La. Admin. Code tit. 46 § XXIX-109

Current through Register Vol. 50, No. 9, September 20, 2024

Section XXIX-109 - Qualifying Party [Formerly section 109, 111, 113]

A. A qualifying party shall be required to successfully complete any trade examinations and meet or complete any other eligibility requirements.

1. The qualifying party or parties authorized to take the examination are those defined in R.S. 37:2156.1 D.

2. An employee selected as qualifying party by the licensee shall be required to complete a qualifying party verification before examination attesting to his/her eligibility that he/she is a full-time employee of the person for whom he/she is seeking to qualify working at least 32 hours per week and that he/she meet the criteria to be classified as an employee as defined by the Internal Revenue Service. The qualifying party section of the online application will be certified by the employer.

C. An employee who has not been in full-time employment immediately preceding the application due to an absence resulting from deployment in active military service may be considered as a full-time employee if the employee has been re-employed in accordance with R.S. 29:410 and, considering the employee's period of employment immediately preceding the absence resulting from deployment in active military service, the employee otherwise satisfies the requirement of full-time employment.

D. If a qualifying party for a particular trade terminates employment or ownership/membership with a licensee, the licensee's license remains valid with the following restrictions. The licensee may continue existing work or bid on new work in the licensed trade classification but may not begin such work until the qualifying party is replaced.

E. When a qualifying party's employment or association with the licensee is terminated for any reason, the licensee shall comply with R.S. 37:2156.1(D)(1) by notifying the board in writing within 30 days of the termination. The licensee shall submit and qualify a new person as its qualifying party within 60 days of the termination of the prior qualifying party. If the licensee fails to qualify a new qualifying party within 60 days as required herein, the licensee's license may be suspended or revoked, or have a classification(s) removed by the board.

La. Admin. Code tit. 46, § XXIX-109

Adopted by the Department of Commerce, Licensing Board for Contractors, November 1974, amended and promulgated LR 8:137 (March 1982), amended by the Department of Economic Development, Licensing Board for Contractors, LR 19:1126 (September 1993), amended by the Office of the Governor, Licensing Board for Contractors, LR 38:149 (January 2012), Amended LR 442144 (12/1/2018), Amended LR 491918 (11/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2150-2165.