Reinstatement of Exemption

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  1. Except as provided in § 50-6-412(h)(2), a construction services provider whose exemption is revoked pursuant to § 50-6-908 may apply to reinstate such exemption in the same manner as provided for in this part for an initial application.
  2. A construction services provider whose exemption is revoked under § 50-6-908(b) may only be granted a reinstatement of exemption:
    1. Upon notification to the secretary of state from the board that such provider's license is no longer revoked or suspended;
    2. Upon notification from the department of labor and workforce development to the secretary of state that the provider qualified for reinstatement pursuant to § 50-6-412(g); and
    3. If the secretary of state determines that the provider meets the requirements for an exemption established pursuant to this part.
  3. Upon verification by the secretary of state that the requirements of subsection (b) are met, the secretary of state shall file the application in accordance with § 50-6-905.
  1. The secretary of state is authorized to promulgate rules and regulations to effectuate the purposes of the act, which added this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; provided, that the secretary of state shall permit:
    1. Construction services providers not currently licensed by the board for licensing contractors, but who qualify for a construction services provider registration, to apply for a workers' compensation exemption on or after January 1, 2011; and
    2. Construction services providers licensed by the board for licensing contractors to apply for a workers' compensation exemption on or after February 1, 2011.
    3. Eligible for an exemption pursuant to § 50-6-914(b)(2), if such eligibility requirements apply, at the time of such injury.
  2. Any construction services provider proceeding as at common law pursuant to subsection (a) shall forego the right to sue to establish or reestablish workers' compensation coverage.


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