§ 150.512. Qualifying agents; responsibilities.

(1)

A qualifying agent is a primary qualifying agent unless he is a secondary qualifying agent under this section. All primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations or the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job.

(2)

One (1) of the qualifying agents for a business organization that has more than one (1) qualifying agent may be designated as the sole primary qualifying agent for the business organization by a joint agreement that is executed by all qualifying agents for the business organization. The joint agreement must be submitted to the board for approval. If the board determines that the joint agreement is in good order, it shall approve the designation and immediately notify the qualifying agents of such approval. The designation made by the joint agreement is effective upon receipt of the notice by the qualifying agents. The qualifying agent designated for a business organization by joint agreement is the sole primary qualifying agent for the business organization, and all other qualifying agents for the business organization are secondary qualifying agents.

(a)

A designated sole primary qualifying agent has all the responsibilities and duties of a primary qualifying agent, notwithstanding that there are secondary qualifying agents per specified jobs. The designated sole primary agent is jointly and equally responsible with the secondary qualifying for field supervision.

(b)

A secondary qualifying agent is only responsible for: the supervision of field work at sites where his license was used to obtain the building permits; and any other work for which he accepts responsibility. A secondary qualifying agent is not responsible for supervision of financial matters.

(c)

A qualifying agent who has been designated by a joint agreement as the sole primary qualifying agent for a business organization may terminate his status as such as giving actual notice to the business organization, to the board, and to all secondary qualifying agents of his intention to terminate his status. His notice to the board must include proof satisfactory to the board that he has given the notice required in this subsection (c). The status of the qualifying agent shall cease upon the designation of a new primary qualifying agent or sixty (60) days after satisfactory notice of termination has been provided to the board, whichever first occurs. If no new primary qualifying agent has been designated within sixty (60) days, all secondary qualifying agents for the business organization shall become primary qualifying agent unless the joint agreement specifies that one (1) or more of them shall become sole qualifying agents under such circumstances, in which case they shall become sole qualifying agents.

(d)

Any change in the status of a qualifying agent is prospective only. A qualifying agent is not responsible for his predecessor's actions but is responsible, even after a change in status, for matters of which he was responsible while in a particular status.

(Ord. 90-43, passed 5-14-90)