NC Register Volume 9 Issue 15 - Office of Administrative Hearings
NC Register Volume 9 Issue 15 - Office of Administrative Hearings
NC Register Volume 9 Issue 15 - Office of Administrative Hearings
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
PROPOSED RULES<br />
(13) "Responsible for the operation" means to<br />
conduct the daily administrative functions<br />
required to direct and control the<br />
business. This includes, but is not<br />
limited to. current and ongoing<br />
knowledge and oversight <strong>of</strong> the<br />
following: all placement functions; hours<br />
the business operates; hiring, supervision,<br />
and dismissal <strong>of</strong> the business' personnel;<br />
the finances and financial records <strong>of</strong> the<br />
business; advertising; job orders;<br />
compliance with G.S. 95. Article 5A;<br />
and the needs <strong>of</strong> applicants and<br />
employers who work with the business to<br />
receive<br />
placement and hiring assistance.<br />
It further means that the person is<br />
available during working hours to answer<br />
questions and respond to the needs <strong>of</strong><br />
applicants, employers, the business' own<br />
employees, and the Division.<br />
(14) Except in G.S. 95-47.2(d)(l). in G.S. 95-<br />
47.2(d)(3)b.2 and in OS, 95-<br />
47.2(d)(3)b.3. "rules", "regulations", or<br />
"rules or regulations" as used in G.S. 95.<br />
Article 5_A and in this Chapter refer to<br />
administrative rules adopted by the<br />
Department <strong>of</strong> Labor pursuant to G.S.<br />
95. Article 5A and G.S. <strong>15</strong>0B.<br />
(<strong>15</strong>) "Temporary help service" means any<br />
business which employs persons whom it<br />
assigns to assist its customers. The<br />
employer-employee relationship exists<br />
between the temporary help service and<br />
the employee. A temporary help service<br />
never charges the employee a fee for<br />
providing its service even if it leads to a<br />
permanent placement with the temporary<br />
help service customer.<br />
Statutory Authority G.S. 95-47.9.<br />
.0102 LICENSING PROCEDURES<br />
(a) Application for License. Any person<br />
desiring to operate a private personnel service,<br />
defined in OS^ 95-47.1(16). shall fije an<br />
application for license with the Commissioner.<br />
(1) If the private personnel service is<br />
owned by. an individual, the application<br />
shall be made by that individual;<br />
(2) If the private personnel service is<br />
owned by a partnership, each partner<br />
shall file an application;<br />
(3) If the private personnel service is<br />
owned by a corporation. each<br />
stockholder who owns at least 20<br />
as<br />
percent <strong>of</strong> the issued and outstanding<br />
voting stock <strong>of</strong> the corporation shall file<br />
an application: or<br />
(4) If the private personnel service is<br />
owned by an association, society, or<br />
corporation in which no one individual<br />
owns at least 20 percent <strong>of</strong> the issued<br />
and outstanding voting stock, the<br />
application shall be made by the<br />
president, vice president, secretary and<br />
treasurer <strong>of</strong> the owner, by whatever<br />
title designated.<br />
(b) Information to Accompany Application for<br />
License.<br />
Each application for a private personnel<br />
service license shall be made on forms prescribed<br />
and furnished by the Commissioner and shall<br />
contain details regarding the following<br />
information:<br />
(1) The proposed business name, street and<br />
mailing address, and telephone number<br />
<strong>of</strong> the private personnel service:<br />
(2) Four personal or business references<br />
who are not related to or currently<br />
employed by the applicant;<br />
(3) Whether the private personnel service<br />
will be affiliated in any way with a loan<br />
agency or collection agency;<br />
(4) The name and address <strong>of</strong> the person<br />
who is responsible for the direction and<br />
operation <strong>of</strong> the placement activities<br />
the private personnel service;<br />
(5) Whether the person responsible for the<br />
direction and operation <strong>of</strong> the placement<br />
activities <strong>of</strong> the private personnel<br />
service has ever been employed in a<br />
private personnel service;<br />
(6) Whether the private personnel service<br />
will operate under a franchise<br />
agreement;<br />
(7) Whether the applicant, owner, <strong>of</strong>ficer,<br />
director or manager ever made an<br />
application for a license to operate a<br />
private personnel service in North<br />
Carolina or elsewhere:<br />
(8) Whether the applicant, owner, <strong>of</strong>ficer,<br />
director or manager ever had a license<br />
revoked, suspended, or refused, or has<br />
been subjected to any disciplinary<br />
action by any governmental body;<br />
(9) Whether the applicant, owner, <strong>of</strong>ficer,<br />
director or manager has ever been<br />
convicted <strong>of</strong> a crime other than parking<br />
violations and misdemeanor traffic<br />
<strong>of</strong>fenses;<br />
(10) Whether the applicant, owner, <strong>of</strong>ficer.<br />
<strong>of</strong><br />
1177 NORTH CAROLINA REGISTER November 1, 1994 9:<strong>15</strong>