Labor Laws of North Carolina

Regulation of Private Personnel Services

(Excerpt from: http://www.ncga.state.nc.us/statutes/generalstatutes/html/bychapter/chapter_95.html)

North Carolina Department of Labor

Mailing Address: 1101 Mail Service Center, Raleigh, N.C. 27699-1101
(919) 807-2796 or 1-800-NCLABOR.

Physical  Address: 4 W. Edenton Street, Raleigh, N.C.

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Article 5.
  Regulation of Employment Agencies.
§§ 95-37 through 95-47.  Recodified as §§ 95-47.1 to
95-47.13.



Article 5A.
Regulation of Private Personnel Services.
§ 95-47.1.  Definitions.
  As used in this Article, unless the context clearly
requires otherwise:
(1)  "Accept" employment means to accept an employer's
offer of employment or to begin work for an
employer.
(2)  "Applicant," except where it refers to an applicant
for a private personnel services license, means any
person who uses or attempts to use the services of
a private personnel service in seeking employment.
(3)  "Commissioner" means the North Carolina
Commissioner of Labor or any person designated by
the Commissioner as the representative of the
Commissioner.
(4)  "Complaint" means a communication to the
Commissioner or department alleging facts that
could support issuance of a warning or citation
under G.S. 95-47.9.
(5)  "Contract" means any agreement between a private
personnel service and an applicant obligating the
applicant to pay a fee or any agreement subsequent
to such contract reducing the obligations of the
private personnel service to the applicant under
the contract.
(6)  "Employee" means a person performing work or
services of any kind or character for compensation.
(7)  "Employer" means a person employing or seeking to
employ a person for compensation, or any
representative or employee of such employer.
(8)  "Employment" means any service or engagement
rendered or undertaken for wages, salary,
commission, or other form of compensation.
(9)  "Fee" means anything of value, including money or
other valuable consideration or services or the
promise of any of the foregoing, required or
received by a private personnel service, in payment
for any of its services, or act rendered or to be
rendered by any private personnel service.
(10) "Interview" means a meeting between an employer and
an applicant to discuss potential employment.
(11) "Job order" means an oral or written communication
from an employer authorizing a private personnel
service to refer applicants for a position the
employer has available.
(12) "Licensee" means any person licensed by the
Commissioner to operate a private personnel
service.
(13) "Manager" of a private personnel service means the
person who is responsible for the operation of an
office of a private personnel service.
(14) "Owner" of a private personnel service means the
sole proprietor of a private personnel service
operated as a sole proprietorship; any partner in a
partnership that owns or operates a private
personnel service; any stockholder with a financial
interest greater than 10 percent (10%) in a
corporation that owns or operates a private
personnel service.
(15) "Person" means any individual, association,
partnership or corporation.
(16) "Private personnel service" means any business
operated in the State of North Carolina by any
person for profit which secures employment or by
any form of advertising holds itself out to
applicants as able to secure employment or to
provide information or service of any kind
purporting to promote, lead to or result in
employment for the applicant with any employer
other than itself, where any applicant may become
liable for the payment of a fee to the private
personnel service, either directly or indirectly.
"Private personnel service" does not include:
a.Any educational, religious, charitable,
  fraternal or benevolent organization which
  charges no fee for services rendered in
  securing employment or providing information
  about employment;
b.Any employment service operated by the State
  of North Carolina, the Government of the
  United States, or any city, county, or town,
  or any agency thereof;
c.Any temporary help service that at no time
  advertises or represents that its employee
  may, with the approval of the temporary help
  service, be employed by one of its client
  companies on a permanent basis and which does
  not act as a private personnel service or an
  employer fee paid personnel service;
d.Any newspaper of general circulation or other
  business engaged primarily in communicating
  information other than information about
  specific positions of employment and that does
  not purport to adapt the information provided
  to the needs or desires of an individual
  subscriber;
e.Employment offices that charge no fee to the
  applicant other than union dues or to the
  employer and which are used solely for the
  hiring of employees under a valid union
  contract by the employer subscribing to this
  contract;
f.Any employer fee paid personnel consulting
  service or temporary help service that offers
  temporary to permanent placement when the
  service operates on a one hundred percent
  (100%) employer fee paid service basis,
  requires no applicant placement contract, and
  has no recourse against an applicant for a fee
  under any circumstances.
(17) "Refer" an applicant means to submit resumes to an
employer, arrange interviews between an applicant
and an employer, or to provide an employer with the
name of an applicant. (1929, c. 178, ss. 1, 10;
1979, c. 780, s. 1; 1989, c. 414, s. 1.)


§ 95-47.2.  Licensing procedures.
  (a)No person shall open, keep, maintain, own, operate or
carry on a private personnel service unless the person has first
procured a license therefor as provided in this Article.
  (b) An application for license shall be made to the
Commissioner. If the private personnel service is owned by an
individual, the application shall be made by that individual; if
the service is owned by a partnership, the application shall be
made by all partners; if the service is owned by a corporation,
the application shall be made by all stockholders who own at
least twenty percent (20%) of the issued and outstanding voting
stock of the corporation, or if the service is owned by an
association, society, or corporation in which no one individual
owns at least twenty percent (20%) of the issued and outstanding
voting stock, the application shall be made by the president,
vice-president, secretary and treasurer of the owner, by
whatever title designated. The application shall state the name
and address of the individual who is responsible for the
direction and operation of the placement activities of the
private personnel service whether that individual be one of the
applicants or another person; whether or not that individual has
ever been employed in a private personnel service; the name and
address of each of the license applicant's prior employers
during the five years immediately preceding the license
application; and such other information relating to the good
moral character of that individual as the Commissioner may
require. No change in such persons shall take place without
prior notification to the Commissioner.
  (c) Each application for license shall be in writing and in
the form prescribed by the Commissioner, and shall state
truthfully the name under which the business is to be conducted;
the street and number of the building or place where the
business is to be conducted.
  (d) Upon the receipt of an application for a license the
Commissioner:
(1)  Shall publish a notice of the pending application
in a newspaper of general circulation in the area
of the proposed location of the employment agency
and may publish the notice in a newspaper of
general circulation in each area in which the
applicant (or if a corporation, the president and
majority shareholder) has resided during the five
years preceding the time of the application. The
applicant shall incur the cost associated with the
publication of this legal advertisement. The notice
shall include a statement informing individuals of
their right to protest the issuance of a license by
filing within 10 days written comments with the
Commissioner. The protest shall be in writing and
signed by the person filing the protest or by his
authorized agent or attorney, and shall state
reasons why the license should not be granted. Upon
the filing of a protest, the Commissioner, if he
determines the protest to be of such a nature that
a hearing should be conducted and that the protest
is for a cause on which denial of a license may
properly be based, shall appoint a time and place
for a hearing on the application and shall give at
least seven days' notice of that time and place to
the license applicant and to the person filing the
protest. The hearing shall be conducted in
accordance with the provisions of the rules of the
Administrative Procedure Act.
(2)  Shall investigate the character, criminal record
and business integrity of each applicant for agency
license and shall investigate the criminal records
of all persons listed as agency owners, officers,
directors or managers. The applicant and all agency
owners, officers, directors and managers shall
assist the department in obtaining necessary
information by authorizing the release of all
relevant information. The applicant shall incur the
cost associated with this background investigation.
(2a) The Department of Justice may provide a criminal
record check to the Commissioner for a person or
agency who has applied for a license through the
Commissioner. The Commissioner shall provide to the
Department of Justice, along with the request, the
fingerprints of all applicants, any additional
information required by the Department of Justice,
and a form signed by the applicants consenting to
the check of the criminal record and to the use of
the fingerprints and other identifying information
required by the State or national repositories. The
applicants' fingerprints shall be forwarded to the
State Bureau of Investigation for a search of the
State's criminal history record file, and the State
Bureau of Investigation shall forward a set of the
fingerprints to the Federal Bureau of Investigation
for a national criminal history check. The
Commissioner shall keep all information pursuant to
this subdivision privileged, in accordance with
applicable State law and federal guidelines, and
the information shall be confidential and shall not
be a public record under Chapter 132 of the General
Statutes.
  The Department of Justice may charge each
applicant a fee for conducting the checks of
criminal history records authorized by this
subdivision.
(3)  Upon completion of the investigation, or 60 days
after the application was received, whichever is
later, but in no case more than 75 days after the
application was received, shall determine whether
or not a license should be issued. The license
shall be denied for any of the following reasons:
a.If the applicant for agency license, or the
  president or majority shareholder of a
  corporate applicant, omits or falsifies any
  material information asked for in the
  application and required by the Commissioner.
b.If any owner, officer, director or manager of
  the employment agency:
  1.Has been convicted in any state of the
  criminal offense of embezzlement,
  obtaining money under false pretenses,
  forgery, conspiracy to defraud or any
  similar offense involving fraud or moral
  turpitude;
  2.Was an owner, officer, director or
  manager of an employment agency or other
  business whose license was revoked or
  that was otherwise caused to cease
  operation by action of any State or
  federal agency or court because of
  violations of law or regulation relating
  to deceptive or unfair practices in the
  conduct of business;
  3.As an owner or manager of an employment
  agency or other business or as an
  employment counselor was found by any
  State or federal agency or court to have
  violated any law or regulation relating
  to deceptive or unfair practices in the
  conduct of business; or
  4.In any other demonstrable way engaged in
  deceptive or unfair practices in the
  conduct of business.
c.If the employment agency will be operated on
  the same premises as a loan agency (as defined
  in G.S. 105-88) or collection agency (as
  defined in G.S. 58-70-15).
  (e) If it appears upon the hearing or from the inspection,
examination or investigation made by the Commissioner that the
owners, partners, corporation officers or the agency manager are
not persons of good moral character or that the license
applicant has not complied with the provisions of this Article,
the application shall be denied and a license shall not be
granted. The Commissioner shall find facts to substantiate his
denial of the issuance of a license. Each application shall be
granted or refused within 60 days from the date of its filing,
or if a hearing is held, within 75 days. Any license heretofore
or hereafter issued shall expire 12 months from the date of its
issuance, and shall be renewed as hereinafter provided unless
sooner revoked by the Commissioner.
  (f) No license shall be granted to a person to operate as a
private personnel service where the name of the business is
similar or identical to that of any existing licensed business
(except where a franchiser has licensed two or more persons to
use the same name within the State) or directly or indirectly
expresses or connotes any limitation, specification or
discrimination contrary to current State or federal laws against
discrimination in employment.
  (g) Every license shall contain the name of the person
licensed and shall designate the city in which the license is
issued, the name of the manager and date of the license. The
license shall be displayed in a conspicuous place in the area
where job applicants are received by the agency.
  (h) A license granted as provided in this Article shall not
be valid for any person other than the person to whom it is
issued or for any place other than that designated in the
license and shall not be assigned or transferred without the
consent of the Commissioner, whose consent must be based on the
standards contained in this Article. Applications for consent to
assign or transfer shall be made in the same manner as an
application for a license, and all the provisions of this
Article shall apply to applications for consent. The location of
a private personnel service shall not be changed without notice
to the Commissioner, and any change of location shall be
endorsed upon the license. A person who has obtained a license
in accordance with the provisions of this Article may apply for
additional licenses to conduct additional private personnel
services in accordance with the provisions of this Article. The
manner of application, and the conditions and terms applicable
to the issuance of the additional licenses shall be the same as
for an original license. The same agency manager may be
designated in all such licenses.
  (i) Temporary license. - If ownership of a licensed private
personnel service is transferred, the department shall issue a
temporary license to any new owner or successor if it appears to
the department that issuance of such a license would serve the
public interest. A temporary license shall be effective for a
period of 90 days and shall not be renewed.
  (j) Each licensee shall, before the license is issued or
renewed, deposit with the department a bond payable to the State
of North Carolina and executed by a surety company duly
authorized to transact business in the State of North Carolina
in the amount of ten thousand dollars ($10,000) and upon
condition that the private personnel service will pay to
applicants all refunds due under this Article and regulations
adopted hereunder if the private personnel service terminates
its business. (1929, c. 178, ss. 2, 3; 1931, c. 312, s. 3; 1979,
c. 780, s. 1; 1987, c. 282, s. 12; 1989, c. 414, s. 2; 2002-147,
s. 12; 2003-308, s. 9.)
 
§ 95-47.3.  Fees and contracts; filing with Commissioner.
  (a)Every license applicant shall file with the
Commissioner a schedule of fees or charges made by the private
personnel service to applicants for employment for any services
rendered, stating clearly the conditions under which the private
personnel service refunds or does not refund a fee, together
with all rules or regulations that may in any manner affect the
fees charged or to be charged for any service. Every license
applicant and licensee shall include in its schedule of fees or
charges a clear description of how it determines fees for
placement of employment, the compensation of which is based, in
whole or in part, on commission. Changes in the schedule may be
made, but no change shall become effective until seven calendar
days after the filing thereof with the Commissioner. It is
unlawful for a private personnel service to charge, demand,
collect or receive a greater compensation from an applicant for
employment for any service performed than as specified in the
schedule filed with the Commissioner.
  (b) Every license applicant shall file with the Commissioner
a copy of the contract which the private personnel service will
require applicants for employment to execute. (1979, c. 780, s.
1; 1991 (Reg. Sess., 1992), c. 970, s. 1.)
 
§ 95-47.3A.  Fee reimbursement from employers due to
overstated earnings expectations.
  (a)An applicant who accepts employment that is
compensated in whole or in part on a commission basis, and who
pays a fee to the licensee calculated on the commission-based
compensation amount stated by the employer in the written job
order, may file a written complaint with the Commissioner if the
applicant did not earn at least eighty percent (80%) of the
compensation amount stated by the employer in the written job
order. If the applicant files the written complaint before the
period upon which the anticipated earnings is based has ended,
the Commissioner shall prorate the amount earned over the period
of time the applicant worked prior to the filing of the
complaint in order to determine whether or not the applicant
earned at least eighty percent (80%) of the compensation amount
stated by the employer in the written job order.
  (b) The Commissioner shall investigate all complaints filed
pursuant to subsection (a) of this section. After completion of
the investigation and a hearing, the Commissioner shall order
the employer to reimburse the applicant for part or all of the
fee paid by the applicant to the licensee if the Commissioner
finds the applicant is entitled to the refund based on all of
the following:
(1)  The applicant did not earn at least eighty percent
(80%) of the compensation amount stated by the
employer in the written job order;
(2)  The licensee reasonably relied on the compensation
information provided by the employer in calculating
the fee paid by the applicant;
(3)  It is unrealistic to expect that an employee could
earn substantially the amount of commission-based
compensation stated by the employer in the written
job order filed with the licensee; and
(4)  The fee paid by the applicant to the licensee was
calculated based on the commission-based
compensation stated by the employer in the written
job order.
  (c) The reimbursement due the applicant under subsection (b)
shall be the difference between the fee actually paid by the
applicant to the licensee, and the fee that the applicant would
have paid if the compensation stated by the employer in the
written job order had been what the applicant actually earned or
reasonably could have earned during the applicable employment
period.
  (d) The Commissioner shall adopt rules setting forth
procedures for complaints and investigations, and standards for
determining whether a statement by the employer in the
licensee's written job order of potential or anticipated
commission-based earnings is realistic under the circumstances.
The Commissioner or his authorized representative shall have
power to administer oaths and examine witnesses, issue
subpoenas, compel the attendance of witnesses and the production
of papers, books, accounts, records, payrolls, documents, and
take depositions and affidavits in any proceeding hereunder.
Additionally, the Commissioner shall adopt rules setting forth
procedures for enforcement of any order made under subsections
(b) and (c) of this section. Rules adopted by the Commissioner
pursuant to this section shall be in accordance with Chapter
150B of the General Statutes.
  (e) The Commissioner shall enforce and administer the
provisions of this section, and the Commissioner or his
authorized representative is empowered to hold hearings and to
institute civil proceedings to collect on behalf of the
applicant any amounts determined to be owed by the employer.
(1991 (Reg. Sess., 1992), c. 970, s. 3.)
 
§ 95-47.4.  Contracts; contents; approval; tying contracts
forbidden.
  (a)A contract between a private personnel service and an
applicant shall be in writing, labeled as a contract, physically
separate from any application and made in duplicate. One copy
shall be given to the applicant and the other shall be kept by
the private personnel service as required by G.S. 95-47.5(2).
  (b) Any contract that obligates an applicant to pay a fee to
the private personnel service shall include:
(1)  The name, address and telephone number of the
private personnel service;
(2)  The name of the applicant;
(3)  The date the contract was signed;
(4)  A clear schedule of the fees to be charged to the
applicant at various salary levels;
(5)  A clear explanation of when the applicant becomes
obligated to pay a fee;
(6)  A clear refund policy (or no refund policy) that
conforms to the requirements of G.S. 95-47.4(f) and
(g);
(7)  If the applicant is obligated whether or not the
applicant accepts employment, a clear explanation
of the services provided and a statement that the
private personnel service does not guarantee that
the applicant will obtain employment as a result of
its services;
(8)  A statement, in a type size no smaller than nine
point, directly above the place for the applicant's
signature, that reads as follows: "I have read and
received a copy of this CONTRACT, which I
understand makes me legally obligated to pay a fee
under conditions outlined above." In the preceding
statement the word "CONTRACT" and no others shall
be in all capitals; and
(9)  A statement that the private personnel service is
licensed and regulated by the Commissioner and the
address at which a copy of laws and regulations
governing private personnel services may be
obtained.
  (c) A copy of each contract form to be used with applicants
shall be filed with the Commissioner. Until the private
personnel service receives written notification from the
Commissioner that the form conforms to the requirements of this
Article and regulations adopted hereunder, it shall not be used
with applicants.
  (d) A private personnel service shall not require an
applicant to sign a contract with the private personnel service
before the applicant has had an opportunity to read the contract
and discuss the contract with an employee of the personnel
agency who regularly arranges contacts and assists in
negotiations between employers and applicants. A private
personnel service shall not coerce an applicant into signing a
contract by applying or using duress, undue influence, fraud or
misrepresentation sufficient to invalidate the contract under
North Carolina law.
  (e) Any contract that obligates an applicant to pay a fee to
the private personnel service when the applicant accepts
employment shall be physically separate from any contract that
obligates an applicant to pay a fee whether or not the applicant
accepts employment. A private personnel service shall not
require an applicant to sign one contract as a prerequisite to
signing another contract or to pay a fee as a prerequisite to
signing a contract. Express violations of this subsection are
the following:
(1)  Refusal to allow an applicant to contract for
counseling, job information or resume writing
services, if the applicant does not agree to pay an
additional fee upon acceptance of employment; and
(2)  Refusal to allow an applicant to contract for
services which obligate the applicant only upon
acceptance of employment, if the applicant does not
agree to pay a registration fee or to contract for
counseling, resume writing or other services.
  (f) If a private personnel service has a refund policy,
included on each contract that obligates an applicant upon
acceptance of employment will be a statement defining:
(1)  The length of the period of time covered by the
refund policy;
(2)  The exact manner of computing the refund so that
the amount of refund due the applicant will be
clear;
(3)  The conditions under which a refund becomes due to
the applicant. The conditions of the refund, if
other than unconditional policy is used, shall
contain a definition of the reasons for which a
refund will not be made. A refund will not be
denied except for a reason so stated in the
definition of the contract;
(4)  A personnel service shall abide by the refund
policy stated on its contract by promptly paying to
applicants any refund due under the terms of the
contract.
  (g) If a private personnel service has no refund policy, the
private personnel service shall include on each contract that
obligates an applicant upon acceptance of employment, in a type
size no smaller than nine point, a statement that reads as
follows:
  "__________ (name of private personnel service) will make NO
REFUND under any circumstances of fees paid by the applicant."
In the preceding statement the words NO REFUND and no others
shall be in all capitals.
  (h) If a private personnel service places an applicant in a
position of employment, the compensation of which is based, in
whole or in part, on commission, the private personnel service
shall:
(1)  Have a written job order from the employer that
includes the anticipated earnings upon which the
private personnel service may base its fee, or
(2)  In lieu of the written job order required by
subdivision (1) of this subsection, have a policy
of providing the same fee reimbursement as may be
available to applicants from employers under the
provisions of G.S. 95-47.3A.
  In no case may the applicant collect the same reimbursement
from both the employer and the private personnel service. When
the private personnel service elects to obtain the written job
order from the employer and not have its own reimbursement
policy as described in subdivision (2) of this subsection, the
private personnel service shall explain to the applicant and the
employer how the fee for the placement is calculated, and shall
inform in writing both the applicant and the employer of the
provisions of G.S. 95-47.3A governing fee refunds from
employers. (1979, c. 780, s. 1; 1991 (Reg. Sess., 1992), c. 970,
s. 2; 1993, c. 202, s. 1; 1993 (Reg. Sess., 1994), c. 769, s.
29(a).)
 
§ 95-47.5.  Records.
  Every private personnel service shall maintain for a
period of two years, the following records:
(1)  Job orders or job specifications.
(2)  Executed applicant contracts.
(3)  Information on all placements made, including the
employer's name and address; name and address of
applicant placed; salary of the position; amount of
fee charged; and refunds, where applicable. (1929,
c. 178, s. 4; 1931, c. 312, s. 3; 1979, c. 780, s.
1.)

§ 95-47.6.  Prohibited acts.
  A private personnel service shall not engage in any of
the following activities or conduct:
(1)  Induce or attempt to induce any employee placed by
that private personnel service to terminate his
employment in order to obtain other employment
through the private personnel service; or procure
or attempt to procure the discharge of any person
from his employment.
(2)  Publish or cause to be published any false or
fraudulent information, representation, promise,
notice or advertisement.
(3)  Advertise in newspapers or otherwise, unless the
advertising contains the name of the private
personnel service and the word "personnel service."
(4)  Direct an applicant to visit or call upon an
employer for the purpose of obtaining employment
without having first obtained a job order or
authorization from the employer for the interview.
A private personnel service may attempt to sell the
services of an applicant to an employer from whom
no job order has been received and may charge a fee
if the efforts result in the applicant's being
employed.
(5)  Send or cause to be sent any person to any employer
where the private personnel service knows that the
prospective employment is or would be in violation
of State or federal laws governing minimum wages or
child labor, or has been notified that a labor
dispute is in progress, without notifying the
applicant of that fact, or knowingly arrange an
interview for an employment or occupation
prohibited by law.
(6)  Send or cause to be sent any person to any place
which the private personnel service knows is
maintained for immoral or illicit purposes.
(7)  Divide or share, either directly or indirectly, the
fees collected by the private personnel service,
with contractors, sub-contractors, employers or
their agents, foremen or anyone in their employ, or
if the contractors, sub-contractors or employers be
a corporation, any of the officers, directors or
employees of the corporation to whom applicants for
employment are sent.
(8)  Make, cause to be made, or use any name, sign or
advertising device bearing a name which is similar
to or may reasonably be confused with the name of a
federal, State, city, county or other governmental
unit or agency.
(9)  Knowingly make any false or misleading promise or
representation or give any false or misleading
information to any applicant or employer in regard
to any employment, work or position, its nature,
location, duration, compensation or the
circumstances surrounding any employment, work or
position including the availability thereof.
(10) Accept a registration fee from an applicant.
(11) Impose or attempt to collect any fee from any
applicant unless that applicant accepts employment
with an employer to which the applicant was
directly or indirectly introduced by the private
personnel service.
(12) A fee may be charged for resume writing provided
the private personnel service does not require the
applicant to become obligated for any other
services. (1979, c. 780, s. 1.)

§ 95-47.7: Repealed by Session Laws 2003-308, s. 10,
effective July 1, 2003.

§ 95-47.8: Repealed by Session Laws 2003-308, s. 11,
effective July 1, 2003.

§ 95-47.9.  Enforcement of Article; rules; hearing; penalty;
criminal penalties.
  (a)This Article shall be enforced by the Commissioner.
The Commissioner or any duly authorized agent, deputies or
assistants designated by the Commissioner, may upon receipt of a
complaint that a private personnel service has violated a
specific section of this Article, inspect those records relevant
to the complaint which this Article requires the private
personnel service to retain. The Commissioner may also subpoena
those records and witnesses and may conduct investigations of
any employer or other person where the Commissioner has
reasonable grounds for believing that the employer or person has
conspired or is conspiring with a private personnel service to
violate this Article.
  (b) The Commissioner shall adopt rules necessary to carry out
and administer the provisions of this Article.
  (c) Complaints against any licensed person shall be made in
writing to the Commissioner.
(1)  If the complaint alleges a violation of this
Article, the Commissioner shall cause an
investigation to be made. If, as a result of the
investigation, the Commissioner has reason to
believe that a material violation of this Article
has been committed by a private personnel service,
the Commissioner may, after compliance with Chapter
150B of the General Statutes, deny, suspend, or
revoke a license issued under this Article if it is
determined that the licensee or any employee of the
licensee is guilty of violating the provisions of
this Article. In addition, the Commissioner may
issue warnings or levy a fine against the private
personnel service that shall not exceed two hundred
fifty dollars ($250.00).
(2)  The denial, revocation, or suspension of a license
or the issuance of a warning or fine by the
Commissioner shall be in writing, shall be signed
by the Commissioner or the Commissioner's designee,
and shall state the grounds upon which the decision
is based. The aggrieved person shall have the right
to appeal from the decision as provided by Chapter
150B of the General Statutes.
  (d) Whenever a license is revoked pursuant to subsection (c)
of this section, another license shall not be issued to the same
person within three years from the date of the revocation.
  (e) Any person who operates as a private personnel service
without first obtaining the appropriate license (i) shall be
guilty of a Class 1 misdemeanor; and (ii) be subject to a civil
penalty of not less than fifty dollars ($50.00) nor more than
one hundred dollars ($100.00) for each day the private personnel
service operates without a license, the penalty not to exceed a
total of two thousand dollars ($2,000). Actions to recover civil
penalties shall be initiated by the Attorney General. The clear
proceeds of civil penalties provided for in this section shall
be remitted to the Civil Penalty and Forfeiture Fund in
accordance with G.S. 115C-457.2. (1929, c. 178, ss. 3-5, 7, 9;
1931, c. 312, s. 3; 1979, c. 780, s. 1; 1993, c. 539, s. 663;
1994, Ex. Sess., c. 24, s. 14(c); 1998-215, s. 109; 2003-308, s.
12.)
 
§ 95-47.10.  Power of Commissioner to seek injunction.
  The Commissioner may apply to courts having jurisdiction
for injunctions to prevent violations of this Chapter or of
rules issued pursuant thereto, and such courts are empowered to
grant such injunctions regardless of whether criminal
prosecution or other action has been or may be instituted as a
result of such violation. A single act of unauthorized or
illegal practice shall be sufficient, if shown, to invoke the
injunctive relief of this section or criminal or civil penalties
under G.S. 95-47.9(e). (1979, c. 780, s. 1.)
 
§ 95-47.11.  Government employment agencies unaffected.
  This Article shall not in any manner affect or apply to
the State of North Carolina, the government of the United
States, or to any city, county or town, or any agency of any of
those governments. (1929, c. 178, s. 10; 1979, c. 780, s. 1.)
 
§ 95-47.12.  License taxes placed upon agencies not affected.
  This Article is not intended to conflict with or affect
any license tax placed upon private personnel services by the
revenue laws of North Carolina, but instead shall be construed
as supplementary thereto in exercising the police powers of the
State. (1929, c. 178, s. 11; 1979, c. 780, s. 1.)
 
§ 95-47.13.  Severability.
  If any provision of this Article or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications,
and to this end the provisions of this Article are severable.
(1929, c. 178, s. 9; 1979, c. 780, s. 1.)
 
§ 95-47.14.  Notification requirement.
  Any temporary help service as described in G.S.
95-47.1(16)c. that operates in North Carolina shall notify the
Department of Labor in writing that the temporary help service:
(1)  Operates only as a temporary help service;
(2)  Establishes an employer-employee relationship with
its temporaries;
(3)  Does not operate as a private personnel service or
an employer fee paid personnel consulting service.
(1989, c. 414, s. 3.)

§ 95-47.15.  Certification requirement.
  Any employer fee paid personnel consulting service or
temporary help service, as the two terms are described in G.S.
95-47.1(16)f., that operates in North Carolina shall certify
annually to the Department of Labor on a form prescribed by the
Commissioner that the service:
(1)  Operates on a one hundred percent (100%) employer
fee paid basis;
(2)  Requires no applicant placement contract; and
(3)  Has no recourse against an applicant for a fee
under any circumstances. (1989, c. 414, s. 3.)

§§ 95-47.16 through 95-47.18.  Reserved for future
codification purposes.

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