(1)
Requirement for Submission of
a Completed Application for Licensure or Registration. An Owner of
an Agency engaging in the activities of an Agency, including but not limited to
recruiting workers, soliciting clients, or advertising such services in
Massachusetts shall submit to the Department a completed Application for
Employment Agency License or Placement Agency Registration with all required
attachments on a form prescribed by the Director.
(2)
Information Required for
Initial Employment Agency License Application. Applicants for an
initial Employment Agency License shall submit the following information on or
with the initial application form:
(a) name
of the Agency;
(b) name under which
business will be conducted;
(c)
physical and mailing addresses of the Agency. Persons wishing to use a post
office box for mailing or public information purposes must specify to the
Department the actual address where records will be kept and business will be
conducted;
(d) name and address of
the Agency Owner;
(e) copy of a
government-issued photo identification for the Agency Owner;
(f) evidence that the person is properly
registered as a business with local or state government as required by
law;
(g) federal tax identification
number;
(h) name of the Agency
manager;
(i) types of jobs or
Engagements which the Agency will refer or assign Job Applicants or
Workers;
(j) information relating
to any Applicant Fees or charges assessed to Job Applicants or Workers by the
Agency;
(k) information relating to
how Job Applicants or Workers are paid;
(l) certification of compliance with all laws
of the Commonwealth relating to taxes, reporting of employees and contractors,
and withholding and remitting of child support in accordance with M.G.L. c.
62C, § 49A(a); unemployment insurance contributions in accordance with
M.G.L. c. 151A, § 19A(a); workers' compensation insurance in accordance
with M.G.L. c. 152, § 25C(6); and classification of employees in
accordance with M.G.L. c. 149 § 148B;
(m) an affirmation of compliance with the
requirement to post or distribute the Massachusetts Wage and Hour poster
pursuant to
454 CMR
27.00: Minimum Wage;
(n) a surety bond filed in the penal sum of
$3,000 payable to the people of the Commonwealth on a form prescribed by the
Director. A separate bond is required for each location licensed as an
Employment Agency;
(o) two
affidavits from reputable residents of the Commonwealth for each Owner
attesting to the Owner's character, on a form prescribed by the Director; an
affidavit supplied by a member of an Owner's immediate family or subordinate is
not acceptable;
(p) a signed and
dated CORI Request Form for each Owner;
(q) a copy of the Agency placement manager's
most recent resume;
(r) a sample of
every form, contract, agreement, time sheet, brochure, Applicant Fee schedule,
job application, job description, and other document to be provided to Clients,
Job Applicants, or Workers;
(s)
non-refundable, annual application fee;
(t) a certification of compliance with M.G.L.
c. 140, §§ 46A through 46R;
(u) certification of compliance with M.G.L.
c. 149, § 159C, if applicable; and
(v) such other information as the Director
may reasonably require.
(3)
Information Required for
Initial Registration of Placement Agencies. Applicants applying
for an initial Placement Agency Registration shall submit the following
information on or with the initial application form:
(a) name of the Agency;
(b) name under which business will be
conducted;
(c) physical and mailing
addresses of the Agency. Persons wishing to use a post office box for mailing
or public information purposes must specify to the Department the actual
address where records will be kept and business will be conducted;
(d) name and address of the Agency
Owner;
(e) copy of a
government-issued photo identification for the Agency Owner;
(f) evidence that the person is properly
registered as a business with local or state government as required by
law;
(g) federal tax identification
number;
(h) name of the Agency
manager;
(i) types of jobs or
engagements to which the Agency will refer or assign Job Applicants or
Workers;
(j) information relating
to Applicant Fees or charges assessed to Job Applicants or Workers by the
Agency;
(k) information relating to
how Job Applicants or Workers are paid;
(l) non-refundable, annual application
fee;
(m) certification of
compliance with laws of the Commonwealth relating to taxes, reporting of
employees and contractors, and withholding and remitting of child support in
accordance with M.G.L. c. 62C, § 49A(a); unemployment insurance
contributions in accordance with M.G.L. c. 151A, § 19A(a); workers'
compensation insurance in accordance with M.G.L. c. 152, § 25C(6); and
classification of employees in accordance with M.G.L. c. 149, §
148B;
(n) certification of
compliance with M.G.L. c. 149, § 159C, if applicable; and
(o) such other information as the Director
may reasonably require.
(4)
Review of Application,
Applicability and Classification. Upon receipt of a complete
Application, the Department shall review said application and supporting
documentation. The Department shall have the right to investigate any
information provided by a License or Registration applicant. The Department
shall determine whether an Agency must be Licensed or Registered. In making
such determinations, the Department may utilize information from all sources
legally available to it, including but not limited to, information provided by
the applicant, information in the public domain and information supplied
through government agencies, inspection, hearings, and
testimony.
