Current through Register Vol. 39, No. 6, September 16, 2024
(a) Each
application for a private personnel service license shall be made on forms
prescribed and furnished by the Commissioner and shall contain the following
information in addition to the information required by
G.S.
95-47.2:
(1)
The proposed mailing address, and telephone number of the private personnel
service;
(2) Four personal or
business references who are not related to or currently employed by the
applicant;
(3) Whether the private
personnel service will be affiliated in any way with a loan agency or
collection agency;
(4) Whether the
private personnel service will operate under a franchise agreement;
(5) Whether the applicant, owner, officer,
director or manager ever made an application for a license to operate a private
personnel service in North Carolina or elsewhere;
(6) Whether the applicant, owner, officer,
director or manager ever had a license revoked, suspended, or refused, or has
been subjected to any disciplinary action by any governmental body;
(7) Whether the applicant, owner, officer,
director or manager has ever been convicted of a crime other than parking
violations and misdemeanor traffic offenses;
(8) Whether the applicant, owner, officer,
director or manager of the service has any additional ownership investment
interest in other businesses;
(9)
The name and address of a newspaper of general circulation in the area where
the applicant now resides;
(10) A
copy of all contracts and forms to be used with applicants;
(11) A copy of the fee schedule and a copy of
the refund policy (if applicable) used with persons seeking employment and
employers;
(12) If the applicant is
a corporation, a copy of the Articles of Incorporation;
(13) If the applicant is a partnership, a
copy of the Partnership Agreement;
(14) The Surety Bond required by
G.S.
95-47.2(j); and
(15) Any other names, aliases, assumed
business names, trade names, or doing business as ("DBA") names under which
each applicant has operated.
(b) Assumed Name or Assumed Business Name. If
the private personnel service has filed an assumed name with the register of
deeds in its county, as required by North Carolina law (G.S.
66-68), the owner must notify the Division in
writing of the assumed name. This notification shall be considered a request
for an amendment to the application.
(c) Release of Information Authorization:
(1) By applicant:
(A) Each applicant for a private personnel
service license shall sign a Release of Information authorizing the
Commissioner to conduct a personal background investigation for purposes of
determining the applicant's suitability to operate a private personnel
service.
(B) The release shall be
executed before a notary public.
(2) By officer, director or manager:
(A) The officer, director or manager of a
private personnel service, not covered by Subparagraph (d)(1) of this Rule,
shall sign a Release of Information authorizing the Commissioner to conduct a
criminal background investigation for purposes of determining the suitability
of that person to operate a private personnel service.
(B) The release shall be executed before a
notary public.
(d) Interview with the Division. Each
individual applicant shall come to the Division for an interview as part of the
application process.
(e) Right to
Protest. Individuals have a right to protest the issuance of a license in
accordance with
G.S.
95-47.2(d)(1):
(1) In determining whether the protest is of
such a nature that a hearing should be conducted and for a cause on which
denial of a license may properly be based, the Commissioner will look to the
reasons for denying a license found in
G.S.
95-47.2(d)(3) and
G.S.
95-47.2(e).
(2) The hearing shall be conducted in
accordance with the provisions of
G.S.
150B-38 through
G.S.
150B-42.
(f) Denial of License. Upon completion of the
investigation, the Commissioner shall determine whether or not a license should
be issued. In addition to the reasons for denial in G.S. 95, Article 5A, a
license shall be denied if the applicant has failed to submit all of the
necessary information and paperwork which is described under Licensing
Procedures in Rule .0102 of this Chapter.
(g) Notice of Approval. If the Commissioner
approves a private personnel service license, the applicant shall be notified
and the license shall be issued.
(h) Notice of Opportunity to Withdraw:
(1) If the application for a license is
incomplete, the applicant shall be notified by telephone of this fact at least
seven days prior to the end of the 30 day investigative period. The applicant
may either complete the application within that seven days or withdraw the
application.
(2) If the applicant
elects to withdraw the application, the Division will deem any supporting
documents which the Division has obtained, such as the criminal background
check and references, current for an additional 30 days within which time the
applicant may refile the application.
(3) Failure to withdraw an incomplete
application (one that omits material information) before the end of the
original 30 day investigative period shall result in the denial of a private
personnel service license. However, the applicant may re-apply.
(i) Notice of Denial. If the
Commissioner denies a private personnel service license, the applicant shall be
notified of this fact by certified mail sent to his or her last known
address.
Authority
G.S.
95-47.2;
95-47.3;
95-47.9;
Eff. February
27, 1995;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. July 22,
2018.
