1. (1) The capacity and material authority specified in Subsection 58-55-304(4) includes the following:

   1. (a) Except as allowed in Subsection (1)(b), the qualifier shall receive remuneration for work performed for the contractor licensee for not less than 12 hours of work per week.

      1. (i) If the qualifier is an owner of the business, the remuneration may be in the form of owner's profit distributions or dividends with a minimum ownership of 20% of the contractor licensee.
      2. (ii) If the qualifier is an officer or manager of the contractor licensee, the remuneration shall be in the form of W-2 wages.
   2. (b) The 12 hour minimum in Subsection (1)(a) may be reduced if the total hours worked by the owners and employees is less than 50 hours per week, in which case the minimum may not be less than 20% of the total hours of work performed by all owners and employees of the contractor.

2. (2)(a) A qualifier may hold up to three specialty classifications described in Section R156-55a-301c, in addition to any classification under Subsections 58-55-301(h) through (k), and (q) through (w), except that an R101 qualifier may not have any other specialty classifications.

   1. (b) A qualifier may change classifications at any time by surrendering a classification, and by applying for any classification for which the qualifier is permitted by law.
   2. (c) A current qualifier may surrender or replace the qualifier's classifications as needed to comply with Subsection (2)(a) at the time of any renewal or reinstatement involving the qualifier.

3. (3) A qualifier may not act as the qualifier for more than three licensees at any one time, unless:

   1. (a) the qualifier demonstrates by sufficient evidence satisfactory to the Commission and the Division that the qualifier exercises material authority over the businesses; and
   2. (b) the Commission and the Division grant written approval.
4. (4) A qualifier for an H100 HVAC Contractor shall be a Certified H-100 Qualifier under Section R156-55a-302g, and may hold up to two additional licenses unless otherwise allowed to hold more licenses under Subsection R156-55a-304(3).

KEY: contractors, occupational licensing, licensing

Date of Last Change: March 30, 2026

Notice of Continuation: June 9, 2026

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55-102(39)(a)