Business & LicensingQuestion 1367 of 1632

A Responsible Managing Employee (RME) qualifying a license must meet which key employment condition?

a.Own at least 20 percent of the firm's voting stock
b.Be available by phone during the firm's operating hours
c.Be a bona fide employee actively engaged 32 hours weekly
d.Be an independent contractor retained on a per-project basis

Explanation

16 CCR §823, implementing B&P §7068, requires an RME to be a permanent, bona fide employee actively engaged at least 32 hours per week or 80 percent of the hours the business operates, whichever is less. (a) moves an ownership figure into the wrong rule: 20 percent is the §7068.1 common-ownership threshold that lets one person qualify more than one firm, and it is an RMO question in any event — an RME is an employee, not an owner. (b) is the 'rental qualifier' the statute exists to stop; being reachable is not active engagement. (d) fails on its face, because an independent contractor is by definition not an employee of the firm.

Law Reference: B&P Code §7068 / 16 CCR §823

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