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A subcontractor names one person as both its financially responsible officer and its primary qualifying agent. Is that permitted?

Correct Answer

D) No; a financially responsible officer may not be designated as the primary qualifying agent

Section 489.1195(1)(b): a financially responsible officer "shall be responsible for all financial aspects of the business organization and may not be designated as the primary qualifying agent." The two roles are kept apart deliberately, and (1)(c) keeps the primary qualifying agent responsible for all construction activities even where a financially responsible officer is in place.

Answer Options
A
Yes, provided the person holds a current certificate in the relevant classification for the work
B
No, unless the organization has fewer than ten employees
C
Yes, provided the board approves the dual role by joint agreement
D
No; a financially responsible officer may not be designated as the primary qualifying agent

Why This Is the Correct Answer

Section 489.1195(1)(b): a financially responsible officer "shall be responsible for all financial aspects of the business organization and may not be designated as the primary qualifying agent." The two roles are kept apart deliberately, and (1)(c) keeps the primary qualifying agent responsible for all construction activities even where a financially responsible officer is in place.

Why the Other Options Are Wrong

Option A: Yes, provided the person holds a current certificate in the relevant classification for the work

A current certificate does not lift the statutory bar.

Option B: No, unless the organization has fewer than ten employees

The bar has no exception by employee count.

Option C: Yes, provided the board approves the dual role by joint agreement

The statute provides no board approval for this dual role.

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