(1) A certificate of registration will be issued to one person only. Other persons shall not be included in that certificate, but each shall be separately registered and shall separately meet the requirements of registration. No entity may perform work subject to Chapter 5-65 through the use of another persons certificate of registration.
(2) Registration shall be limited to residential work as established by law.
(3) If a person registered as an individual, partnership, or corporation, seeks to change to another person the former registration will be terminated the new person must register anew.
(4) All partners within a partnership shall be of record with the Board. Partnerships consisting of spouses shall be treated as are partnerships consisting of unrelated persons. Notification must be made to the Commission for any change in the composition of that partnership; except of the reallocation of interest among the existing partners.
(5) Each person shall list on its application for registration or renewal all business names under which business as a contractor is to be conducted.
(6) (a) A certificate of registration is valid for the term for which it is issued only if the following conditions are met throughout the registration period:
(A) The insurance required by Section 5-65-7 remains in effect; and
(B) If the registrant is an individual, survival of that individual; or
(C) If the registrant is a partnership, no change in the composition of that partnership, by death or otherwise; or
(D) If the registrant is a corporation, survival of that corporation, including compliance with all applicable laws governing corporation.
(b) A person whose certificate of registration has lapsed is considered nonregistered from the date the lapse occurred until the date the registration is renewed, reissued, or reinstated. During a period of lapse, the person shall not perform the work of a contractor.
(c) If a certificate of registration becomes invalid, or lapses, the Commission requires the return of the certificate and identification card(s).
(7) No person shall advertise or otherwise hold out to the public that persons services as a contractor unless that person holds a current, valid certificate of registration, nor shall any person claim by advertising or by any other means to be registered unless that person holds a current, valid certificate of registration.
(a) All newsprint classified advertising and newsprint display advertising for work subject to Chapter 5-65 prepared by a contractor or at the contractors request or direction, shall show the contractors registration number.
(b) All written building contracts subject to Chapter 5-65 shall show the contractors registration number.
(c) All telephone directory space ads and display ads shall show the contractors registration number.
(d) It is necessary to show the contractors registration number in accordance with 5-65 3(L).
(8) The fee for original registration is $60.00 per year. The fee for renewal of registration is $60.00 per year. A late fee of 25.00 shall be charged for any renewal, reissued, or reinstatement received by the Commission after the expiration date. Any registrant who fails to surrender their registration will be charged $5.00 per month up to two years. If a card is surrendered and registrant wishes to reinstate, no additional charge will be administered. If a card is surrendered it will not be reissued without penalty for a period of 90 days. Identification cards for other partners or corporate members will be issued upon receipt of a $10.00 fee. These cards may be used for permit applications and registrant identification.
(9) Reciprocity with other state shall be limited to the exchange of information.
3.1.1 (1) Requests for record modifications necessitating a certificate of registration change shall be accompanied by a $10.00 fee.
(2) No charge will be made for address changes on the record.
3.2 Applications for Registration
3.2.1 (1) (a)The application required under subsection (3) of this regulation together with the fee required shall be on file with the Commission before a certificate of registration may be issued, except as provided in this section of this regulation.
(b)The effective date of a certificate of registration or renewal may be prior to the date of receipt of all documents and/or fees required by law and by these regulations if the Commission determines that delays in receipt of required documents and/or fees were caused by Commission error.
(2) (a)An applicant for registration or renewal shall certify that the applicant has procured insurance as required by Section 5 65 7 and will continue to meet those insurance requirements for as long as the applicant is registered.
(b)This certification constitutes satisfactory evidence of insurance and is in lieu of any other evidence of insurance.
(c)If the requirements of subsection (2)(A) of this regulation have been met, and the Commission receives a notice of cancellation, the Commission may send a notice to the registrant, by regular mail, reminding the registrant of the obligation imposed by the registrants insurance certification.
(d)The registrant shall maintain the insurance required by Section 5 65 7 in effect continuously until the certificate of registration is terminated, revoked, or expired. If the registrant, in performance of work subject to Chapter 5-65 through failure to comply with this subsection, causes damage to another entity or to the property of another person for which that entity could have been compensated by an insurance company had the required insurance been in effect, the Commission may assess a civil penalty against the registrant in an amount up to $1,000.00 in addition to such other action as may be taken under Section 5-65-10.
(e)It is the responsibility of the registrant to assure insurance certificates are maintained and are on file with the Contractors' Registration Board.
(a)A complete application for registration includes:
(A) A completed application on proper form.
(B)The certification of insurance coverage with an indication that insurance agent or company shall directly notify the Commission upon termination of insurance coverage;
(C)The application fee;
(D)The Commission may return an incomplete application for registration to the applicant with an explanation of the deficiencies. Returned forms may be subject to late filing fees.
(4) A certificate of registration shall be issued by the Commission effective the date on which all fees required by law have been paid and all documents required by law and by these regulations are on file with the Commission. (5) If a certificate of registration is lost, misplaced or destroyed, the registrant shall file an affidavit to that effect and for a fee of $25.00, it shall be reissued.
3.3 Renewal and Reissue of Registration
3.3.1 (1) A certificate of registration may be reissued upon the applicants completion of the renewal form or application form prescribed by the Commission and upon payment of the fee or fees, and if it appears to the Commission that the applicant has supplied the required certification of insurance coverage as described in Section 3.2.1(3)(a)(b).
(2) Certificates of registration issued by the Board shall expire on first day of the birth month of the individual qualifying for said certificate and may be renewed on or after that date for a period of twelve (12) months or to the registrants next birth month upon payment of the appropriate renewal fee which shall be equal to the respective fees as set forth in Section 5 65 9. The fee in Regulation 3.0(9) for the first certificate of registration will be calculated from the date of issuance to the individuals birth month. Partnership or corporation certificates of registration shall expire one year after the date they are registered.
(3) The effective date of renewal shall be the previous registration expiration date when;
(a) all requirements for renewal are met prior to the previous registration expiration date,
(b) including submission of a required certification of insurance coverage, and payment of renewal fee plus late fees are met, or any outstanding violations issued and fines occurred.
(4) The effective date of reissue shall be the date all requirements for registration, including submission of a certification of insurance coverage, and payment of the renewal fee plus late fees are met, whenever that date is after the expiration date of the prior registration.
3.4 Revocation or Suspension of Registration
3.4.1 If the Commission adjudges one or more claim against a registrant which that person fails to pay in full, the Commission will revoke, suspend, or refuse to issue or reissue a certificate of registration, unless the person submits proof to the Commission that the amounts adjudged against the person represents debts discharged in bankruptcy or otherwise provided for by an approved plan of bankruptcy reorganization. Revocations will be conducted in accordance with the Administrative Procedures Act, Chapter 42 35 of the General Laws as amended. A registration revoked will only be reissued upon presenting to the Board sufficient evidence or proof of settlement. The Executive Director may reissue, or allow suspended registrants reinstatement upon proof of compliance to all outstanding orders issued by the Board, and settlements.
3.4.2 Registration numbers previously issued may be reissued by the Executive Director one year from the date a person dies, business is dissolved, retirement occurs, bankruptcy is filed, or registration is surrendered.
3.4.3 In order to expunge the record of any proposed or final orders the registrant may petition the Board to withdraw this information from the record. Upon reviewing the matter and discussion, and a determination by the Board the Executive Director may delete this public information for just cause.
3.4.4 The Contractors' Registration Board may refuse to process a claim that involves a contract that is administered, reviewed and inspected by a local state or federal agency, when disbursement of the contract sum is contingent upon the approval of that agency.
3.4.5 If another registrants number is fraudulently used, or modifications made to the registration card, a penalty of $1,000.00 shall be imposed.
3.4.6 Action on a corporations registration or other entity may preclude future registrations or action or other registrations held by the same corporate principles or officers, concurrently.
3.4.7 At the discretion of the Commission, a warning or a fine in any amount of up to $1,000.00 for failing to provide notice to homeowners regarding construction liens.