43-07-04. License - How obtained - Failure to grant - Revocation for not in good
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/nd/title-43/chapter-43-07-contractors/43-07-04·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
standing.
1. To obtain a license under this chapter, an applicant who is eighteen years of age or
older shall submit, on forms the registrar prescribes, an application under oath
containing a statement of the applicant's experience and qualifications as a contractor.
A copy of a certificate of liability insurance must be filed with the application and the
contractor shall submit a statement from North Dakota workforce safety and insurance
that the contractor has secured workforce safety and insurance coverage satisfactory
to workforce safety and insurance. If the registrar deems it appropriate or necessary,
the registrar may also require any other information to assist the registrar in
determining the applicant's eligibility to act in the capacity of a contractor, including, at
the expense of the applicant, criminal history record information of the applicant or the
officers, members, or partners of the applicant which is held or maintained by the
bureau of criminal investigation or a similar entity in another state. The application
must contain a statement that the applicant desires the issuance of a license under
this chapter and must specify the class of license sought.
2. The registrar may refuse to grant a license if the registrar determines the application
contains incomplete information, or the applicant fails or refuses to authorize or pay for
criminal history information requested by the registrar. The registrar shall notify the
applicant in writing if the registrar does not grant the license and shall provide the
applicant an opportunity to respond to or cure the defect in the application for a period
of ten days from the date of the written notification. An applicant aggrieved by a
decision of the registrar not to grant the license may appeal the decision to the district
court of the applicant's county of residence or Burleigh County.
3. No sooner than twenty days after sending written notice to a contractor at the
contractor's last-known address, the registrar shall classify as not in good standing the
license of any contractor who fails to:
a. Maintain liability insurance coverage required by this section or by section
43-07-10;
b. File, renew, or properly amend any fictitious name certificate required by
chapter 45-11;
c. Maintain an active status of a corporation or registration as a foreign corporation;
d. Maintain an active status of a limited liability company or registration as a foreign
limited liability company;
e. File or renew a trade name registration as required by chapter 47-25;
f. Maintain a limited liability partnership registration or foreign limited liability
partnership registration as required by chapter 45-22; or
g. Maintain a limited partnership certificate of limited partnership or foreign limited
partnership certificate of authority.
4. Any contractor who has been notified by the registrar that the contractor's license is
not in good standing shall cease soliciting or entering new contract projects. If the
contractor fails to correct the deficiency specified in the notice by evidence satisfactory
to the registrar within thirty days of the date of the notice or if the contractor solicits or
enters new contract projects while the contractor's license is not in good standing, the
registrar shall use the procedures of chapter 28-32 to revoke the license of the
contractor.