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House File 2208

Partial Bill History

Bill Text

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  1  1    Section 1.  NEW SECTION.  104C.1  SHORT TITLE.
  1  2    This chapter may be cited as the "Iowa Construction
  1  3 Contractor Certification Act".
  1  4    Sec. 2.  NEW SECTION.  104C.2  DEFINITIONS.
  1  5    For the purpose of this chapter, unless the context
  1  6 otherwise requires:
  1  7    1.  "Construction contractor" means a person who engages in
  1  8 the construction, repair, replacement, remodeling, alteration,
  1  9 conversion, or rehabilitation of a single-family residence.
  1 10    2.  "Department" means the Iowa department of public
  1 11 health.
  1 12    3.  "Examining board" means the state construction
  1 13 contractor examining board as established in section 104C.17.
  1 14    4.  "Political subdivision" means a city or county, or any
  1 15 combination of cities or counties.
  1 16    Sec. 3.  NEW SECTION.  104C.3  CERTIFICATION REQUIRED.
  1 17    Except as provided in section 104C.4, a person shall not
  1 18 engage in the business of a construction contractor, unless at
  1 19 all times a certified construction contractor is employed by
  1 20 the person and is responsible for such design, installation,
  1 21 and repair work of the person.  An individual who performs
  1 22 such work as a sole proprietor must be a certified
  1 23 construction contractor.
  1 24    Sec. 4.  NEW SECTION.  104C.4  EXEMPTIONS FROM
  1 25 CERTIFICATION REQUIREMENT.
  1 26    The certification requirement of section 104C.3 does not
  1 27 apply to any of the following:
  1 28    An owner-occupant of an existing single dwelling house,
  1 29 with the assistance of any member of the owner-occupant's
  1 30 family and household, who personally performs any work in the
  1 31 house and who does both of the following:
  1 32    1.  Obtains any necessary permit for the work.
  1 33    2.  Has the completed project inspected by a certified
  1 34 inspector of the appropriate political subdivision.
  1 35    Sec. 5.  NEW SECTION.  104C.5  QUALIFICATIONS.
  2  1    An applicant for certification is not ineligible because of
  2  2 age, citizenship, sex, race, religion, marital status, or
  2  3 national origin, although the application form may require
  2  4 citizenship information.  The examining board may consider the
  2  5 applicant's criminal record if the applicant has been
  2  6 convicted of any felony which relates directly to the practice
  2  7 of construction contracting.  Character references may be
  2  8 required as part of the certification process, but shall not
  2  9 be obtained from a certified construction contractor.
  2 10    Sec. 6.  NEW SECTION.  104C.6  FORM OF CERTIFICATION –
  2 11 DISPLAY.
  2 12    1.  A certificate granted under this chapter shall be in
  2 13 the form of a certificate under the seal of the department,
  2 14 signed by the director of public health, and shall be issued
  2 15 in the name of the examining board.  The number of the book
  2 16 and page containing the entry of the certification in the
  2 17 office of the department shall be noted on the face of the
  2 18 certification.  Additionally, the department shall issue to
  2 19 each person certified under this chapter an identification
  2 20 card which includes a photograph of the certificate holder,
  2 21 designates the certificates held by the person, and sets forth
  2 22 the expiration dates of such certificates.
  2 23    2.  A person certified under this chapter as a construction
  2 24 contractor shall keep the certificate publicly displayed at
  2 25 the person's principal place of business.  An identification
  2 26 card issued pursuant to this section must be in the possession
  2 27 of the individual at all times that the individual is
  2 28 performing work pursuant to the certificate.
  2 29    Sec. 7.  NEW SECTION.  104C.7  RECORD OF CERTIFICATES.
  2 30    The name, location, number of years of practice of the
  2 31 person to whom the certificate has been issued, the number of
  2 32 the certificate, and the date of registration of the
  2 33 certificate shall be recorded and kept in the office of the
  2 34 department to be known as the construction contractor
  2 35 registry, which shall be open to public inspection.
  3  1    Sec. 8.  NEW SECTION.  104C.8  CHANGE OF RESIDENCE.
  3  2    A person certified to practice as a construction contractor
  3  3 under this chapter who changes the person's residence or place
  3  4 of business shall notify the department and local
  3  5 certification jurisdiction of the change.
  3  6    Sec. 9.  NEW SECTION.  104C.9  CERTIFICATION EXAM.
  3  7    1.  In order to be certified by the department as a
  3  8 certified construction contractor, a person shall do both of
  3  9 the following:
  3 10    a.  File an application form and pay an application fee as
  3 11 established by the examining board, which application must
  3 12 establish that the person meets the minimum requirements
  3 13 adopted by the examining board.
  3 14    b.  Pass the state construction contractor written
  3 15 examination given by the examining board.
  3 16    2.  Notwithstanding subsection 1, the examining board may
  3 17 waive the written examination requirement if either of the
  3 18 following apply:
  3 19    a.  The applicant has previously passed a written
  3 20 examination which the examining board deems to be
  3 21 substantially similar to the certification examination
  3 22 otherwise required by the examining board to obtain the
  3 23 subject certificate.
  3 24    b.  The applicant can demonstrate to the satisfaction of
  3 25 the examining board that the applicant has five or more years
  3 26 of experience, prior to the effective date of this Act, in the
  3 27 construction contractor business, which experience must be of
  3 28 a nature which the examining board deems to be sufficient to
  3 29 demonstrate continuous professional competency consistent with
  3 30 that expected of an individual who passes the applicable
  3 31 certification examination which the applicant would otherwise
  3 32 be required to pass.
  3 33    Sec. 10.  NEW SECTION.  104C.10  INSURANCE REQUIREMENTS.
  3 34    1.  A construction contractor with a certificate, or a
  3 35 renewal of such certificate, shall furnish proof of financial
  4  1 responsibility by showing the existence of a liability
  4  2 insurance policy, including products liability, providing
  4  3 coverage in an amount of not less than five hundred thousand
  4  4 dollars.
  4  5    2.  If the applicant is engaged in construction contracting
  4  6 work individually through a sole proprietorship, the applicant
  4  7 shall personally obtain the insurance required by this
  4  8 section.  If the applicant is otherwise engaged in the
  4  9 construction contracting business, the applicant shall provide
  4 10 proof of insurance coverage by the business.
  4 11    3.  The insurance shall be written by an insurer authorized
  4 12 to engage in the business of insurance in this state and each
  4 13 certified construction contractor shall maintain on file with
  4 14 the department a certificate evidencing the insurance
  4 15 providing that the insurance shall not be canceled without the
  4 16 insurer first giving fifteen days written notice to the
  4 17 department.
  4 18    4.  The requirements of this section do not apply to an
  4 19 individual or a construction contractor with a certificate
  4 20 provided that the individual or construction contractor does
  4 21 not engage in or contract for any construction work, except
  4 22 work performed as a certified inspector for a political
  4 23 subdivision.
  4 24    Sec. 11.  NEW SECTION.  104C.11  RENEWAL OF CERTIFICATES.
  4 25    1.  A certificate issued under this chapter expires two
  4 26 years from the date issued.
  4 27    2.  A certificate issued under this chapter may be renewed
  4 28 as determined by the examining board upon application by the
  4 29 certificate holder, without examination.  Application for
  4 30 renewal shall be made in writing to the department accompanied
  4 31 by the required renewal certification fee at least thirty days
  4 32 prior to the expiration date of the certificate.
  4 33    3.  The latest renewal certificate shall be displayed in
  4 34 connection with the original certificate.
  4 35    4.  The department shall notify each certificate holder by
  5  1 mail prior to the expiration of a certificate.
  5  2    5.  An inspector currently employed by a political
  5  3 subdivision shall receive a certificate, and any renewal
  5  4 certificates, at no charge during the time of the inspector's
  5  5 employment with the political subdivision.
  5  6    6.  A certificate holder who allows a certificate to lapse
  5  7 for a period of one month or less, may reinstate and renew the
  5  8 certificate without examination in accordance with
  5  9 requirements adopted by the examining board and upon payment
  5 10 of the renewal and reinstatement fees due.
  5 11    7.  A certificate holder who allows a certificate to lapse
  5 12 by a period of time greater than one month is required to
  5 13 retake and pass the applicable certification examination in
  5 14 order to obtain reinstatement and renewal of the person's
  5 15 certificate.
  5 16    Sec. 12.  NEW SECTION.  104C.12  RECIPROCAL CERTIFICATION.
  5 17    The department may certify without examination nonresident
  5 18 applicants who are certified under a construction contractor
  5 19 certification statute of another state having similar
  5 20 certification requirements as those set forth in this chapter
  5 21 and the rules adopted pursuant to this chapter if the other
  5 22 state grants the same reciprocal certification privileges to
  5 23 residents of Iowa who have obtained a certificate under this
  5 24 chapter.
  5 25    Sec. 13.  NEW SECTION.  104C.13  GROUNDS FOR CERTIFICATE
  5 26 REVOCATION, SUSPENSION, OR DENIAL.
  5 27    A certificate to practice as a construction contractor may
  5 28 be revoked, suspended, or denied by the examining board, or a
  5 29 certificate holder may be otherwise disciplined in accordance
  5 30 with this chapter, if the certificate holder is guilty of any
  5 31 of the following:
  5 32    1.  Fraud in procuring a certificate.
  5 33    2.  Professional incompetency.
  5 34    3.  Knowingly making misleading, deceptive, untrue, or
  5 35 fraudulent misrepresentations in the practice of the
  6  1 profession or engaging in unethical conduct or practice
  6  2 harmful or detrimental to the public, whether or not any
  6  3 injury results.
  6  4    4.  Conviction of a felony related to the profession of the
  6  5 certificate holder or the conviction of any felony that would
  6  6 affect the certificate holder's ability to practice within the
  6  7 profession.  A copy of the record of conviction or plea of
  6  8 guilty is conclusive evidence of such conviction.
  6  9    5.  Fraud in representations as to skill and ability.
  6 10    6.  Use of untruthful or improbable statements in
  6 11 advertisements.
  6 12    7.  Willful or repeated violations of this chapter.
  6 13    8.  Aiding and abetting a person who is not certified
  6 14 pursuant to this chapter in that person's pursuit of an
  6 15 unauthorized or uncertified practice.
  6 16    9.  Any other such grounds or reasons as established by
  6 17 rule adopted by the examining board.
  6 18    Sec. 14.  NEW SECTION.  104C.14  JURISDICTION OF REVOCATION
  6 19 AND SUSPENSION PROCEEDINGS.
  6 20    The examining board shall have exclusive jurisdiction of
  6 21 all proceedings to revoke or suspend a certificate issued
  6 22 pursuant to this chapter.  The examining board may initiate
  6 23 proceedings under this chapter either on its own motion or on
  6 24 the complaint of any person.  Before scheduling a hearing, the
  6 25 examining board may request the department to conduct an
  6 26 investigation into the charges to be addressed at the
  6 27 examining board hearing.  The department shall report its
  6 28 findings to the examining board.
  6 29    Sec. 15.  NEW SECTION.  104C.15  NOTICE – DEFAULT –
  6 30 HEARING.
  6 31    1.  The examining board shall provide for notice and
  6 32 hearing pursuant to chapter 17A.
  6 33    2.  If, after having been served with the notice of
  6 34 hearing, the certificate holder fails to appear at the hearing
  6 35 and defend, the examining board may proceed to hear evidence
  7  1 against the certificate holder and may enter such order as is
  7  2 justified by the evidence.
  7  3    3.  A decision of the examining board shall be by a
  7  4 majority vote of its members.  The decision of the examining
  7  5 board shall be entered of record and, if the decision involves
  7  6 the revocation or suspension of a certificate, the certificate
  7  7 holder shall not engage in the practice of construction
  7  8 contracting after the certificate is revoked or during the
  7  9 time for which it is suspended.
  7 10    4.  Judicial review of the board's action may be sought in
  7 11 accordance with chapter 17A.
  7 12    Sec. 16.  NEW SECTION.  104C.16  ADVERTISING.
  7 13    1.  A person shall not advertise or hold oneself out to the
  7 14 public as a certified construction contractor unless such
  7 15 person is certified pursuant to this chapter.
  7 16    2.  All advertisements distributed within this state by a
  7 17 person who is engaged in the business of construction
  7 18 contracting must include the listing of at least one
  7 19 construction contractor certificate number, as applicable.  A
  7 20 certified construction contractor shall not allow the use of
  7 21 such certificate number in connection with the advertising of
  7 22 more than one person engaged in the business of construction
  7 23 contracting.
  7 24    3.  A person who engages in the business of construction
  7 25 contracting must display at least one certificate number, as
  7 26 applicable, on all of the person's motor vehicles.
  7 27    4.  A person who falsely claims to be a certified
  7 28 construction contractor pursuant to this chapter, either in
  7 29 writing or in other communications, is guilty of a simple
  7 30 misdemeanor.
  7 31    5.  A person who falsely lists a construction contractor
  7 32 certificate number in connection with that person's
  7 33 advertising, or falsely displays a certificate number on that
  7 34 person's service vehicles is guilty of a simple misdemeanor.
  7 35 In order to be entitled to use a certificate number of a
  8  1 certified construction contractor, the professional must be
  8  2 employed by the person in whose name the business of
  8  3 construction contracting is being conducted.
  8  4    Sec. 17.  NEW SECTION.  104C.17  STATE EXAMINING BOARD.
  8  5    1.  A state construction contractor examining board is
  8  6 created for the purpose of giving examinations to applicants
  8  7 for construction contractor certification and for the other
  8  8 purposes set forth in this chapter.  Members of the examining
  8  9 board shall be appointed by the governor, subject to
  8 10 confirmation by the senate, and shall be representative of all
  8 11 areas of the state.
  8 12    2.  The examining board shall consist of voting members as
  8 13 follows:
  8 14    a.  The director of public health or the director's
  8 15 designee.
  8 16    b.  Two public members who do not possess certificates
  8 17 issued under this chapter and who represent the general
  8 18 public.
  8 19    c.  Three public members who are certified construction
  8 20 contractors.
  8 21    d.  An architect registered pursuant to chapter 544A or a
  8 22 professional engineer registered pursuant to chapter 542B.
  8 23    3.  Members shall serve three-year staggered terms as
  8 24 designated by the governor consistent with this section and
  8 25 appointments to the board are subject to the requirements of
  8 26 sections 69.16, 69.16A, and 69.19.  A member of the examining
  8 27 board shall serve no more than three full terms, or nine
  8 28 years.
  8 29    4.  A quorum shall consist of a majority of the members of
  8 30 the examining board.
  8 31    5.  Any vacancy in the membership of the examining board
  8 32 shall be filled in the same manner as provided for other
  8 33 appointments.
  8 34    6.  Members shall elect a chairperson and vice chairperson
  8 35 annually and other officers as they determine.
  9  1    7.  Members of the examining board shall receive a per diem
  9  2 as specified in section 7E.6 for each day spent in performance
  9  3 of duties as members and shall be reimbursed for all actual
  9  4 and necessary expenses incurred in the performance of duties
  9  5 as members.
  9  6    8.  If a person who has been appointed by the governor to
  9  7 serve on the examining board has ever been disciplined in a
  9  8 contested case by the examining board, all examining board
  9  9 complaints and statements of charges, settlement agreements,
  9 10 findings of fact, and orders pertaining to the disciplinary
  9 11 action shall be made available to the senate committee to
  9 12 which the appointment is referred at the committee's request
  9 13 before confirmation by the senate.
  9 14    Sec. 18.  NEW SECTION.  104C.18  EXAMINATION INFORMATION.
  9 15    1.  The public members of the examining board shall be
  9 16 allowed to participate in administrative, clerical, and
  9 17 ministerial functions incident to giving examinations, but
  9 18 shall not participate in the examining board's determination
  9 19 of the contents of the examinations or the correctness of
  9 20 answers to the examinations.  A member of the examining board
  9 21 shall not disclose information relating to any of the
  9 22 following:
  9 23    a.  Criminal history or prior misconduct of an applicant.
  9 24    b.  Information relating to the contents of an examination.
  9 25    c.  Information relating to an examination result other
  9 26 than final score except for information about the results of
  9 27 an examination which is given to the person who took the
  9 28 examination.
  9 29    2.  A member of the examining board who willfully
  9 30 communicates, or seeks to communicate, such information to any
  9 31 person who willfully requests, obtains, or seeks to obtain
  9 32 such information, is guilty of a simple misdemeanor.
  9 33    Sec. 19.  NEW SECTION.  104C.19  BOARD ATTACHED TO
  9 34 DEPARTMENT.
  9 35    The examining board shall be attached to the department for
 10  1 administrative purposes.
 10  2    Sec. 20.  NEW SECTION.  104C.20  GENERAL DUTIES OF
 10  3 EXAMINING BOARD.
 10  4    1.  The examining board shall adopt rules pursuant to
 10  5 chapter 17A necessary to carry out the certification and other
 10  6 provisions of this chapter.
 10  7    2.  The examining board is responsible for hearing any
 10  8 appeals brought pursuant to a decision made by a political
 10  9 subdivision inspector.  All certificate holders shall have an
 10 10 automatic right of appeal to the examining board with respect
 10 11 to any adverse decision rendered against the certified
 10 12 professional by a political subdivision.
 10 13    Sec. 21.  NEW SECTION.  104C.21  APPLICATIONS FOR
 10 14 EXAMINATIONS.
 10 15    A person desiring to take an examination for a certificate
 10 16 issued pursuant to this chapter shall make application to the
 10 17 examining board at least fifteen days before the examination,
 10 18 on a form provided by the examining board.  The application
 10 19 shall be accompanied by the examination fee and such documents
 10 20 and affidavits as are necessary to show the eligibility of the
 10 21 candidate to take the examination.  All applications shall be
 10 22 in accordance with the rules of the examining board and shall
 10 23 be signed by the applicant.
 10 24    Sec. 22.  NEW SECTION.  104C.22  EXAMINATIONS.
 10 25    Examinations for a certificate issued pursuant to this
 10 26 chapter shall be conducted at least two times per year at such
 10 27 times and locations as the examining board may fix.  An
 10 28 applicant who fails to pass an examination shall be allowed to
 10 29 retake the examination at the next scheduled time.  An
 10 30 applicant who has failed an examination may request in writing
 10 31 information from the examining board concerning the
 10 32 examination grade and subject areas or questions where the
 10 33 applicant failed to answer correctly, except that if the
 10 34 examining board administers a uniform, standardized
 10 35 examination, the examining board shall only be required to
 11  1 provide the examination grade and such other information
 11  2 concerning the applicant's examination results which are
 11  3 available to the examining board.
 11  4    Sec. 23.  NEW SECTION.  104C.23  EXAMINATION RULES.
 11  5    The examining board shall adopt rules relating to an
 11  6 examination offered pursuant to section 104C.22 as follows:
 11  7    1.  The qualifications of an applicant seeking to take an
 11  8 examination, which qualifications shall include a requirement
 11  9 that all applicants who are contractors must be required to
 11 10 show their state contractor registration number as a condition
 11 11 precedent for qualifying to take an examination.
 11 12    2.  The denial of an applicant seeking to take an
 11 13 examination.
 11 14    3.  The offering of an examination.  The examining board
 11 15 shall provide that a political subdivision, pursuant to the
 11 16 board's rules, may offer an examination for individuals
 11 17 seeking to be certified under this chapter.
 11 18    4.  The grading of an examination and passing upon the
 11 19 technical qualifications of an applicant, as shown by the
 11 20 examination.
 11 21    5.  The minimum score required for passing the standardized
 11 22 examination, which shall in no case be less than seventy-five
 11 23 percent.
 11 24    Sec. 24.  NEW SECTION.  104C.24  CERTIFICATION OF
 11 25 APPLICANTS.
 11 26    Every examination shall be passed upon in accordance with
 11 27 the established rules of the examining board.  After each
 11 28 examination, the examining board shall certify the names of
 11 29 the successful applicants to the department in the manner
 11 30 prescribed by the examining board.  The department shall then
 11 31 issue the proper certificate and record the certificate
 11 32 pursuant to section 104C.7.
 11 33    Sec. 25.  NEW SECTION.  104C.25  FEES.
 11 34    1.  The examining board shall set the fees for the
 11 35 examination of all applicants, which fees shall be based upon
 12  1 the cost of administering the examinations.
 12  2    2.  The examining board shall set the certification fees
 12  3 and renewal fees for all certificates issued pursuant to this
 12  4 chapter based upon the costs of sustaining the examining board
 12  5 and the actual costs of certification.
 12  6    3.  All fees adopted by the examining board shall be paid
 12  7 to the treasurer of state and shall be deposited into a
 12  8 separate fund within the state treasury under the control of
 12  9 the examining board.  Moneys in the fund are appropriated to
 12 10 and shall be used by the examining board to fund the
 12 11 activities and operations of the examining board.
 12 12    4.  This chapter does not prohibit the state or any of its
 12 13 political subdivisions from charging construction permit fees
 12 14 or inspection fees related to work performed by certified
 12 15 construction contractors.
 12 16    Sec. 26.  NEW SECTION.  104C.26  INJUNCTION.
 12 17    A person engaging in any business or in the practice of
 12 18 construction contracting for which a certificate is required
 12 19 by this chapter without such certificate may be restrained by
 12 20 permanent injunction.
 12 21    Sec. 27.  NEW SECTION.  104C.27  PENALTIES.
 12 22    1.  A person violating any provision of this chapter, where
 12 23 a specific penalty is not otherwise provided, is guilty of a
 12 24 serious misdemeanor.
 12 25    2.  A person who files or attempts to file with the
 12 26 department or examining board any false or forged diploma, or
 12 27 certificate or affidavit of identification or qualification,
 12 28 is guilty of a fraudulent practice.
 12 29    3.  A person who presents to the department a diploma or
 12 30 certificate of which the person is not the rightful owner, for
 12 31 the purpose of procuring a certificate pursuant to this
 12 32 chapter, or who falsely impersonates anyone to whom a
 12 33 certificate has been issued by the department is guilty of a
 12 34 serious misdemeanor.
 12 35    Sec. 28.  NEW SECTION.  104C.28  ENFORCEMENT.
 13  1    The department shall enforce this chapter and may request
 13  2 the department of inspections and appeals to make necessary
 13  3 investigations.  Every certificate holder and member of the
 13  4 examining board shall furnish the department or the department
 13  5 of inspections and appeals such evidence as the member or
 13  6 certificate holder may possess relative to any alleged
 13  7 violation which is being investigated.
 13  8    Sec. 29.  NEW SECTION.  104C.29  REPORT OF VIOLATORS.
 13  9    Every certificate holder and every member of the examining
 13 10 board shall report to the department the name of every person
 13 11 who is engaged in construction contracting without a
 13 12 certificate issued pursuant to this chapter pursuant to the
 13 13 knowledge or reasonable belief of the person making the
 13 14 report.
 13 15    Sec. 30.  NEW SECTION.  104C.30  ENFORCEMENT BY ATTORNEY
 13 16 GENERAL AND COUNTY ATTORNEY.
 13 17    Upon request of the department, the attorney general may
 13 18 institute proper proceedings against any person charged by the
 13 19 department with violating this chapter and the county attorney
 13 20 of the county in which such action is brought shall, at the
 13 21 request of the attorney general, appear and prosecute such
 13 22 action.  
 13 23                           EXPLANATION
 13 24    This bill creates a new chapter 104C related to the
 13 25 certification of construction contractors.
 13 26    Section 104C.1 establishes the title of the new chapter as
 13 27 the "Iowa Construction Contractor Certification Act".
 13 28    Section 104C.2 sets forth the definition of key terms used
 13 29 in the chapter.
 13 30    Section 104C.3 provides generally that a person shall not
 13 31 engage in the business of construction contracting unless the
 13 32 person is certified or employs a person who is certified
 13 33 pursuant to this chapter.
 13 34    Section 104C.4 establishes exemptions to the certification
 13 35 requirement contained in section 104C.3.
 14  1    Section 104C.5 provides that the examining board may
 14  2 consider an applicant's criminal records and may require
 14  3 character references as part of the certification process.
 14  4    Section 104C.6 provides that the certificate granted under
 14  5 the chapter is to be in the form of a certificate under the
 14  6 seal of the department of public health.
 14  7    Section 104C.7 provides that the department is to maintain
 14  8 a book of certificates issued indicating the name, location,
 14  9 number of years of practice of the person to whom the
 14 10 certificate is issued, the number of the certificate, and the
 14 11 date of registration of the certificate.
 14 12    Section 104C.8 provides that a person certified under this
 14 13 chapter is to notify the department of a change of residence
 14 14 or place of business.
 14 15    Section 104C.10 provides that a person engaged in
 14 16 construction contracting must maintain proof of financial
 14 17 responsibility in an amount of not less than $500,000.
 14 18    Section 104C.11 establishes a procedure for the renewal of
 14 19 a certificate.
 14 20    Section 104C.12 provides that a nonresident applicant may
 14 21 be certified without examination if the person is certified
 14 22 under a similar statute in the person's state of residence,
 14 23 and the other state would grant the same privilege to an Iowa
 14 24 resident.
 14 25    Section 104C.13 sets forth the grounds upon which a
 14 26 certificate may be revoked, suspended, or denied.
 14 27    Section 104C.14 provides that the examining board has
 14 28 exclusive jurisdiction of a proceeding to revoke or suspend a
 14 29 certificate issued pursuant to this chapter.
 14 30    Section 104C.15 establishes the procedure for a hearing
 14 31 conducted by the examining board.
 14 32    Section 104C.16 sets forth requirements for advertisements
 14 33 by a person engaged in the business of construction
 14 34 contracting.
 14 35    Section 104C.17 creates the state construction contractor
 15  1 examining board.
 15  2    Section 104C.18 provides that the public members of the
 15  3 examining board are to be allowed to participate in
 15  4 administrative, clerical, and ministerial functions incident
 15  5 to giving the examinations, but are not to participate in the
 15  6 development or scoring of the examination.
 15  7    Section 104C.19 provides that the examining board is to be
 15  8 attached to the department of public health for administrative
 15  9 purposes.
 15 10    Section 104C.20 establishes the general duties of the
 15 11 examining board.
 15 12    Section 104C.21 provides that a person must make
 15 13 application to the examining board at least 15 days prior to
 15 14 the date the examination is to be given.
 15 15    Section 104C.22 provides that an examination must be
 15 16 conducted at least two times per year.
 15 17    Section 104C.23 provides that the examining board is to
 15 18 adopt rules relating to the offering of the exam including an
 15 19 applicant's qualifications, denial of an applicant, the
 15 20 offering of the exam, the grading of the exam, and the
 15 21 required minimum score.
 15 22    Section 104C.24 provides that the department is to issue a
 15 23 certificate to each successful applicant and record the
 15 24 issuance of the certificate.
 15 25    Section 104C.25 provides that the examining board is to set
 15 26 the fee for the examination of applicants, and the
 15 27 certification and renewal fees.
 15 28    Section 104C.26 provides that an injunction may be issued
 15 29 against an uncertificated person engaged in any business for
 15 30 which a certificate is required.
 15 31    Section 104C.27 establishes various penalties for a person
 15 32 violating a provision of the chapter.
 15 33    Section 104C.28 provides that the department of public
 15 34 health may request the department of inspections and appeals
 15 35 to make any necessary investigations.
 16  1    Section 104C.29 requires a certificate holder or a member
 16  2 of the examining board to report an uncertificated person
 16  3 engaged in any business for which a certificate is required
 16  4 under this chapter.
 16  5    Section 104C.30 provides that the attorney general may
 16  6 institute proceedings against a person violating a provision
 16  7 of this chapter.  
 16  8 LSB 3848HH 76
 16  9 mj/sc/14
     

Text: HF02207                           Text: HF02209
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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