54.1-1106 - Application for Class A license; fees; examination; issuance.
§ 54.1-1106. Application for Class A license; fees; examination; issuance.
A. Any person desiring to be licensed as a Class A contractor shall file withthe Department a written application on a form prescribed by the Board. Theapplication shall be accompanied by a fee set by the Board pursuant to §54.1-201. The application shall contain the name, place of employment, andbusiness address of the proposed designated employee, and information on theknowledge, skills, abilities, and financial position of the applicant. TheBoard shall determine whether the past performance record of the applicant,including his reputation for paying material bills and carrying out othercontractual obligations, satisfies the purposes and intent of this chapter.The Board shall also determine whether the applicant has complied with thelaws of the Commonwealth pertaining to the domestication of foreigncorporations and all other laws affecting those engaged in the practice ofcontracting as set forth in this chapter. If the Board determines thatsufficient questions or ambiguities exist in an individual applicant'spresentation of his financial information, the Board may require theapplicant to provide a balance sheet reviewed by a certified publicaccountant licensed in accordance with § 54.1-4409.1. In addition, if theapplicant is a sole proprietor, he shall furnish to the Board his name andaddress. If the applicant is a member of a partnership, he shall furnish tothe Board the names and addresses of all of the general partners of thepartnership. If the applicant is a member of an association, he shall furnishto the Board the names and addresses of all of the members of theassociation. If the applicant is a corporation, it shall furnish to the Boardthe names and addresses of all officers of the corporation. If the applicantis a joint venture, it shall furnish to the Board the names and addresses of(i) each member of the joint venture and (ii) any sole proprietor, generalpartner of any partnership, member of any association, or officer of anycorporation who is a member of the joint venture. The applicant shallthereafter keep the Board advised of any changes in the above information.
B. If the application is satisfactory to the Board, the proposed designatedemployee shall be required by Board regulations to take an oral or writtenexamination to determine his general knowledge of contracting, including thestatutory and regulatory requirements governing contractors in theCommonwealth. If the proposed designated employee successfully completes theexamination and the applicant meets or exceeds the other entry criteriaestablished by Board regulations, a Class A contractor license shall beissued to the applicant. The license shall permit the applicant to engage incontracting only so long as the designated employee is in the full-timeemployment of the contractor or is a member of the contractor's responsiblemanagement. No examination shall be required where the licensed Class Acontractor changes his form of business entity provided he is in goodstanding with the Board. In the event the designated employee leaves thefull-time employ of the licensed contractor or is no longer a member of thecontractor's responsible management, no additional examination shall berequired of such designated employee, except in accordance with §54.1-1110.1, and the contractor shall within 90 days of that departureprovide to the Board the name of the new designated employee.
C. The Board may grant a Class A license in any of the followingclassifications: (i) building contractor, (ii) highway/heavy contractor,(iii) electrical contractor, (iv) plumbing contractor, (v) heating,ventilation, and air conditioning contractor, and (vi) specialty contractor.
(1980, c. 634, § 54-129.1; 1984, c. 45; 1988, c. 765; 1990, c. 911; 1992, c.713; 1994, c. 601; 1996, c. 707; 1998, c. 754; 1999, c. 393; 2003, c. 892;2005, c. 348; 2007, c. 804.)