§ 7068. — 7068. (Amended by Stats. 2021, Ch. 376, Sec. 5.)

(a)
The board shall require an applicant to show the degree of knowledge and experience in the classification applied for, and the general knowledge of the building, safety, health, and lien laws of the state and of the administrative principles of the contracting business that the board deems necessary for the safety and protection of the public.
(b)
An applicant shall qualify in regard to their experience and knowledge in one of the following ways:
(1)
If an individual, they shall qualify by personal appearance or by the appearance of their responsible managing employee who is qualified for the same license classification
as the classification being applied for.
(2)
If a partnership or a limited partnership, it shall qualify by the appearance of a general partner or by the appearance of a responsible managing employee who is qualified for the same license classification as the classification being applied for.
(3)
If a corporation, or any other combination or organization, it shall qualify by the appearance of a responsible managing officer or responsible managing employee who is qualified for the same
license classification as the classification being applied for.
(4)
If a limited liability company, it shall qualify by the appearance of a responsible managing officer, a responsible managing manager, responsible managing member, or a responsible managing employee who is qualified for the same license classification as the classification being applied for.
(c)
(1)
For purposes of this chapter, “a responsible managing employee” means an individual who is a bona fide employee of the applicant and is actively engaged in the classification of work for which that responsible managing employee is the qualifying person on behalf of the applicant.
(2)
For purposes of this subdivision,
the following definitions apply:
(A)
“Bona fide employee of the applicant” means an employee who is permanently employed by the applicant.
(B)
“Actively engaged” means working 32 hours per week, or 80 percent of the total hours per week that the applicant’s business is in operation, whichever is less.
(d)
The board shall, in addition, require an applicant who qualifies by means of a responsible managing employee under either paragraph (1) or (2) of subdivision (b) to show their general knowledge of the building, safety, health, and lien laws of the state and of the administrative principles of the contracting business as the board deems necessary for the safety and protection of the public.
(e)
Except in accordance with Section 7068.1, no person qualifying on behalf of an individual or firm under paragraph (1), (2), (3), or (4) of subdivision (b) shall hold any other active contractor’s license while acting in the capacity of a qualifying individual pursuant to this section.
(f)
At the time of application for renewal of a license, the current qualifying individual shall file a statement with the registrar, on a form prescribed by the registrar, verifying their capacity as a qualifying individual to the licensee.
(g)
Statements made by or on behalf of an applicant as to the applicant’s experience in the classification applied for shall be verified by a qualified and responsible person. In addition, the registrar
shall, as specified by board regulation, randomly review a percentage of such statements for their veracity.
(h)
The registrar shall review experience gained by applicants from other states to determine whether all of that experience was gained in a lawful manner in that state.

Legislative History

Amended by Stats. 2021, Ch. 376, Sec. 5. (AB 830) Effective January 1, 2022.