2005 Idaho Code - 54-1910 — EXAMINATIONS, QUALIFICATIONS AND APPLICATIONS

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 19
                           PUBLIC WORKS CONTRACTORS
    54-1910.  EXAMINATIONS, QUALIFICATIONS AND APPLICATIONS. Under such rules
as the board may adopt, the administrator shall have the power and authority
to investigate, classify, and to qualify applicants for licenses under this
chapter, by written or oral examinations, or both.
    The qualifications to be required of an applicant by the board are as
follows:
    (a)  Such degree of experience, and such general knowledge of the
building, safety, health and lien laws of the state, and of the rudimentary
administrative principles of the contracting business, as may be deemed
necessary by the board for the safety and protection of the public. The
applicant if an individual may qualify as to the aforementioned experience and
knowledge by personal appearance or by the appearance of his responsible
managing employee, and if a copartnership or corporation, limited liability
company, limited liability partnership and any other combination or
organization, by the appearance of the responsible managing officer or member
of the personnel of such applicant. If the person qualifying by examination as
to experience and knowledge shall, for any reason whatsoever, cease to be
connected with the licensee to whom the license is issued, such licensee shall
so notify the administrator in writing within ten (10) days from such
cessation. If such notice is given, the license shall remain in force for a
reasonable length of time, to be determined by rules of the board. If such
licensee fails to so notify the administrator within said ten (10) day period,
then at the end of such ten (10) day period, the license of such licensee
shall be automatically suspended. A suspended license shall be reinstated upon
the filing with the administrator of an affidavit executed by the licensee or
a member of the suspended firm, to the effect that the individual originally
examined for the firm has been replaced by another individual who has been
qualified by examination as herein provided, and who shall not have had a
license suspended or revoked, nor have been connected with any licensee who
has had a license suspended or revoked for reasons that should preclude him
from personally qualifying as to good character as herein required of an
applicant.
    (b)  The possession by the applicant of good character. Lack of character
may be established by showing any of the following:
    (1)  That the applicant has committed or done any act which, if committed
    or done by any licensed contractor, would be grounds for the suspension or
    revocation of a contractor's license; or
    (2)  That the applicant has committed or done any act involving
    dishonesty, fraud or deceit whereby the applicant has been benefited or
    whereby some injury has been sustained by another; or
    (3)  That the applicant bears a bad reputation for honesty and integrity;
    or
    (4)  That the applicant has been convicted of a felony.
    (c)  That he has never been refused a license or had a license revoked for
reasons that would preclude the granting of the license applied for.
    (d)  No license shall be issued to a corporation, copartnership, limited
liability company, limited liability partnership or other combination or
organization if any responsible officer of such corporation, or other
combination or organization, or any member of such copartnership does not meet
the qualifications required of an applicant other than those qualifications
relating to knowledge and experience.
    (e)  To obtain an original license under this chapter, the applicant shall
submit to the administrator, on such forms as the administrator shall
prescribe, accompanied by the required fee for the class of license applied
for, and in accordance with such rules as may be deemed necessary and adopted
by the board in order to carry out the foregoing provisions of this section, a
sworn written application for such license, containing the statement that
applicant desires the issuance of a license under the terms of this chapter.
The information contained in such application forms shall include a complete
statement of the general nature of applicant's contracting business, and
stating concisely applicant's experience and qualifications as a contractor;
the value and character of contract work completed and for whom performed
during the three (3) year period prior to filing the application; a general
description of applicant's machinery and equipment; a complete financial
statement which may include a letter from applicant's bonding company stating
the amount of the applicant's bonding capability per project and in the
aggregate, on such forms and disclosing such information as shall be required
by the administrator, together with such additional information as may be
required by the administrator to determine the applicant's fitness for a
license under this chapter. The application shall contain, if by an
individual, the individual's name, social security number and business
address; if by a copartnership, its business address and the names and
addresses of all partners; and if by a corporation, association, limited
liability company, limited liability partnership or other organization, its
business address and the names and addresses of the president, vice president,
secretary, and chief construction managing officers, or responsible managing
employee. A request for a licensing class higher than that for which the
applicant qualifies must go to the administrator for review and may be
approved up to the bond limit. A final appeal of a decision of the
administrator may be made to the board.