chapter 12 contractors license board - · pdf fileenacted by public law 14-51 relative to...

25 GAR - PROFESSIONAL AND VOCATIONAL REGULATIONS

CH. 12 - CONTRACTORS LICENSE BOARD - 1997 - P. 1

CHAPTER 12CONTRACTORS LICENSE BOARD

§12101. Authority and Purpose of Regulations, Exceptions,Enforcement

§12102. Definitions§12103. Processing License Applications§12104. Experience Qualifications§12105. Fees and Refunds§12106 Classifications§12107. Scope of Classification§12108. Examinations§12109. Renewal of License§12110. Revocation, Suspension and Lapse of Licenses§12111. Ownership and Management of License§12112. Disclosure to Owners by Home Improvement and General

Building Contractors§12113. Place of Business§12114. Reports to Board by Home Improvement and Renovation and

General Building Contractors§12115. Responsibility for Good Workmanship§12116. Conflict with Legislative Act

§12101. Authority and Purpose of Regulations,Exemptions, Enforcement. (a) Authority. Authority topromulgate Rules and Regulations by the ContractorsLicense Board is found in 21 GCA §70102, as enacted byPublic law 14-51 (Bill 140). All references hereinafter to'this Chapter' are to said Chapter VII. All referenceshereinafter to 'Board' are to the Contractors License Board.

(b) Purpose of Law Protection, Safety of Public. TheBoard interprets the primary intent of the Legislature increating the. Board to be the protection of the publichealth, safety and general welfare in dealing with personsengaged in the construction industry, and the affording tothe public of an effective and practical protection againstthe incompetent, inexperienced, unlawful and unfairpractices of contractors with whom they may contract. Allrules, regulations or orders adopted by the Board shall beinterpreted and construed in light of the policiesannounced herein.

(c) Exemptions. These rules and regulations exemptthose persons and projects identified in 21 GCA §70101.

Exemptions for Prior Licenses. Any contractor whoobtained a valid contractors license with the then existinglicense statute prior to July 1, 1977 shall be exempted fromprovisions of this Chapter relative to application,investigation and examination. Any contractor with a validlicense issued prior to July 1, 1977 with a classification



different from those enumerated in 21 GCA §70123, shallbe automatically placed in the appropriated classificationwithout the necessity of complying with the applicationinvestigation and examination provisions of this Chapter.All other provisions shall apply providing, however, thatPublic Works endorsement, if prior to July 1, 1977 orlicense if on or after July 1, 1977 has not lapsed.

Exemptions for Responsible Management Employee.Any Responsible Management Employee that wasregistered under the Department of Public Works prior toJuly 1, 1977 shall be exempted from provisions of thisregulation and this Chapter, 21 GCA Chapter 70, asenacted by Public law 14-51 relative to application,investigation and examination. All other provisions shallapply providing, however, that Public Worksendorsement, if prior to July 1, 1977 or license if on or afterJuly 1, 1977 has not lapsed.

(d) Violation and Penalty. Any persons who violatesor omits to comply with any of the provisions of theserules and regulations or this Chapter shall be fined notmore than TEN THOUSAND DOLLARS ($10,000.00).

(e) Injunction. The Board may, in addition to anyother remedies available, apply to a Judge of the SuperiorCourt of Guam for a preliminary and/or permanentinjunction restraining any person from acting or assumingto act or advertise as a General Engineering Contractor,General Building Contractor or Specialty Contractorwithout a license previously obtained under and incompliance with this Chapter and the rules andregulations of the Board. Upon hearings and for causeshown, the Judge may grant the preliminary and/orpermanent injunction.

§12102. Definitions. (a) Direct Management of theContracting Business as used in these rules and regulationsmeans the general supervision of the construction projectsundertaken by the licensee, the control of technical andadministrative decisions, personnel management, thereview of construction contracts and enforcing compliancewith all laws and regulations affecting the contractingbusiness.

(b) Responsible Management Employee. A ResponsibleManagement Employee means the individual responsiblefor the direct management of the contracting business ofthe licensee. A Responsible Management Employee shall



not be deemed to have the direct management of thelicensee's contracting business unless he is:

(1) A bona fide employee principally employed bythe licensee provided, however, that an individualmay be a Responsible Management Employee formore than one firm if:

(A) there is a common ownership of at leastfifty-one percent (51%) of the equity of each, forwhich he acts as Responsible ManagementEmployee; or,

(B) each additional firm for which he acts asResponsible Management Employee is asubsidiary of, or joint venture of the first; or,

(C) there is a direct family relationshipbetween the Responsible Management Employeeand the Officers of each additional firm for whichhe acts as the Responsible ManagementEmployee.

(2) In a position to secure full compliance with therules and regulations as set forth by the Board.

(3) Familiar with all contracts the firm enters intoand is responsible for all contract provisions. To verifysuch familiarity, the Responsible ManagementEmployee shall sign or initial all contracts.

(4) Familiar with all projects the firm undertakesand is responsible for enforcement of record keepingof such projects, such records to include amount oftime Responsible Management Employee spends withthe firm and payroll record of ResponsibleManagement Employee.

(5) In residence in the territory of Guam duringthe period in which the license is in effect or duringthe period a project is under construction.

(c) Employee. Employee means an individual who, withwages as his sole compensation, works under thesupervision of an employer who is liable for paying hissocial security, unemployment and workmen'scompensation contributions on behalf of the employee.

(d) Owner-Builder. A person who undertakes anoperation for himself' means a person who builds astructure on his own premises for his own personal needs,with no intent to sell, rent or lease such structure to



someone else and which structure is not for use by thegeneral public.

(e) Home Improvement and Renovation Contracting.Home Improvement and Renovation Contracting meansundertaking or holding oneself out as being able toundertake directly or indirectly renovation, remodeling,repairing or otherwise improving a residential property forcompensation.

(f) Home Improvement and Renovation Salesman.

(1) Home Improvement and Renovation Salesmanmeans an individual who, as a representative of ahome improvement contractor, solicits for ornegotiates a home improvement contract.

(2) Any individual representing more than oneprincipal or acting on his own behalf as a homeimprovement and renovation salesman shall betreated for all purposes hereunder as a contractor andshall be required to hold a proper license.

§12103. processing License Application. (a)Application Form for Contractors License. Allapplications for an original contractors license shall bemade in writing upon a form to be prescribed by theBoard, which form shall be designed to seek from theapplicant the following information:

(1) A complete statement of the general nature ofthe applicant's contracting business;

(2) If the applicant is an Individual, his name andaddress; if a Partnership, the names and addresses ofall partners, and the names and addresses of theResponsible Management Employee(s): if aCorporation, the names and addresses of theResponsible Management Employee(s) and all officers;if a Joint venture, the names and addresses of theEmployee(s). For the purpose of this article, anyperson(s) in any of the capacities set forth in this ruleshall be deemed to be members of the personnel ofapplicant.

(3) A record of the previous experience ofapplicant and applicant's Responsible ManagementEmployee(s) in the field of construction: Designate theprojects associated with by name, size, location andtitle of position held.



(4) Sworn certificates of not less than two (2)persons who have known the applicant for a period ofnot less than six (6) months, certifying that theapplicant bears a good reputation for honesty,truthfulness and fair dealings.

(5) Nothing contained herein shall be construed tolimit the Board's authority to seek from the applicantsuch other information pertinent to the character,experience and past and future methods of doingbusiness as may be deemed necessary to determinethe applicant's qualifications.

(b) Individual License Required. ResponsibleManagement Employee must be licensed. TheCorporation, Partnership or Joint Venture which employshim must be also licensed as a contractor. HomeImprovement and Renovation Salesman falling under§12102 of these rules and regulations must be licensed.

(c) Management of Applicant to FurnishInformation. An Officer, Director or Partner of anapplicant shall furnish the information requested in theprescribed application form.

(d) Signing and Verification of Applications. Everyapplication for contractors licenses shall be signed by theindividual applying if applicant is an individual: if aPartnership, by a copartner; if a Corporation or JointVenture, by its President or its authorized representative;and by all other persons concerning whom information isgiven in the application form. All persons signing theapplication shall swear to the truth of the statementscontained therein before a notary public. Evidence of theauthority of authorized representative of a Joint Venture orCorporation shall be filed with its application.

(e) Exhibits Required. Every applicant shall berequired to furnish the Board with the followingdocuments:

(1) If the applicant is an individual, sworncertificates of not less than two (2) persons who haveknown the applicant for a period of not less than six(6) months, certifying that the applicant bears a goodreputation for honesty, truthfulness and fair dealings.

(2) Not less than three (3) certificates in support ofexperience qualifications as set forth hereinafter in§12104.



(3) A current credit report on the individualapplicant, on each partner and the ResponsibleManagement Employee or Partnerships; on eachmember of the Responsible Management Employee ofa Joint Venture; and on the Corporate entity and theResponsible Management Employee of a Corporation.

(4) Proof of financial solvency, (bank letter ofcredit attesting to solvency or financial statement fromthe Bank).

(f) Rejection of Applications.

(1) The Board shall reject any application which isinsufficient or incomplete; or where the applicant hasfailed to satisfy the Board that the applicant:

(A) demonstrates a record of integrity of fairdealings and fulfillment of prior contracts andpossesses or demonstrates reasonable availabilityof adequate finances and facilities to undertakeand successfully complete a contractual project.

(B) is qualified by experience for the licensesought..

(2) The Board is empowered to deny approval ofany application wherein the applicant is found to haveviolated regulatory statutes of any governmentalagency of which violations demonstrate the lack ofmoral or professional integrity necessary to fulfillcontract responsibilities. The Board will further rejectthe application if review of the record of the applicantreveals that the applicant was denied or had a licenserevoked by any regulatory agency for professionalmisconduct.

(3) An application for an original contractorslicense will be automatically rejected when:

(A) the applicant or Responsible ManagementEmployee for the applicant, after having beennotified to do so: fails to appear for theexamination on the date notified;

(B) the applicant or Responsible ManagementEmployee for the applicant fails the examinationand, after having been notified to do so, fails toappear for re-examination on the date notified;

(C) the applicant, after having been notifiedto do so, fails to comply with any of the



requirements in these rules and regulations or asmay be established by the Board, within thirty(30) days from the date of notification.

(g) When a Joint Venture Requires a License.

(1) No further licensing is required when allparties to the Joint Venture submit evidence to theBoard that they hold current licenses.

(2) If the Joint Venture, itself, is licensed, none ofthe parties in the Joint Venture are required to belicensed.

(h) Classification of License for Joint Venture. TheBoard shall issue a license to a Joint Venture for theclassification in which one of its members thereof islicensed.

§12104. Experience Qualifications. (a) ExperienceRequirement. Every individual applicant must have had,within the past ten (10) years immediately preceding thefiling of an application, not less than four (4) yearsexperience as a foreman, supervising employee orcontractor in the particular field of contracting in which theapplicant intends to engage as a contractor. Corporations,Partnerships and Joint Venture must qualify through aResponsible Management Employee who meets theseexperience requirements.

(b) Power of the Board to Approve Other Experience.The Board in its discretion, may approve certain technicaltraining or business administration training as acceptableexperience, but in no case will such training count as morethan one (1) year of experience.

(c) Power of the Board to Accept EquivalentKnowledge. The Board in its discretion, may accept anyreasonably equivalent knowledge, training or experienceof the applicant in lieu of a specific experience requirementif, upon investigation, it makes a detailed finding to thateffect.

§12105. Fees and Refunds. (a) Disposition of Feesand Refunds.

(1) All fees received by the Contractors LicenseBoard under this Chapter shall be deposited by theappointed agent of the Treasurer of Guam with theTreasurer of Guam. Annually, when the amount paidinto the 'CONTRACTORS LICENSE BOARD FUND'equals the amount appropriated to the Board, any



additional receipts during the remainder of the fiscalyear shall be paid into the GENERAL FUND‘.

(2) The Board may request the Treasurer of Guamto have any fee erroneously paid to it under thisChapter refunded when the Board deems it just andequitable.

(b) Application Fee. Every application for a licensehereunder shall be accompanied by an application fee ofTWENTY FIVE DOLLARS ($25.00).

(c) Annual Fee.

(1) The annual fee for each license thereofprescribed by this Chapter shall be as follows:

(A) License Fees for Contractor's license:License to act as General EngineeringContractor........................................................ $200.License to act as General BuildingContractor........................................................ $200.License to act as Specialty Contractor.......... $200.

(B) License for Responsible Management Employee:License to Act as RME in GeneralEngineering Contractor................................... $200.License to act as RME in General BuildingBuilding Contractor......................................... $200.License to act as RME in SpecialContract........................................................... $200.

(2) The annual fee or inactive license fee shall bepaid on or before June 30 of each year for a licenseyear beginning on July lst. Failure, neglect or refusal ofany licensee to pay the annual fee before such dateshall constitute a forfeiture of his license. Any suchlicense may be restored upon written applicationtherefore within one (1) year from such date andpayment of the required fee plus the amount equal toten percent thereof.

(3) Upon written request by a contractor and forgood cause, the Board shall place an active license inan ‘INACTIVE' status. The license, upon payment ofthe annual inactive license fee, may continue inactivefor a period of three (3) years (fee paid annually), afterwhich time it must be reactivated at any time withinthe three (3) year period by fulfilling the requirementsfor renewal, including the payment of the appropriaterenewal fee.



§12106. Classifications. (a) All Contractors Classified.All persons heretofore or hereinafter licensed under theserules and regulations will be classified by the Board intoone or more classifications and/or sub-classifications asfollows:

GENERAL ENGINEERING CONTRACTOR "A"GENERAL BUILDING CONTRACTOR "B"SPECIALTY CONTRACTOR"C

(1) GENERAL ENGINEERING CONTRACTOR:More than two unrelated heavy construction tradesor crafts including but not limited to the following:Asphalt Paving & SurfacingCement ConcreteConcrete Paving & SurfacingClassified SpecialtiesDemolitionExcavating, Grading & TrenchingFencingGuniteHousing & Building Moving & WreckingLandscapingPile Driving & FoundationPest ControlPost Tensioning/PrestressReinforcing SteelSeptic TankSewer: Sewage; Disposal Drain; Cement Pipe LayingStone MasonryStructural SteelWater ProofingWelding

(2) GENERAL BUILDING CONTRACTOR:More than two unrelated building trades or crafts includingbut not limited to the following:Acoustical TileAluminum Roofing & SidingCabinet & MillworkCarpentry FramingCarpet LayingCement ConcreteConcrete Paving & SurfacingDemolitionDrywallFencingFloor CoveringGlazingGuniteHouse a Building Moving a WreckingInstitutional a Commercial EquipmentInsulationLandscaping



Lift SlabLimited House Improvement & Renovation Masonry . .Ornamental Metal.Painting & DecoratingPest ControlPile Driving & FoundationPlasteringPost Tensioning/PrestressPrefabricated Steel BuildingReinforcing SteelRoofingSeptic TankSheet MetalSpray, Texture CoatingStone MasonryStructural SteelSwimming PoolTileWater ProofingWeldingWood FlooringWood Shingle & ShakeClassified Specialties

(3) SPECIALTY CONTRACTOR: This classificationshall not prohibit a specialty contractor from takingand executing a contract involving the use of twoor more crafts or trades, if the performance of thework is less than thirty five percent (35%) andsupplemental to the performance of work in thecraft for which the specialty contractor is licensed.

Acoustical TileAsphalt Paving & SurfacingAluminum Roofing & SidingBoiler, Hot Water Heating & Steam FittingCabinet g MillworkCarpentry FramingCarpet layingCement ConcreteConcrete Paving & SurfacingDemolitionDrywallElectricalElectrical Pole & LineElectrical SignElectronic SystemElevator InstallationExcavating, Grading & TrenchingFire a Burglar AlarmFire ProtectionFloor CoveringGlazingGuniteHouse & Building Moving & WreckingInstitutional & Commercial Equipment



InsulationLandscapingLathingLift SlabLimited House Improvement & Renovation MasonryOrnamental MetalPainting & DecoratingPest ControlPile Driving & FoundationPlasteringPlumbingPost Tensioning/PrestressPrefabricated Steel BuildingReconditioning Concrete Water & Sewer linesRefrigerationReinforcing SteelRoofingSeptic TankFencingSewer; Sewage Disposal Drain: Cement Pipe LayingSheet MetalSolarSpray, Texture CoatingStructural Pest ControlStructural SteelSwimming PoolTileWarm Air Heating, Ventilating & Air ConditioningWater ChlorinationWater ProofingWeldingWell DrillingWood Flooring Wood Shingle & ShakeClassified Specialties

(4) Definitions of Sub-Classifications:

(C-1) Acoustical Tile Contractor: An AcousticalTile Contractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to execute preparatory worknecessary to bring surfaces to a condition whereacoustical tile can be laid thereon and to lay suchtile by the use of adhesive or other acceptableinstallation media and to install metal suspensionmembers and place acoustical materials forsuspended ceilings.

(C-2) Aluminum Shingle and Siding Contractors:An Aluminum Shingle and Siding Contractor is aspecialty contractor whose contracting business isthe execution of contracts requiring the ability to



install aluminum shingles and siding so that anacceptable water-tight surface is obtained.

(C-3) Asphalt Paving and Surfacing Contractor:An Asphalt Paving and Surfacing Contractor is aspecialty contractor whose contracting business isthe execution of contracts requiring the ability tointelligently proportion, mix and place paving andsurfacing consisting of graded miner aggregatesbonded with asphalt or bituminous materials sothat a firm, smooth surface suitable for roadways,runways and parking areas is obtained.

(C-4) Boiler, Hot Water Heating and SteamFitting Contractor: A Boiler, Hot Water Heatingand Steam Fitting Contractor is a specialtycontractor whose contracting business is theexecution of contracts requiring the ability tointelligently install fire-tube and water-tubepower boilers and hot water heating boilers,including all fitting and piping, valves, gauges,pumps, radiators, connectors, fuel oil tanks fuel oillines, chimneys, fuels, heat insulation and all otherdevices, apparatus and equipment pertinentthereto.

(C-5) Cabinet and Millwork Contractor: ACabinet and Millwork Contractor is a specialtycontractor whose contracting business is theexecution of contracts requiring the ability tointelligently cut, surface, join and frame wood andwood products into cabinet, case, sash, door, trim,non-bearing partition and such other millproducts as are by custom and usage accepted inthe building and construction industry as cabinetand millwork. Included is the placing andfinishing in buildings of such cabinet andmillwork.

(C-6) Carpentry Framing Contractor: ACarpentry Framing Contractor is a specialtycontractor whose contracting business is theexecution of contracts requiring the ability to docarpentry framing. Such work to include floorframing and siding, roof framing including woodtruss, roof sheathing and such other work as is bycustom and usage accepted in the construction



industry as carpentry framing. This classificationalso includes work of the C-58, Wood FlooringContractor.

(C-7) Carpet Laying Contractor: A CarpetLaying Contractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to intelligently prepare floorsurfaces to a condition where acceptable fabricfloor covering can be laid thereon and to lay suchcovering.

(C-8) Cement Concrete Contractor: A CementConcrete Contractor is a specialty contractorwhose contracting business is the execution ofcontracts requiring the ability to intelligentlyproportion and mix aggregates, cement and waterto make acceptable concrete and to pour, placeand finish same including the placing and settingof screens and forms including driveways andsidewalks. Excluded is the work covered byclassification C-10, Paving and SurfacingContractor.

(C-9) Septic Tank Contractor: A Septic TankContractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to excavate and install septictanks in compliance with the requirements of theDepartment of Public Health.

(C-10) Concrete Paving and SurfacingContractor: A Concrete Paving and SurfacingContractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to intelligently proportion,mix and place paving and surfacing consisting ofgraded mineral aggregates bond, with cement sothat a firm, smooth surface suitable for roadways,runways and parking areas is obtained.

(C-11) Demolition Contractor: A DemolitionContractor is a specialty Contractor whosecontracting business is the execution of contractsrequiring the ability to intelligently demolish alltypes of building or structure and to remove all of



such building or structure from the premises onwhich it was built.

(C-12) Drywall Contractor: A DrywallContractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to intelligently install gypsumwallboard systems and sheathing; to tape and filljoints and indentations of wallboard withsimulated acoustic or gypsum texture to notinclude the work of the C-33 Painting andDecorating or C-36 Plastering Contractors.

(C-13) Electrical Contractor: An ElectricalContractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to place, install, erect orconnect any electrical wires, fixtures, appliances,apparatus, raceways or conduits and lines whichtransmit, transform or utilize electrical energy.This classification also includes the work of the C-19 Fire and Burglar Alarm Contractor.

(C-13A) Pole and Line Contractor: A Pole andLine Contractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to dress, ground, anchor anderect poles designed to carry electrical wires andto connect and string electrical wires and fixturesand apparatus to and between such poles. A C-13Electrical Contractor classification is a prerequisiteto obtaining this classification.

(C-14) Electrical Sign Contractor: An ElectricalSign Contractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to intelligently fabricate,install and erect electrical signs.

(C-15) Electronic System Contractor: AnElectronic System Contractor is a specialtycontractor whose contracting business is theexecution of contracts requiring the ability tointelligently install, maintain, repair and serviceelectronic equipment and electronic controls forpublic address, inter communication, masterantenna and music distribution systems.



Electronic controls to include those controls inconjunction with other specialty contracting work.

(C-16) Elevator Installation Contractor: AnElevator Installation Contractor is a specialtycontractor whose contracting business is theexecution of contracts requiring the ability tointelligently fabricate, erect and install sheavebeams motors, sheaves, cable and wire rope,guides, cab, counter weight, doors includingsidewalk elevator doors, hydraulic systems,automatic and manual controls, signal systemsand all other devices, apparatus and equipmentappurtenances for the sage and efficientinstallation and operation of electrical, hydraulicand manually-operated elevators.

(C-17) Excavating, Grading and TrenchingContractor: An Excavating, Grading and TrenchingContractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to intelligently dig, move andplace earthen materials for a cut, fill, grade ortrench, including the use of explosives inconnection therewith.

(C-18) Fencing Contractor: A FencingContractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to intelligently assemble,fabricate and install metal fencing and gates.

(C-19) Fire and Burglar Alarm Contractor: AFire and Burglar Alarm Contractor is a specialtycontractor whose contracting business is theexecution of contracts requiring the ability tointelligently install, maintain and repair fire andburglar alarm systems.

(C-20) Fire Protection Contractor: A fireProtection Contractor is a specialty contractorwhose contracting business is the execution ofcontracts requiring the ability to intelligently layout, fabricate and install approved types of fireprevention and protection systems including allmechanical apparatus, devices, piping andequipment appurtenant thereto except electrical



devices, apparatus and wiring which shall beinstalled by specialty contractors in theclassifications C-13 or C.15. The licensee shallhave the ability to comply with applicableprovisions of the NBFU Standards to meet allrequirements of the local authorities havingjurisdiction.

(C-21) Floor Covering Contractor: A FloorCovering Contractor is a specialty contractorwhose contracting business is the execution ofcontracts requiring the ability to intelligentlyprepare floor surfaces to a condition where he canlay acceptable flooring with the use of linoleum,rubber, vinyl, cork, asphalt, plastic aluminates orsuch other materials as are by custom and usagein the construction industry known ascomposition flooring.

(C-22) Glazing Contractor: A GlazingContractor is a specialty contractor whosecontracting business is the execution of. contractsrequiring the ability to intelligently cut glass andto glaze frames, panels, sash and doors. It shallalso include fabrication and installation of showerdoors, tub enclosures, metal jealousies, store frontmetal and trim plastics, tempered glass doorsincluding such items as frames and hardware andany allied products not stipulated above butaffiliated with the glass and glazing industry.

(C-23) Gunite Contractor: A Gunite Contractoris a specialty contractor whose contractingbusiness is the execution of contracts requiring theability to intelligently proportion and mixaggregates, cement and water and topneumatically apply and finish the mix includingthe setting of ground wires and pencil rods toestablish the finished surface planes.

(C-24) House and Building Moving andWrecking Contractor: A House and BuildingMoving and Wrecking Contractor is a specialtycontractor whose contracting business is theexecution of contracts requiring the ability to



intelligently raise and underpin buildings so thatalterations, additions, repairs and new sub-structures may be built under the permanentlyretained portions of such buildings and to moveor wreck buildings provided, however, thatwrecking shall be limited to those buildings whichcould otherwise be moved in whole or not morethan three sections.

(C-25) Institutional and Commercial EquipmentContractor: An Institutional and CommercialEquipment Contractor is a specialty contractorwhose contracting business is the execution ofcontracts requiring the ability to install laboratoryequipment, for services equipment, folding andsliding partitions, stationary metal partitions, andsuch other equipment and materials as are bycustom and usage accepted in the constructionindustry as institutional and commercialequipment work. Excluded is the work done byclassifications C-13 Electrical and C-37 Plumbingcontractors.

(C-26) Insulation Contractor: An InsulationContractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to intelligently install anyinsulating media in buildings and structures forthe sole purpose of temperature control.

(C-27) Landscaping Contractor: A LandscapingContractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the art and ability to intelligentlyprepare plots of land for architectural horticultureand to provide decorative treatment and arrangegardens, lawns, shrubs, vines, bushes, trees andother decorative vegetation; constructconservatories, hot and green houses, drainageand sprinkler systems and ornamental pools,tanks, fountains, walls, fences and walks; arrange,fabricate and place garden furniture, statuary andmonuments in connection therewith. and metallath, or any other materials which provide a keyor suction base for the support of plaster-coating:including the light gauge metal shapes for thesupport of metal or other fireproof lath.



(C-29) Lift Slab Contractor: A Lift SlabContractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to intelligently lift or lowerconcrete slabs or prefabricated steel work, in avertical dimension, into predesignated positionsthrough the use of jacks.

(C-30) Limited Home Improvement andRenovation Contractor: A Limited HomeImprovement and Renovation Contractor is aspecialty contractor whose contracting business isthe execution of home improvement andrenovation contracts requiring the ability tointelligently perform the carpentry work toremodel and/or to make repairs to existingbuildings or structures and to do any other workwhich would be incidental and supplemental tosuch remodeling or repairing. This contractorshall be licensed only for contractors notexceeding Three Thousand Five Hundred Dollars($3,500).

(C-31) Masonry Contractor: A MasonryContractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to intelligently select, cut andlay brick and other baked clay products, roughstone, cut and dressed stone, artificial stone andprecase blocks, structural glass brick or block, laidat random or in courses with or without mortar.

(C-32) Ornamental Metal Contractor: AnOrnamental Metal Contractor is a specialtycontractor whose contracting business is theexecution of contracts requiring the ability tointelligently cast, cut, shape, stamp, forge, weld,braze, solder fabricate any metal used in thebuilding and construction industry for thearchitectural treatment and ornamental decorationof buildings and structures; but shall not includethe work of a Sheet Metal Contractor (C-44) orStructural Steel Contractor (C-48).

(C-33) Painting and Decorating Contractor: APainting and Decorating Contractor is a specialtycontractor whose contracting business is the



execution of contracts requiring the ability tointelligently prepare surfaces, including the tapingof joints in wallboard, and to apply acceptablefinishes thereon with the use of paints, varnishes,shellacs, stains, fillers, waxes and any othervehicles and materials that may be mixed andapplied as finish to surfaces of buildings includingtexture coatings and coverings.

(C-34) Pest Control Contractor: A Pest ControlContractor is a specialty contractor whosecontracting business is the execution of pestcontrol contracts requiring a practical knowledgeof the life cycles, habits and habitat of wooddestroying insects and household pest and suchknowledge of construction as will enable him todetermine where the insects or pests are and theproper method to use in ridding a building ofsuch insects or pests. This classification does notinclude the work of the C-47 Structural PestControl Contractor.

(C-35) Pile Driving and Foundation Contractor:A Pile Driving and Foundation Contractor isspecialty contractor whose contracting business isthe execution of contracts requiring the ability tointelligently drive pilings of wood, concrete orsteel to cut off same and prepare pilings forpermanent foundations.

(C-36) Plastering Contractor: A PlasteringContractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to prepare mixtures of sand,gypsum, plaster, quicklime or hydrated lime andwater, or sand and cement and water, or acombination of such other materials as created apermanent surface coating; including coloring forsame, and to apply such mixtures by use of aplasterer's trowel, brush or spray gun to anysurface which offers a mechanical key for thesupport of such mixture, or to which such mixturewill adhere by suction; and to apply lath or anyother material that will provide a base for suchmixture.



(C-37) Plumbing Contractor: A PlumbingContractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to intelligently install supplywater piping systems, waste water piping systemsand fuel gas piping systems, the fixtures for thesesystems and the venting for waste water pipingsystems and fuel gas piping systems; within suchstructures and works where people or animalslive, work and assemble.

(C-38) Post Tensioning Contractor: A PostTensioning Contractor is a specialty contractorwhose contracting business is the execution ofcontracts requiring the ability to intelligentlyapply compression to concrete structures orvarious components by the use of steels, bars orwires and to bring such bars or wires to propertension after the structures or components arebuilt or placed.

(C-39) Reconditioning Concrete PipelineContractor: A Reconditioning Concrete PipelineContractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to intelligently recondition orrestore concrete water or sewer lines through theuse of manually or machine-applied grout.

(C-40) Refrigeration Contractor: A RefrigerationContractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to intelligently construct,erect and install devices, machinery and unitsincluding temperature insulation units, ducts,blowers, registers, humidity and thermostaticcontrols for the control of air temperature belowfifty degrees Fahrenheit (500F) in refrigerators,refrigerator rooms and insulated refrigeratorspaces.

(C-41) Reinforcing Steel Contractors: AReinforcing Steel Contractor is a specialtycontractor whose contracting business is theexecution of contracts requiring the ability tointelligently fabricate, place and tie steelreinforcing bars (rods) of any profile, perimeter or



cross-section, that are or may be used to reinforceconcrete buildings and structures.

(C-42) Roofing Contractor: A RoofingContractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to intelligently preparesurfaces and apply a watertight covering to suchsurfaces with the use of any or all of the following:asphalt, pitch, tar, felt, glass, fabric, flax,composition, shingles, roof tile, slate and suchother materials that are established by use andcustom as suitable for a watertight cover. Thisclassification includes the work of the C-55Waterproofing Contractor, but does not includethe work of the C-2 Aluminum Roofing andSiding Contractor or the C-59 Wood Shingle andShake Contractor.

(C-43) Sewer, Sewage Disposal, Drain, CementPipe Laying Contractor: A Sewer, Sewage Disposal,Drain, Cement Pipe Laying Contractor is aspecialty contractor whose contracting business isthe execution of contracts requiring the ability tointelligently fabricate concrete and masonrysewers, sewage disposal concrete and masonrysewers, sewage disposal and drain structures,packaged sewer disposal plants, sewage liftstations, septic tanks and appurtenances thereto;to lay iron, steel, concrete, vitreous and non-vitreous pipe; including the excavation, grading,trenching, backfilling paving and surfacing inconnection therewith.

(C-44) Sheet Metal Contractor: A Sheet MetalContractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to intelligently cut, shape,fabricate and install sheet metal such as cornices,f lashings , gutters , ladders , ra inwaterdownsprouts, pond, kitchen equipment, ductwork and metal flues.

(C-45) Spray Texture Coatings Contractor: ASpray Texture Coatings Contractor is a specialtycontractor whose contracting business is theexecution of contract requiring the ability to



intelligently prepare surfaces and applyacceptable texture coating finishes, but shall notinclude the work of the C-33 Painting andDecorating or the C-36 Plastering Contractor.

(C-46) Stone Masonry Contractor: A StoneMasonry Contractor is a specialty contractorwhose contracting business is the execution ofcontracts requiring the ability to intelligentlyselect, cut and dress stone, and to constructornamental walls, veneer walls and structuralwalls or columns from such stones; to lay stone insuch manner that an acceptable paved surface isobtained and to construct stone retaining wallswith or without mortar, sufficient in strength andweight to retain the earth which it was built toretain.

(C-47) Structural Pest Control Contractor: AStructural Pest Control Contractor is a specialtycontractor whose contracting business is theexecution of contracts requiring a practicalknowledge of the life cycles, habits and habitats ofwood destroying insects and household pests; theability to destroy same and to intelligently repairany damage resulting from such insects and pests.This classification includes the work of the C-34Pest Control Contractor.

(C-48) Structural Steel Contractor: A StructuralSteel Contractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to intelligently fabricate anderect structural steel shapes, bars, rods and platesof any profile, perimeter or cross-section that areor may be used as structural members forbuildings and structures, including riveting,bolting, welding and rigging in connectiontherewith.

(C-49) Swimming Pool Contractor: A SwimmingPool Contractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to construct swimming poolswith the use those construction industry trades asare necessary for the construction of such pools.



(C-50) Tile Contractor: A Tile Contractor is. aspecialty contractor whose contracting business isthe execution of contracts requiring the ability tointelligently prepare a base upon which ceramicand other tile work, including all pseudo ceramictile products, will adhere by suction or byadhesive and to install such tiles.

(C-51) Warm Air Heating, Ventilating and AirConditioning Contractor: A Warm Air Heating,Ventilating and Air Conditioning Contractor is aspecialty contractor whose business is theexecution of contracts requiring the ability tointelligently fabricate and install warm air heatingand cooling systems, complete air conditioningsystems except for those air conditioning systemsrequiring refrigeration as an integral part of thesystem.

(C-52) ---------------OMITTED------------------------

(C-53) Solar Contractor: A Solar Contractor is aspecialty contractor whose contracting business isthe execution of contracts requiring the ability toplace, install and erect apparatus for heating,water heating, air conditioning, refrigeration orother devices powered by solar energy orconversion of solar energy to electromotive forcesused or to be used for structures or in conjunctionwith any classification or specialties listed inPublic law 14-51 or these Rules and Regulations.Prerequisites for this classification are: C-13Electrical Contractor, C-37 Plumbing Contractor,and C-40 Refrigeration Contractor or C-51 WarmAir Heating, Ventilating and Air ConditioningContractor.

(C-54) Water Chlorination Contractor: A WaterChlorination Contractor is a specialty contractorwhose contracting business is the execution ofcontracts requiring the ability to chlorinate waterlines so that tests approved by the Department ofPublic Health show that water in such lines meetthe standard of that department and is acceptableto the Department of Public Health,



(C-55) Waterproofing Contractor: Awaterproofing Contractor is a specialty contractorwhose contracting business is the execution ofcontracts requiring the ability to intelligentlyapply felt, flax, glass, asphaltum, pitch, latex orother materials or any combination of any thereofto surfaces to prevent, hold, keep and stop watervapor from penetrating and passing suchmaterials.

(C-56) Welding Contractor: A WeldingContractor is a specialty contractor whosecontracting business is the execution of contractsrequiring the ability to intelligently use gases andelectrical energy or other heating media, fluxesand metal rods to cause materials to become fusedor jointed together.

(C-57) Well-Drilling Contractor: A WellDrilling Contractor is a specialty contractor whosecontracting business is the execution of contractsrequiring some practical elementary knowledge ofgeology, hydrology, the occurrence of water in theground, water levels in wells; the prevention ofsurface and sub-surface contamination andpollution of the ground-water supply; and theability to intelligently bore, drill, excavate, case,cement, clean and repair waterwells with hand topower tools or rigs.

(C-58) Wood Flooring Contractor: A WoodFlooring Contractor is a specialty contractorwhose contracting business is the execution ofcontracts requiring the ability to intelligently layand repair wood floor and to finish such floors bysanding, filling and sealing.

(C-68) Classified Specialist: A ClassifiedSpecialist is a specialty contractor whoseoperations as such is in the performance ofconstruction work requiring special skills andwhose contracting business involves the use ofspecialized building trades in crafts not listedabove and who meets the standards set by theBoard for such classification.



Temporary classifications under C-68,classified specialist may be established by theBoard until the work performed is defined and theproper classification is established.

§12107. Scope of Classification. (a) GeneralEngineering, General Building and SpecialtyContractors.

(1) A General Engineering contractor is acontractor whose principal contracting business is inconnection with fixed works requiring specializedengineering knowledge and skill including thefollowing divisions and subjects: irrigation, drainage,water power, water supply, flood central, inlandwaterways, harbors, docks and wharves, shipyardsand ports, dams and hydro-electric projects; levees,tunnels, airports and airways, sewers and sewagedisposal plants and systems, waste reduction plants,bridges, overpasses, under- passes and other similarworks; pipelines and other systems for thetransmission of petroleum and other liquid or gaseoussubstances; parks, playgrounds and other recreationalworks; refineries, chemical plants and similarindustrial plants requiring specialized engineeringknowledge and skill; houses, power plants and otherutility plants and installations; mines, metallurgicalplants, land leveling and earthmoving projects;excavating, grading, trenching, paving and surfacingwork; and cement and concrete works in conjunctionwith the above mentioned fixed works.

(2) A General Building Contractor is a contractorwhose principal contracting business is in connectionwith any structure built, being built or to be built forthe support, shelter and enclosure of persons, animals,chattels or movable property of any kind requiring inits construction the use of unrelated building trades orcrafts or to do or superintend the whole or any partthereof.

(3) A Specialty Contractor is a contractor whoseoperations as such are the performance of constructionwork requiring special skills and whose principalcontracting business involves the use of specializedbuilding trades or crafts or licensing to meet safetystandards.



(4) Any person who qualifies by writtenexamination after the effective date of these rules for acontractors license in the general engineeringcontractor classification shall automatically be deemedto hold or be qualified for a license in the specialitieslisted under §12106(a).

In addition, the general engineering contractormay install poles in all new pole lines and replacepoles where circuits of 600 volts or less are involved;provided that framing, installation of the groundwires, insulators and conductors are performed by anelectrical contractor holding a C-13A classification.

(5) Any person who qualifies by writtenexaminations after the effective date of these rules forcontractors license in the general building contractorclassification shall automatically be deemed to hold orbe qualified for a contractors license in specialtyclassifications listed under §12106 (b).

(6) Any person who holds or qualifies for aspecialty contractors license shall automatically bedeemed to hold or be qualified for the sub-classification of his particular specialty.

(b) Limitation of Classifications. All licenseclassifications are subject to the following limitation:

(1) A licensee classified as a general engineeringcontractor or as a general building contractor shall notact, assume to act or advertise as a specialty contractorexcept in specialties for which he is licensed.

(2) A general building contractor license entitlesthe holder to under-take a contract with one or moreunrelated building trades or crafts.

(3) A licensee classified as a specialty contractorshall not act, assume to act or advertise as a contractorin any classification(s) other than those in which he islicensed.

(4) General building contractors and specialtycontractors holding proper licenses need not have a C-30, Limited Home Improvement and Renovation



contractors license to engage in home improvementand renovation contracting in their own field.

(c) Work Incidental and Supplemental. Nothingcontained in this article shall prohibit the performance of acontract in the classification in which any contractor islicensed by the Board.

(d) Additional Classification. A licensee may obtainadditional classifications by filing an application andmeeting the requirements regarding experience in theclassification requested.

§12108. Examinations. (a) Examination on Law andRelated Subjects. All applicants for an original contractorslicense shall be required to take and successfully pass awritten examination designed to test the applicant'sexperience and general knowledge of the building, safety,health, labor and lien laws of the territory and of therudimentary administrative principles of the contractingbusiness. This shall be called Examination, Part I.

(b) Examination Subject Matter. Separate specificwritten examinations shall be given for each classificationin order to test the applicant's specialized knowledge in thefield in which he desires to be licensed. This shall be calledExamination, Part II.

(c) Kinds of Examination. There shall be two (2)principal kinds of examinations: a 'specific' examinationwhich is the examination approved and prescribed for aparticular classification and a 'blanket' examination whichis an examination approved and required for several or agroup of classifications.

(d) New Examinations. The Board shall from time totime as need arises cause new examinations to be preparedfor the several classifications for contractors.

(e) Failure to Pass Examination. An examinee whofails to attain a passing grade or an examination for anoriginal license may be given a re-examination withinninety (90) days without the necessity of reapplication oradditional fee.



An applicant failing two (2) full testing cycles (originalexamination and re-examination) will be administeredanother examination in the same classification for a periodof one (1) year immediately following the last re-examination administered.

At any time that a re-examination is necessary, a letterwill be addressed to the Board by the examinee. Re-examination will be administered upon arrival.

Applicants must then again file an original applicationwhich must meet all requirements of §12103 of this Rulesand Regulations and again be approved by the Board.

(f) Time and Place of Examination. The Board shallset the time and place for the examination. The Board isauthorized to select the examinations in the classificationapplied for from a list of examinations approved by theBoard; fix the time to be allotted to examinee; anddetermine the manner and conditions under which theexamination shall be given which shall be uniform for allapplicants for a particular classification.

(g) Credits Obtained. All examinations shall be in two(2) parts and shall be graded as follows:

PART I 50 credits

PART II 50 credits

A grade of seventy-five percent (75%) shall be theminimum passing grade for any examination. Noexaminee shall be deemed to have attained a passing gradeunless he shall have attained a grade of not less thanthirty-seven and one-half (37.5) credits in Part and thirty-seven and one-half (37.5) credits in Part II. When anexaminee shall have failed to attain a passing grade foreither Part I or Part II of any examination, such examineeshall be required to submit to re-examination in that partwhere he failed.

(8) Written Examination not Required. No writtenexamination shall be required of any applicant who shallhave previously qualified by written examination within aperiod of four (4) years prior to his application; providedhe applies for license in the same classification for which



the previous examination was given. The Board may waivethe requirement for a written examination at its discretionfor any applicant who has previously qualified by writtenexamination.

(9) Time Element for Examination. Upon arrival of hisapplication, an applicant who is subject to examinationmust take such examination when notified or again file anoriginal application for contractors license.

§12109. Renewal of License. (a) Date for Filing. Theoffice of the Contractors License Board will clear andprocess all renewal applications received by April 20 ofeach year. All other renewal applications received after thisdate will be processed only after applicants have obtainedclearances from: Department of Land Management,Department of Revenue and Taxation, Department ofLabor and Department of Public Works.

(b) Failure to Submit Renewal Application. Arenewal application must be made upon forms prescribedby the Board. Failure to apply for renewal on or beforeJune 30 of each year shall automatically void a license andwould require a licensee to submit an original applicationsatisfying §12103 of this Rules and Regulations.

(c) Proper Filing Authorizes Contractor to Operate.The proper filing of a renewal application authorizes acontractor to continue operation until the actual issuanceof the renewal license for the ensuing fiscal year; provided,the license of said applicant is not otherwise undersuspension by reason of the decision of the Board in adisciplinary proceeding.

(d) Suspension. No license which is under suspensionby order of the Board or by operation of law shall berenewed until the suspension has been lifted and in such acase the filing of a renewal application form does notauthorize operation as a contractor until the actualissuance of the renewal license.

(e) Board May Refuse to Renew. The Board mayrefuse the issuance of a renewal license for failure orrefusal on the part of the licensee to file the renewalapplication form prescribed by the Board or to complywith the rules and regulations as set forth by the Board.



(f) Bond Requirement. If an application is made forreinstatement of a suspended or revoked license as a resultof violation of the Guam Code Annotated, the Board mayrequire as an added requirement for the reinstatement,proof of financial integrity such as a bond in an amountand under terms to be determined by the Board. The sumof any such bond shall be based on the magnitude of theoperations of the applicant.

(g) Waiving a Bond. The Board may waive therequirement of a bond where the applicant or licensee hasmade a full restitution to all parties injured, if any, as aresult of the act for which his license was suspended orrevoked.

(h) Previous Licenses A licensee originally endorsedprior to July 1, 1977 who meets all the requirements for thefiling of his renewal application and who is otherwiseentitled to the issuance of a renewal license shall not berequired to take or pass an examination as a condition tothe issuance of such renewal license.

(i) Renewal Application Mailed. Between the first (lst)and the fifteenth (l5th) day of March each year, theExecutive Secretary (REGISTRAR) shall mail every licensee(except those under suspension) at his address of recordwith the Board, a renewal application form approved bythe Board which form shall contain instructions to thelicensee for the completion of the application and theconditions and requirements of a valid renewal shall berequired to answer all questions in the approved renewalform as provided in §12109 of this Part. The Board is notresponsible for ensuring that the licensee applications arereceived by the applicants.

(j) Renewal Application Date. To date upon which arenewal application shall be deemed to be filed with theBoard shall be the date of the postmark appearing uponthe envelope containing the application, if sent by mail orby the item stamp marked thereon immediately uponreceipt, if personally delivered.

(k) Conditions for Renewal License.

(1) A renewal of license will not be made until theapplicant establishes that he continues to havefinancial integrity which may be demonstrated by the



absence of unpaid wage claims, mechanic's liens,materialman's claims or unpaid tax assessmentsrelated to the activity for which the renewal is sought.

(2) he applicant must show proof of financialsolvency (bank letter of credit attesting to solvency orfinancial statement from the bank).

(3) If at the time of renewal after examination ofsuch materials as well as other information brought toits attention the Board has reasonable cause to believethat an applicant has not maintained satisfactoryfinancial integrity, the Board shall, by registered mail,notify the applicant stating that the allegations uponwhich such a finding may be made and setting a placefor Board‘s decision, an applicant may continue to dobusiness on his existing license subject to such actionas may be taken by the Board to suspend theapplicant's privilege of operation.

§12110. Revocation, Suspension and Lapse ofLicenses. (a) Causes for Revocation or Suspension.

(1) The Board may revoke any license issuedhereunder, suspend the right of the licensee to usesuch licenses, or refuse to renew any such license forany of the following causes;

(A) Conviction of any felony or misdemeanorinvolving moral turpitude;

(B) Any dishonest, fraudulent or deceitful actas a contractor which causes substantial damageto another;

(C) Pursuing a continued and flagrant courseof misrepresentation or of making false promisesthrough advertising or otherwise;

(D) Abandonment of any ,construction projector operation without reasonable or legal excuse;

(E) Willful departure from or willfuldisregard of plans or specifications in any materialrespect without consent of the owner or his dulyauthorized representative, which is prejudicial to



a person entitled to have the construction projector operation completed in accordance with suchplans and specifications;

(F) Willful violation of any law of the territoryor of any political subdivision thereof relating tobuilding, including any violation of any applicablerule or regulation of the Department of PublicHealth or of any applicable safety or labor law;

(G) Failure to make and keep recordsshowing all contracts, documents, records,receipts and disbursements by a licensee of all histransactions as a contractor for a period of not lessthan three (3) years after completion of anyconstruction project or operation which therecords refer or to permit inspections of suchrecords by the Board;

(H) When the licensee being a partnership orjoint venture permits any member of suchpartnerships or joint venture who does not hold alicense to actively participate in the contractingbusiness thereof;

(I) When the licensee being a corporationpermits any officer or employee of suchcorporation who does not hold a license to havethe direct management of the contracting businessthereof;

(J) Misrepresentation of a material fact by anapplicant obtaining a license;

(K) Failure of a licensee to complete in amaterial respect any construction project oroperation for the agreed price if such failure iswithout legal excuse;

(L) Willful failure in any material respect tocomply with this Chapter or the Rules andRegulations promulgated pursuant thereto;

(M) Willful failure or refusal to prosecute aproject or operation to completion with reasonablediligence;



(N) Willful failure to pay when due a debtincurred for services of materials rendered orpurchased in connection with his operations as acontractor when he has the ability to pay or whenhe has received sufficient funds thereof aspayment for the particular operation for which theservice or materials were rendered or purchased;

(O) False denial of any debt due or thevalidity of the claim therefore with the intent tosecure for licensee, his employer or other personany discount of such debt or with intent to hinder,delay or defraud the person to whom such debt isdue;

(P) Failure to secure or maintain workmen'scompensation insurance;

(Q) Knowingly entering into a contract withan unlicensed contractor involving work oractivity for the performance of which licensing isrequired under this Chapter;

(R) When an RME and/or the majority ofstockholders have another corporate or companystructure caused the non-payment of employeeswages and/or the abandonment of alien workersto become a burden on the government; or

(S) Upon certification of failure of payment oftaxes by the Department of Revenue and Taxation.

(2) No license shall be suspended for longer thantwo (2) years and no person whose license is revokedshall be eligible for a new license until the expirationof two (2) years. At such time, an original applicationshall be submitted to the requirements of §12103 ofthis Rules and Regulations.

(b) Hearings and Appeals.

(1) In every case where it is proposed to refuse togrant a license or to revoke or suspend a license or torefuse to renew a license, the Board shall give theperson concerned notice and hearing conformity withthe Administrative Adjudication Law. The notice shall



be given in writing by certified mail with returnreceipt requested at least fifteen (15) days before thehearing.

(2) In all proceedings before it, the Board and eachmember thereof shall have the same powers respectingadministering oaths, compelling attendance ofwitnesses and the production of documentaryevidence and examining witnesses as are possessed bycircuit judges at chambers. In case of disobedience byany person of any order of the Board or any memberthereof or any subpoena issued by it or him or therefusal of any witness to testify to any matterregarding which he may be questioned lawfully, anyjudge of the Superior Court on application by theBoard thereof shall compel obedience as in the case ofa issued by the Superior Court or refusal to testifytherein.

(3) An applicant who has been refused a licenseand every licensee whose license has been suspended,revoked or not renewed may appeal the Board'sdecision to the Superior Court in the manner providedin the Administrative Adjudication law.

(c) Notice Due Contractors License Board UponDeath, Dissociation or Disability.

(1) A licensee whose contracting business is underthe direct management of an RME shall within thirty(30) days of death, dissociation or disability of suchRME to notify the Board of such death, dissociation ordisability. If notice is given, the license shall remain inforce for a reasonable length of time, not less thanthirty (30) days from such death or dissociation to bedetermined by the Board.

(2) Disability includes any situation in which thedirect management of licensee's contracting business isno longer under the control of RME.

(3) Failure of the licensee to notify the Boardwithin thirty (30) days shall result in the license beingautomatically suspended without a hearing. Thelicense may be reinstated when the licensee qualifiesanother individual as his RME.



(d) Board Jurisdiction to Proceed. The lapsing orsuspension of a license by operation of law, or by order ordecision of the Board or a court of law, or by the voluntarysurrender of a license by the licensee shall not deprive theBoard of jurisdiction to proceed with any investigation ofor action or disciplinary proceeding against such licenseeor to render a decision suspending or revoking suchlicense.

§12111. Ownership and Management of License. (a)License Non-Transferrable. A license issued by the Boardshall not be transferable. No licensee shall permit hiscontracting business to be under the direct management ofan unlicensed RME.

(b) Change in Management Personnel. Any change inthe management personnel of the licensee as listed in thelicensee's most recent application shall be reported to theBoard within ten (10) days of such change.

§12112. Disclosure to Owners by Home Improvementand General Building Contractors. (a) Disclosure toOwners. Contractors engaging in home improvement,home building and renovation contracting shall, prior toobtaining a binding contract from the homeowner:

(1) Disclose information pertaining to the contractand its performance which might mislead thehomeowner to his detriment.

(2) Provide homeowner with a copy of thecontract form that will be used such copy to be thesame on file with the Board.

(3) Disclosure approximate percentage work to besubcontracted.

(4) Disclosure whether bonded or not, if not, theextent of financial security available to assureperformance of the contract.

§12113. Place of Business. (a) Place of Business. Nolicense shall be issued or renewed by the Board to anyperson excepting RME's who does not maintain apermanent place of business within the Territory wherein



he may be served with notice, legal proceedings andwherein his license is prominently displayed.

(b) Change of Address. The licensee shall notify theBoard of any change of address within thirty (30) days ofsuch change.

§12114. Reports to Board by Home Improvement andRenovation and General Building Contractors. (a)Reports to Board. All contractors, including generalbuilding contractors engaged in home improvement andrenovation shall maintain with the Board a current filecontaining the following:

(1) The form of contract he uses in his business.This form shall provide a clear statement of:

(A) Amount of contract;

(B) Date the work is to commence andnumber of days for completion;

(C) Work to be performed and materials to beused;

(D) Approximate percentage of work to besub-contracted; and:

(E) Must provide a clear statement of the riskof loss of any payments made to a salesman(printed in distinct capital letters next to theowner's signature line).

(2) A list of salesmen employed by the contractorand kept current by the contractor. Salesmen so listedshall be recognized as representing the contractor andshall sign their true name along with the contractor toeach contract they negotiate. A contractor obtainingwork through a salesman not listed as his employeemay be held in violation of these rules and regulations.

(3) Signatures of the licensee, his RME, if any andall salesmen who are listed as being employed by thelicensee.



§12115. Responsibility for Good Workmanship. (a)Responsibility of Good Workmanship. No licensee may,by failing to prepare written specification or otherwise,relieve himself or attempt to relieve himself of theresponsibility of good workmanship.

(b) Identification Display. All contractors mustdisplay a sign or building permit on all building projectsites identifying the licensee performing the project, title ofthe project, licensee's phone number, etc.

§12116. Conflict with Legislative Act. (a) Conflictwith Legislative Act. Any part of these Rules andRegulations may be deleted if in conflict with 21 GCAChapter 70.

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