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09.12.11.00.htm 09.12.11.00. Title 09 MARYLAND DEPARTMENT OF LABOR Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 11 Fee Charging Employment Agencies Authority: Business Regulation Article, §9-204, Annotated Code of Maryland
09.12.11.01.htm 09.12.11.01. 01 Definitions.. A. The following terms have the meanings indicated.. B. Terms Defined.. 1) "Applicant" means a person, employed or unemployed, who either seeks employment or enters into an arrangement concerning employment through an employment agency. "Applicant" does not include either a person applying for an employment agency license or a prospective employee for an employment agency.
09.12.11.02.htm 09.12.11.02. 02 Out-of-State Agency.. A. Any out-of-State employment agency shall obtain an employment agency license and bond if the agents, managers, or counselors act as an employment agency in this State.B. This regulation applies to an out-of-State employment agency operating from either a permanent or a temporary place of business within the State.
09.12.11.03.htm 09.12.11.03. 03 Providing Copies of the Law.. An employment agency shall provide each general manager and counselor with a current copy of the employment agency law and regulations.
09.12.11.04.htm 09.12.11.04. 04 Contracts.. Each contract that an employment agency submits to an applicant shall:. A. Be printed in 6-point type size or larger; and. B. State:. 1) "Employment shall be considered to be temporary when within 90 days after employment commences the employment is terminated through 'no fault' of the applicant, or the employment is voluntarily terminated by the applicant with 'just cause. A temporary placement fee may be charged to any such applicant for such temporary
09.12.11.05.htm 09.12.11.05. 05 Fee Statement.. An employment agency shall provide to each applicant a separate document clearly stating the:. A. Fee amount;. B. Annual interest percentage rate; and. C. Amount of any service charge or interest..
09.12.11.06.htm 09.12.11.06. 06 Records.. A. Each employment agency shall maintain a record of services provided to each employer and applicant.B. Each record shall:. 1) Be maintained for a period of 2 years;. 2) Contain the following:. a) The name and address of the employer and the applicant;. b) A description of the positions:. i) Offered by the employer, and. ii) Accepted by the applicant;. c) The wage or salary of the position accepted by the applicant;. d) The permanent or temporary placement fee;.
09.12.11.07.htm 09.12.11.07. 07 Third Party Representative.. A. When an employer requests a third party representative to recommend an individual for employment in the same, similar, or other affiliated place of employment, and the representative requests an employment agency to refer applicants to be interviewed, the representative shall be considered the agent of the employer.B. The request to the employment agency is considered to be a bona fide job order from the employer..
09.12.11.08.htm 09.12.11.08. 08 Refunds.. A. An employment agency shall comply with the provisions concerning placement fee refunds set forth in Business Regulation Article, § 9-318, Annotated Code of Maryland.B. When the Commissioner of Labor and Industry orders a refund to be made by an employment agency to an applicant, the refund shall be made within 14 calendar days from the date of the order.
09.12.11.09.htm 09.12.11.09. 09 Fee Payment.. A. When an applicant is referred to the same position or employer by two employment agencies, the fee shall be paid to the employment agency which was instrumental in securing the position.B. An applicant who accepts an employer fee-paid position may be held liable for the fee only:. 1) Upon employer non-payment; and. 2) If the employment agency notified the applicant of the potential liability either in the contract or in a separate memorandum presented before the
09.12.11.10.htm 09.12.11.10. 10 Prohibited Solicitations and Inducements.. An employment agency may not solicit, persuade, or induce:. A. After receiving a fee, any applicant to leave any employment in which the employment agency has placed the applicant; orB. An employer to discharge an employee placed by the employment agency..
09.12.11.11.htm 09.12.11.11. 11 Special Services Agreement.. A. An employment agency may negotiate a separate agreement with an employer for special services regarding:1) Recruitment;. 2) Search;. 3) Screening;. 4) Referrals; and. 5) Placement.. B. Any separate agreement may not violate the law or these regulations..
09.12.11.12.htm 09.12.11.12. 12 Job Order Number.. An employment agency shall:. A. Assign each employee fee-paid or employer fee-paid position a job order number;. B. Include the job order number assigned to the position in:. 1) Any advertisement, and. 2) The file of the order; and. C. Maintain job orders in numerical sequence by job order number..
09.12.11.13.htm 09.12.11.13. 13 Employment Counselor's License.. A person licensed as an employment counselor by the Commissioner shall:. A. Display the license in a prominent place at the employment agency where the counselor is employed; andB. When acting in the capacity of an employment counselor, use only the name in which the license is issued.
09.12.11.14.htm 09.12.11.14. 14 Rules of Procedure for Hearings.. A. This regulation supplements the requirements of State Government Article, § 10-208, Annotated Code of Maryland.B. Hearing Procedure.. 1) During a hearing, a party in interest may make any relevant statement or argument either directly or through counsel.2) Presiding Officer.. a) "Presiding officer" means the Commissioner or an individual authorized to conduct a hearing.. b) The presiding officer shall:. i) Call the title of the case;.
09.12.11.9999.htm 09.12.11.9999. Administrative History Effective date:. Regulations .01―16 effective April 4, 1973. Regulations .02 and .05 repealed, and .04, .09, .16―18, and .22 amended effective February 13, 1984 (11:3 Md. R. 199)Regulations .17―22 effective April 16, 1975 (2:8 Md. R. 564). Regulation .22 amended effective September 14, 1977 (4:19 Md. R. 1467). Regulation .23 adopted effective September 14, 1977 (4:19 Md. R. 1467) ―. Chapter revised effective August 8, 1988 (15:16 Md. R. 1913).
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