Tenn. Comp. R. & Regs. 0680-01-.02 - CONSIDERATION OF APPLICATIONS

(1) All applications that are within the Board's discretion may be considered at the regular meetings of the Board. The Board shall meet at least six (6) times a year. Adequate notice of meeting dates, times, and locations shall be posted. Applicants will receive adequate notice of any changes.

(2) At each regular meeting, the Board may consider all applications which have been properly completed and received in the Office of the Board within a reasonable time prior to the next regularly occurring meeting of the Board. The Board reserves the right to consider all applications at any time, especially if consideration of the application at the regularly scheduled meeting would cause an undue hardship on the owner and be in the best interest of the public safety and welfare. Applications reviewed and not approved prior to the regular meeting of the Board shall be presented to the Board at the next scheduled regular meeting of the Board for consideration by the full Board.

(3) All applications considered prior to a regularly scheduled meeting of the Board may be assigned by the executive director to an individual Board member that has the applicable subject matter expertise to be reviewed and approved by the Board member. A list of the applications approved prior to the regularly scheduled meeting of the Board will be ratified at the next regularly scheduled meeting.

(4) In order to obtain a certification authorizing the applicant to operate as a contractor, the following persons, or otherwise known as the qualifying agent, must obtain a successful score on the examination in the appropriate classification, and must meet all Board requirements for a qualifying agent, and may be required to appear before the Board for an interview:

(a) For a sole proprietorship - either the individual owner or full-time employee with a written power of attorney to bind the sole proprietor, who has sufficient knowledge of the construction business in which the persons are licensed to perform.

(b) For any partnership - either a general partner or full-time employee with written power of attorney to bind the partnership, who has sufficient knowledge of the construction business in which the persons are licensed to perform.

(c) For any corporation - either a major stockholder (owning at least 20% of stock) or full time employee with written power of attorney to bind the corporation, who has sufficient knowledge of the construction business in which the persons are licensed to perform.

(d) For any limited liability company - either a manger, member or full-time employee with a written power of attorney to bind the organization, who has sufficient knowledge of the construction business in which the persons are licensed to perform.

(e) The Board must be notified within ten (10) days of the death, resignation, termination, or incapacity of a qualifying agent. If the qualifying agent for the sole proprietorship, partnership, corporation, or limited liability company leaves the firm for any reason, a new qualifying agent must take the examination and be appointed within three (3) months. If not, the license becomes inactive until a new qualifying agent is appointed.

(f) The license of an individual, sole proprietorship or partnership shall automatically become inactive three (3) months after the death of the individual, individual owner, or the sole proprietorship, or partner unless another person or entity has applied to transfer/change ownership of the license.

(g) If anyone other than an individual with an ownership interest acts as a qualifying agent, then an owner or officer with an ownership interest or power of attorney must also appear along with the qualifying agent for interview before the Board.

Notes

Tenn. Comp. R. & Regs. 0680-01-.02

Original rule filed July 22, 1974; effective August 21, 1974. Amendment filed January 20, 1977; effective February 19, 1977. Amendment filed May 19, 1980; effective July 3, 1980. Amendment filed June 28, 1984; effective July 28, 1984. Amendment filed October 16, 1985; effective November 15, 1985. Amendment filed January 31, 1996; effective April 16, 1996. Amendment filed September 12, 2005; effective November 26, 2005. Amendments filed June 8, 2017; to have been effective September 6, 2017. However, the Government Operations Committee filed a 45-day stay of the effective date of the rules on August 17, 2017; new effective date October 21, 2017. Amendments filed June 23, 2022; effective 9/21/2022.

Authority: T.C.A. §§ 62-6-108, 62-6-109(g), 62-6-111, and 62-6-115.