Current through Register 1531, September 27, 2024
(1)
Application Requirements. In making the application
for a License, the License Applicant must establish to the satisfaction of the
Department that:
(a) Persons who will conduct
placement activities for the Employment Agency will have at least two years of
experience as a placement employee, or have been engaged in equivalent
personnel management-related activities.
(b) The forms used by the Agency fairly,
clearly, and fully represent the terms and conditions between the proposed
Employment Agency and a Job Applicant or Worker, including the employment
relationship among all parties and the contractual terms.
(c) The Owner of the Employment Agency is a
person of good character and responsibility. Determinations of character and
responsibility will be made through affidavits supplied by the applicant
pursuant to
454
CMR 24.04(1)(o), the
Department's review of the applicant's CORI report in accordance with the
Department's CORI policy, and sworn testimony offered by any person to the
Department during the hearing referenced at 454 CMR 24.05(3).
(d) The License Applicant is in compliance
with state tax, unemployment insurance contributions, and workers' compensation
insurance laws as determined by the applicable state agency.
(2)
Site Inspection
Requirement. As a condition of applying for an Employment Agency
License, the License Applicant shall submit to an inspection of the place(s) of
business of the Employment Agency by the Department. In lieu
of a physical site inspection, the Department may, at its discretion, require
photographs and a written description of the Employment Agency premises. The
Department may also require an inspection of Agency records at a designated
location other than the premises of an Employment Agency. Said inspection(s)
shall document the following:
(a)
Location of Interviews. In addition to meeting the
criteria set forth in 454 CMR 24.05(2), the License Applicant shall also
establish that the location where Job Applicant interviews are conducted is not
a room used for living purposes, a room where boarders or lodgers are kept, a
room where meals are served, a room where persons sleep or a room where
intoxicating liquors are sold.
(b)
Agency Records. Employment Agency records shall be
kept in an area of sufficient space to contain them, according to a filing
system that permits expeditious retrieval, but limits to the extent possible
unauthorized access. Records may be maintained in a home office, provided that
the location of the home office is a clearly delineated space that is not in a
room used for living purposes, a place where boarders or lodgers are kept, a
place where meals are served, a place where persons sleep or a room where
intoxicating liquors are sold. Records shall not be accessible to family
members, visitors, guests, or other unauthorized persons.
(c)
Workplace
Posters. Required workplace posters shall be made readily
accessible to Job Applicants and Workers.
(3)
Hearing on Initial
Application for Employment Agency License. Prior to issuing an
Employment Agency License, the Department shall hold a hearing to determine the
good character and responsibility of each new applicant. The Director, or his
or her designee, may administer oaths, subpoena witnesses, and take testimony
in respect to the matters contained in any application or protest and may
receive evidence in the form of affidavits pertaining to such matters.
(a)
Notice of
Hearing. At least seven days prior to the hearing date, the
Department shall mail either by first class mail or by electronic means a
notice of the hearing to the License Applicant. A notice of the hearing shall
also be published in a newspaper of general circulation in the city or town in
which the Agency will be located and posted in a conspicuous area at the main
office of the Department. Notice of the hearing shall also be provided to all
licensed Employment Agencies in the city or town in which the License
Applicant's office is to be located.
(b)
Protests. Any
person may file a written protest against the issuance of an Employment Agency
License. Said protest shall be signed by the person filing the same, or by his
or her authorized agent, and shall state the reasons why said License should
not be issued. Said person may be interviewed by the Department and may be
called upon to testify at a hearing. A copy of any protest and supporting
documentation shall be supplied to the License applicant at least five days
prior to a License hearing.
(c)
Appearances and Testimony. The License Applicant and
the manager may be required to appear at the hearing, at the discretion of the
Department, to speak to his or her qualifications. If an Applicant or manager
is not able to attend a scheduled License hearing, the Department must be
notified at least two business days in advance of the hearing; any request for
a continuation of the date of the hearing shall be submitted by the License
Applicant in writing. A determination will be made by the Department to proceed
as scheduled or to postpone the hearing.
(d)
Investigation of Employment
Agency License Applicant.
1. The
License Applicant must affirm, to the satisfaction of the Department, his or
her understanding of the Employment Agency Law and Regulations, M.G.L. c. 140,
§§ 46A through 46R and
454 CMR 24.00, and the
Temporary Workers Right to Know Law, M.G.L. c. 149, § 159C, if
applicable.
2. The Department shall
investigate the good character and responsibility of a License
Applicant.
(4)
Decisions on License
Applications. Each License Application shall be granted or denied
by the Director within 40 days from the date on which all of the following have
occurred: the complete application has been received and reviewed by the
Department, the site has been inspected, the License hearing has been
completed, and a License recommendation has been filed with the Director.
(a)
Denial of License Application
and Opportunity for Adjudicatory Hearing. If the Director finds
that the License Applicant does not meet the requirements for licensure or that
the License Applicant has provided incomplete, unclear, or untruthful
information, or the License Applicant or authorized representative failed to
appear at a License hearing as required by the Department, the License
Application shall be denied and a License shall not be granted. In the event of
a Denial of a License Application, the License Applicant shall be afforded an
administrative hearing in accordance with the Executive Office for
Administration and Finance Standard Adjudicatory Rules of Practice and
Procedure,
801 CMR 1.01:
Formal Rules, or as otherwise agreed by the parties.
(b)
Issuance of License with
Conditions. The Director may grant a License with conditions. Said
conditions shall be clearly stated in the Director's decision.
(c)
Opportunity to File Written
Objections. If the Director proposes to deny a License or to grant
a License with conditions, a copy of the recommended decision shall be mailed
to the License Applicant, and said applicant shall have 30 days from the date
of the issuance of the recommended decision in which to file written objections
to said decision. Following the 30 day period, the Director shall issue a final
decision.
(d)
Failure
to Uphold License Conditions. If a Licensee fails to uphold the
conditions of any License, said License shall be suspended or revoked by the
Director, pursuant to
454 CMR
24.18.
(e)
Approval of
Application. Persons who submit License Applications which are
approved by the Director shall be notified in writing in the form of an
Employment Agency License.
(5)
Posting and Presentation of
Employment Agency Licenses. All Licenses must be posted in a
conspicuous place in each Employment Agency, and shall be made available at all
times to any Job Applicant, Employee, Worker or Department representative. If
interviews of applicants are conducted outside of the business office of the
Agency, a true and correct copy of the License shall be presented to the Job
Applicant at the interview.
(6)
Assignment or Transfer of Employment Agency Licenses.
No Employment Agency License may be assigned or transferred without the prior
written approval of the Director. Application for such approval shall be made
in the same manner as an application for licensure. An unlicensed Agency may
not work as an agent of a Licensed Employment Agency. A Licensed Employment
Agency may not transfer the rights and privileges of licensure to an unlicensed
Agency.
(7)
Change of
Location. The location of an Employment Agency shall not be
changed without the prior written consent of the Director, and such change of
location shall be endorsed upon the License issued to said Agency. Licensed
Employment Agencies seeking to change a location must mail their original
certificate to the Department with a letter explaining the circumstances and
listing the new address. Supporting documentation and or a site visit may be
required by the Department.
