2006 Minnesota Statutes

326.89 APPLICATION AND EXAMINATION.
    Subdivision 1. Form. An applicant for a license under sections 326.83 to 326.98 must
submit an application to the commissioner, under oath, on a form prescribed by the commissioner.
Within 30 business days of receiving all required information, the commissioner must act on the
license request. If one of the categories in the application does not apply, the applicant must state
the reason. The commissioner may refuse to issue a license if the application is not complete or
contains unsatisfactory information.
    Subd. 2. Contents. The application must include the following information regarding the
applicant:
(1) Minnesota workers' compensation insurance certificate;
(2) employment insurance account number;
(3) certificate of liability insurance;
(4) type of license requested;
(5) name and address of the applicant:
(i) name and address of the applicant's qualifying person, if other than applicant; and
(ii) if the applicant is a sole proprietorship, the name and address of the sole proprietor; if
the applicant is a partnership, the name and address of each partner; if the applicant is a limited
liability company, the name and address of each governor and manager; if the applicant is a
corporation, the name and address of each of the corporate officers, directors, and all shareholders
holding more than ten percent of the outstanding stock in the corporation;
(6) whether the applicant, any employee, or qualifying person has ever been licensed in this
or any other state and has had a professional or vocational license refused, suspended, or revoked,
or has been the subject of any administrative action;
(7) whether the applicant, qualifying person, or any of the applicant's corporate or partnership
directors, limited liability company governors, officers, limited or general partners, managers, all
shareholders holding more than ten percent of the share of the corporation that have been issued,
or all members holding more than ten percent of the voting power of the membership interests
that have been issued, has been convicted of a crime that either related directly to the business for
which the license is sought or involved fraud, misrepresentation, or misuse of funds; has suffered
a judgment in a civil action involving fraud, misrepresentation, negligence, or breach of contract,
or conversion within the ten years prior to the submission of the application; or has had any
government license or permit suspended or revoked as a result of an action brought by a federal,
state, or local governmental unit or agency in this or any other state;
(8) the applicant's and qualifying person's business history for the past five years and whether
the applicant, any employee, or qualifying person has ever filed for bankruptcy or protection from
creditors or has any unsatisfied judgments against the applicant, employee, or qualifying person;
(9) where the applicant is a firm, partnership, sole proprietorship, limited liability company,
corporation, or association, whether there has been a sale or transfer of the business or other
change in ownership, control, or name in the last five years and the details thereof, and the
names and addresses of all prior, predecessor, subsidiary, affiliated, parent, or related entities,
and whether each such entity, or its owners, officers, directors, members or shareholders holding
more than ten percent of the stock, or an employee has ever taken or been subject to an action
that is subject to clause (6), (7), or (8) in the last ten years; and
(10) whether the qualifying person is the qualifying person for more than one licensee.
For purposes of this subdivision, "applicant" includes employees who exercise management
or policy control over the residential contracting and remodeling activities in the state of
Minnesota, including affiliates, partners, directors, governors, officers, limited or general partners,
managers, all shareholders holding more than ten percent of the shares that have been issued, a
shareholder holding more than ten percent of the voting power of the shares that have been issued,
or all members holding more than ten percent of the membership interests that have been issued
or more than ten percent of the voting power of the membership interests that have been issued.
The commissioner may require further information as the commissioner deems appropriate
to administer the provisions and further the purposes of this chapter.
    Subd. 3. Examination. (a) Each qualifying person must satisfactorily complete a written
examination for the type of license requested. The commissioner may establish the examination
qualifications, including related education experience and education, the examination procedure,
and the examination for each licensing group. The examination must include at a minimum
the following areas:
(1) appropriate knowledge of technical terms commonly used and the knowledge of
reference materials and code books to be used for technical information; and
(2) understanding of the general principles of business management and other pertinent
state laws.
(b) Each examination must be designed for the specified type of license requested. The
council shall advise the commissioner on the grading, monitoring, and updating of examinations.
(c) A person's passing examination results expire two years from the examination date. A
person who passes the examination but does not choose to apply to act as a qualifying person for a
licensee within two years from the examination date, must, upon application provide:
(1) passing examination results within two years from the date of application; or
(2) proof that the person has fulfilled the continuing education requirements in section
326.87 in the manner required for a qualifying person of a licensee for each license period after
the expiration of the examination results.
    Subd. 3a.[Repealed, 1999 c 137 s 11]
    Subd. 4. Competency skills. The commissioner shall, in consultation with the council,
determine the competency skills and installation knowledge required for the licensing of specialty
contractors.
    Subd. 5. Exemption. A general retailer whose primary business is not being a residential
building contractor, remodeler, or specialty contractor and who has completed a comparable
license examination in another state is exempt from subdivisions 3 and 4 and sections 326.87
and 326.88.
    Subd. 6. Additional licensing requirements. As an alternative to denying an application
for licensure pursuant to section 326.91, subdivision 1, the commissioner may, as a condition
of licensure and based upon information received pursuant to section 326.89, subdivision 2,
clauses (6) to (8), or a finding pursuant to section 326.91, subdivision 1, clauses (1) to (9), impose
additional insurance, bonding, reporting, record keeping, and other requirements on the applicant
as are reasonable to protect the public.
History: 1991 c 306 s 13; 1993 c 245 s 21-24; 1999 c 137 s 7