Work Comp with No Employees, Waiver Qualifying and Disassociation When Suspended

Let’s learn how a qualifier can actually quit, when you shouldn’t expect a waiver and why keeping up with changes in contractor law are critical…

Q: Can a Responsible Managing Officer (RMO) disassociate from a corporation for which he qualifies if the license status of the corporation is “suspended” for any reason? Or does the RMO need to wait until the suspension status has been lifted/resolved in order to disassociate?

A: A qualifier can disassociate from a license at any time regardless of the license status. Keep in mind the disassociation doesn’t necessarily “clear” an RMO of all things which may have been left unsatisfied in association with the suspension. Depending on the reason for the suspension, there may still be some “explaining to do” if the RMO wants to move on to another license, but there is nothing stopping them from disassociating.

Q: If I have worked for a General Contractor for the past 15 years and I have him sign a notarized letter stating that I have been basically running all of the Company’s projects for my tenure with him, am I able to get my own license without having to take the exams?

A: There are certain circumstances in which you can qualify for a waiver of the exams but the situation you described would not qualify you for a waiver. If your intention is to replace the qualifier on the license that you have been working for, then yes, you would qualify for a waiver. However, it is unlikely you would be able get a waiver when applying straight away for your own license.

Q: I have a license that has “B” (General Building) and a “C-20” (HVAC) classifications on it. I received a notice stating the license was going to be suspended for failure to provide proof of Worker’s Compensation insurance. I don’t have employees and I don’t even really use the license. I work for another company, but I keep my license on the back burner so to speak. What are my options here to address the situation?

A: All “C-20” license holders are now required to carry Worker’s Comp insurance whether they have employees or not. Therefore, you have three options here: 1) Inactivate the license since you aren’t using it anyway, 2) Remove the “C-20” from the license which would allow you to keep it Active and exempt from Worker’s Comp, or 3) Obtain Worker’s Compensation Insurance which allows you to keep the license active and keep the HVAC.