(1) The division may not issue a license in a name that the division determines may result in confusion for the name of another licensee. (2) Except as provided in Subsection (1), the division shall issue a license in the name of a contractor if the contractor applicant meets this chapter's requirements. (3) The division shall require the contractor's license number on permit applications, contracts, agreements, or bids that require a license. (4) (a) The division shall require a contractor to have a qualifier. (b) A qualifier for a contractor shall demonstrate to the division that the qualifier is: (i) licensed in accordance with this chapter; and (ii) an owner, officer, or manager of the contractor who exercises material authority in the conduct of the contracting business by: (A) making substantive technical and administrative decisions relating to the work performed for which this chapter requires a license; (B) hiring, promoting, transferring, laying off, disciplining, directing, or discharging employees of the contractor; and (C) avoiding involvement in other employment or activity that conflict with the qualifier's duties and responsibilities to ensure the licensee does not jeopardize the public health, safety, and welfare. (5) (a) The division may take action against: (i) a contractor if the qualifier or contractor violates the requirements of this section; and (ii) a qualifier if the qualifier or contractor violates the requirements of this section. (b) The division may consider a qualifier or contractor's failure to comply with the requirements of this section to be unprofessional conduct. (6) (a) Except as provided in Subsection (6)(b), a contractor that is not a plumbing or electrical contractor may comply with the qualifier requirements when renewing a license in accordance with Section 58-55-108 by recording an active employee name and license number from the applicable construction trade on the renewal application if the contractor has not violated the requirements of this chapter for a period of 10 consecutive years. (b) If the business entity transfers more than 50% of the business entity's ownership at any time during the ten-year period before the renewal, the contractor may not meet the qualifier requirement in accordance with Subsection (6)(a). (7) (a) Except as provided in Subsection (7)(b), a plumbing or electrical contractor may comply with the qualifier requirements when renewing a license in accordance with Section 58-55-108 by recording an active employee name and license number from the applicable construction trade on the renewal application if the plumbing or electrical contractor has not violated the requirements of this chapter for a period of five consecutive years. (b) If the plumbing or electrical business entity transfers more than 50% of the plumbing or electrical business entity's ownership at any time during the five-year period before the renewal, the plumbing or electrical business entity may not meet the qualifier requirement in accordance with Subsection (7)(a). (8) (a) Notwithstanding Subsections (6) and (7), if a qualifier for a contractor ceases association with the contractor, the contractor shall notify the division in writing within 10 days after the day on which the association ceases. (b) If notice is given, the contractor's license shall remain in force for 60 days after the day on which the association ceases. (c) The division shall suspend the contractor's license if the contractor does not replace the qualifier who ceases association with another qualifier within the 60-day period. (9) The division may suspend the contractor's license if the contractor does not notify the division of cessation of association of a qualifier.
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