsibility by submitting to the Board, at the applicant's expense, a bond
issued by a licensed bonding or surety company. The bond:
1. must be in an amount not less than
$10,000;
2. must name the Home
Builders Licensure Board as the obligee of the bond;
3. must be valid for coverage from the date
of issuance to December 31 of the current licensure year; and,
4. must include a legal instrument sufficient
to authorize the Board to exercise the bond.
(b) Any person acting as a residential home
builder within the State of Alabama applying for a license with
limitation, limited to roofing (roofers license) shall be deemed to have
satisfied the experience and ability requirements for licensure if such person
submits an application to the Board establishing:
1. That the applicant possesses sufficient
roofing qualifications and experience to receive a license, as demonstrated by
satisfactory evidence presented to the Board. Proof that an applicant currently
holds or held on or before one (1) year prior to the date the application is
received by the Board, a business or occupational license, issued by a
governmental instrumentality of this state, as a contractor, roofer, or other
construction trade, shall provide sufficient evidence of the applicant's
building qualifications and experience, or
2. That the applicant is a
manufacturer-certified roofing installer. The Board may also require:
3. That the applicant is recommended for
licensure by a licensed home builder holding a current and valid unlimited home
builders license in Alabama or any other state. The recommendation must be in
writing and signed by the licensed home builder; or
4. That the applicant is recommended for
licensure by a building official in Alabama or any other state.
(6)
Grandfathering Provisions. When
applicants who were initially grandfathered from examination (testing
experience and ability, conducted either by the Board or a third party under
contract with the Board) on or before June 16, 1994 and who met the
requirements under previous Code of Ala. 1975,
§
34-14A-5, and who apply for a new license in a different legal capacity
less than three (3) years from the date of expiration of the former license,
the Board shall rely on the building qualifications met under §
34-14A-5 as
sufficient evidence of applicant's experience and ability requirements for
licensure; provided there are no pending disciplinary problems with the
applicant.
(7)
Out of State License Holders. Any
applicant holding a valid license as a residential home builder issued by a
jurisdiction outside the state of Alabama shall be deemed to have satisfied the
experience and ability requirements for licensure only
upon a determination by the Board that:
(a)
the licensing requirements of the other jurisdiction are substantially similar
to those of Alabama; and
(b) the
other jurisdiction exempts Alabama licensees from any examination (testing
experience and ability) requirements imposed on residential home builders in
that jurisdiction.
(8)
Military Family Jobs Opportunity Act Applicants.
Any applicant meeting the eligibility requirements of Code of Ala. 1975, § 31-1-6(c) may also satisfy the experience and ability requirements for licensure as provided for in section 7, above. Upon meeting the remaining requirements for licensure as set forth in this chapter, the applicant will be eligible for a waiver of the initial license fee for not less than 180 days, to be extended as determined by the Executive Director. A completed application submitted pursuant to this section will be expedited and will be reviewed by the Board at its next scheduled board meeting.
(9)
Military
Education, Training, or Service Applicants. Any applicant
meeting the eligibility requirements of Code of Ala.
1975, §
31-12A-2 may satisfy the experience and ability
requirements for licensure if applying for license within three years of
completion of military educational training, or service and upon Board review
to determine level of education, training, or service being substantially
similar to Alabama Residential Home Building requirements.
(a) Applicants may satisfy the experience and
ability requirements with documentation of education, training, or service
demonstrating residential construction record.
(b) Applicants may be required to complete
the Alabama Business and Law section of the license examination.
(10)
Extension of Licensing for Military Service
Members. An individual licensee or the designated
qualifying representative of a corporation, limited liability company, or
partnership and who is a member of the Armed Forces of the United States shall
he entitled to the process of automatic renewal of license consistent with the
requirements of Code of Ala. 1975, §
31-12A-4, so
long as the licensee or the designated qualifying representative of a
corporation, limited liability company, or partnership is in good standing with
the branch of the armed services and with the Board at the time of annual
license renewal.
(a) Any license renewed
pursuant to statutory application shall remain in inactive status until such
time as the licensee meets requirements; to return to active license
status.
(b) In the instance of a
designated qualifying representative of a corporation, limited liability
company, or partnership, the individual designated qualifying representative
may be allowed to place his or her experience and abilities on inat-live
status; however, the entity may be required to name a new designated qualifying
representative if the entity desires to maintain an active license.
(11)
Inactive Licenses.
(a) Any licensee who desires to receive an
inactive license shall make and file with the Board an accurate, complete,
notarized, written application for an inactive license on a form prescribed by
the Board prior to the expiration of the current license. The application shall
be accompanied by the payment of the annual inactive license fee required by
the Board and any other fees required by these rules. After the Board accepts
the application, the application may be reviewed by the Board at the next
scheduled Board meeting.
(b) Any
building official or building inspector who desires to receive an inactive
license shall make and file with the Board 30 days prior to the next meeting of
the Board an accurate, complete, notarized, written application for an inactive
license on a form prescribed by the Board. After the Board accepts the
application, the applicant may be examined by the Board at its next Board
meeting as set out in Code of Ala. 1975,
§
34-14A-7(h)(3). Maintaining ICC certification as a certified building
official, building inspector, residential building inspector, property
maintenance and housing inspector, or building plans examiner, or maintaining a
license/ certification as a design professional, shall be considered to be
sufficient proof of building qualifications, experience and ability to receive
an inactive license.
(c) No act for
which a license is required may be performed under an inactive license. In the
event a person holding a current inactive license applies for a license, he or
she may rely upon his or her inactive license as evidence of the experience and
ability requirements for licensure under subdivisions (1) and (2) of subsection
(a) of Code of Ala. 1975, §
34-14A-7 and
subparagraph (d) of paragraph (2) of this regulation. A person holding an
inactive license must show proof of having completed six (6) hours of
continuing education prior to returning to active status. The designated
qualifying representative must obtain the six (6) credit hours of continuing
education hours for corporations, limited liability companies, and
partnerships.
(12)
Emergency Roofing Licenses.
(a) When a state
of emergency is declared by the Governor of the state of Alabama pursuant to
Code of Ala. 1975, §
31-9-8, the Executive
Director is authorized to waive the requirements for the issuance of a home
builders license with limitation limited to roofing, except for proof of
financial responsibility as set forth in Ala. Admin. Code r.
465-X-3-.04(5)(a).
(b) Where the
state of emergency does not affect the entire state, licenses issued pursuant
to this section, emergency licenses, will be issued, and will be valid, only in
the counties designated in the Governor's proclamation.
(c) Licenses issued pursuant to this section
may be issued for the duration of the state of emergency, beginning at the
declaration of the state of emergency and ending when the state of emergency is
declared by the Governor to be over, or when the state of emergency
expires.
(d) Licenses issued
pursuant to this section will be valid for no more than 60 days.
(e) Licenses issued pursuant to this section
cannot be renewed. Only one license will be issued to any home builder applying
for an emergency license.
(13)
Applicants Holding Expired
Licenses Less Than Three Years Old.
(a)
Any licensee who desires to reactivate an expired license less than three years
old shall make and file with the Board 30 days prior to the next meeting of the
Board an accurate and complete written application on a form prescribed by the
Board to reactivate the expired license. The application shall be accompanied
by the application fee, the Homeowners' Recovery Fund fee, and any other fees
required by these rules. After the Board accepts the application, the applicant
may be reviewed by the Board at the next scheduled Board meeting. An applicant
holding an expired license who files such an application within three years
from the date of expiration of the license shall be deemed to have satisfied
the experience and ability requirements for licensure provided there are no
pending disciplinary problems with the applicant and all other licensing
requirements have been met.
(b) For
an individual applicant to be considered an applicant holding an expired
license, the applicant must hold an expired license in his individual capacity.
For a partnership, corporation, or limited liability company applicant to be
considered an applicant holding an expired license, the applicant must hold an
expired partnership, corporation, or limited liability license with the same
designated qualifying representative as the applicant applying for
reactivation.
(c) In addition,
applicants who have been denied a license, or whose license has been revoked or
suspended, or who have pending disciplinary problems, are not considered
applicants holding an expired license.
(14)
Applicants Holding a Denied
License Less Than Three Years Old.
(a)
Any applicant whose license has been denied and who desires to receive a new
license shall make and file with the Board 30 days prior to the next meeting of
the Board an accurate, complete, notarized written application on a form
prescribed by the Board with the Executive Director and satisfy the criteria
set forth in 465-X-3-.04(3)(b), (c), (e), (f), (g) and (h) as applicable, or
§
465-X-3-.04(4) as applicable. The application shall be accompanied by the
application fee, the recovery fund fee, and any other fees required by these
rules. After the Board accepts the application, the applicant may be reviewed
by the Board at the next scheduled Board meeting. An applicant whose license
has been denied and who files such an application and is issued a new license
within three years from the year of denial of the previous license shall be
deemed to have satisfied the experience and ability requirements for
licensure.
Notes
Authors: David R. Boyd, Dorman Walker, Lois Woodward, Anna C. Northington, Beth Acker, Kathy Perry Brasfield, Jamie A. Durham, J. Seth Gowan, Lauren Razick, Darlene Burt
Statutory Authority: Code of Ala. 1975, §§ 34-14A-2, 34-14A-5, 34-14A-6, 34-14A-7, 34-14A-11.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.