§ 11-11-201. Title

This subchapter may be cited as the “Arkansas Private Employment Agency Act of 1975”.

§ 11-11-202. Definitions

As used in this subchapter, unless the context otherwise requires: (1) “Agency manager” means the individual designated by the employment agency to conduct the general management, administration, and operation of a designated employment agency office. Every employment agency must maintain a licensed agency manager at each of its separate office locations; (2) “Applicant” except when […]

§ 11-11-203. Penalty

(a) The Director of the Division of Labor shall have authority to impose a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) for violation of the provisions of this subchapter by an employment agency or its employees or agents. (b) The director shall notify the employment agency in […]

§ 11-11-204. Director and division — Powers and duties

(a) It shall be the duty of the Division of Labor, and it shall have the power, jurisdiction, and authority to administer and enforce the provisions of this subchapter. (b) The Director of the Division of Labor shall have the power, jurisdiction, and authority to issue licenses to employment agencies, agency managers, and counselors and […]

§ 11-11-208. License required — Penalties

(a) No person shall engage in the business of or act as an employment agent, agency manager, or counselor unless he or she first obtains a license from the Division of Labor. (b) (1) (A) Any person who shall engage in the business of or act as an employment agent, agency manager, or counselor without […]

§ 11-11-209. Certificate of exemption required for certain organizations

(a) Bona fide nursing schools, nurses’ registries, management consulting firms, business schools, vocational schools whose primary function and purpose is training and education, and resume services shall obtain from the Director of the Division of Labor a certificate of exemption from the requirements of this subchapter. (b) In connection with issuance of a certificate of […]

§ 11-11-210. Employment counselor’s license — Application — Qualifications

(a) To be eligible for application for an employment counselor’s license, the applicant shall be: (1) A citizen of the United States; (2) Of good moral character; (3) A person whose license has not been revoked within two (2) years from the date of application; and (4) Able to demonstrate business integrity. (b) (1) Every […]

§ 11-11-211. Agency manager license — Application — Qualifications

(a) To be eligible to apply for a license to act as an agency manager, the applicant shall be: (1) A citizen of the United States; (2) Of good moral character; (3) At least twenty-one (21) years of age; (4) A person whose license has not been revoked within two (2) years from the date […]

§ 11-11-212. Employment agency license — Application — Qualifications

(a) To be eligible to apply for a license to operate an employment agency, the applicant shall be: (1) A citizen of the United States; (2) Of good moral character; (3) At least twenty-one (21) years of age; (4) A person whose license has not been revoked within two (2) years from the date of […]

§ 11-11-213. Employment agency license — Bond required — Action on the bond

(a) (1) Every application for issuance or renewal of an employment agency’s license shall be accompanied by a bond in the sum of five thousand dollars ($5,000) with a duly licensed surety company or companies authorized to do business in this state. (2) The terms and conditions of the bond shall be approved by the […]

§ 11-11-214. Investigation of license applicant by director

(a) Upon filing of an application for a license as provided in this subchapter, the Director of the Division of Labor shall cause an investigation to be made regarding the character, business integrity, and financial responsibility of the license applicant. (b) The director shall also determine the suitability or unsuitability of the applicant’s proposed office […]

§ 11-11-215. Employment agency license — Scope — Change of license

(a) (1) An employment agent’s license issued pursuant to this subchapter shall protect only those persons to whom it is issued and only the location for which it is issued. (2) A separate license shall be required for each separate office location operated by an employment agency. (3) No license shall be valid to protect […]

§ 11-11-216. Examination for licenses

(a) (1) (A) Before the Director of the Division of Labor issues a license to an applicant for a permanent employment agent’s, permanent agency manager’s, or permanent counselor’s license, the applicant shall be required to successfully complete a written examination prepared by the director. (B) The examination shall establish the competency of the applicant to: […]

§ 11-11-217. License fees

(a) Before a permanent license shall be granted to a license applicant, an applicant shall pay the following annual fee for each license: (1) Two hundred fifty dollars ($250) for an employment agency; (2) Twenty-five dollars ($25.00) for an employment agency manager; and (3) Twenty dollars ($20.00) for an employment counselor. (b) Multiple licenses for […]

§ 11-11-218. Temporary licenses

(a) (1) The Director of the Division of Labor shall have authority to issue a temporary license for operation of a private employment agency, which shall be valid for no more than ninety (90) days, upon submission by the applicant for the license of: (A) A properly completed application form furnished and approved by the […]

§ 11-11-219. Renewal of licenses

(a) Every license issued pursuant to this subchapter shall remain in force for one (1) year from the date of issue or until the end of the state’s fiscal year, whichever occurs first, unless the license has been revoked pursuant to the provisions of this subchapter. (b) Applications for renewal of all licenses provided by […]

§ 11-11-220. Cessation of business by licensee

(a) (1) If an employment agent ceases business operations, the agent shall, as soon as reasonably possible, notify the Division of Labor and shall deliver or forward by mail the agent’s license to the division. Failure to give notice, or failure to deliver such employment agent’s license, shall be a violation of § 11-11-208. (2) […]

§ 11-11-221. Issuance, refusal, suspension, or revocation of license — Grounds

(a) The Director of the Division of Labor shall issue a license as an employment agent, agency manager, or counselor to any person who qualifies for the license under the terms of this subchapter. (b) The director may, in addition, refuse to issue a license to any person or may suspend or revoke the license […]

§ 11-11-222. Refusal, suspension, or revocation of license — Notice and hearing

(a) (1) The Director of the Division of Labor may not refuse to issue a license or suspend or revoke a license unless it furnishes the person, employment agent, agency manager, or employment counselor with a written statement of the charges against him or her and affords him or her an opportunity to be heard […]

§ 11-11-223. Judicial review of director’s administrative orders

(a) If the Director of the Division of Labor refuses to grant a license, suspends or revokes a license that has been granted, or imposes an administrative fine as provided in §§ 11-11-213, 11-11-221, and 11-11-222, the person adversely affected or aggrieved by the order of the director issued pursuant to the provisions of §§ […]