North Carolina Administrative Code
Title 13 - LABOR
Chapter 17 - PRIVATE PERSONNEL SERVICES
Section .0100 - PRIVATE PERSONNEL SERVICES REGULATIONS
Section 17 .0104 - CHANGE OF PRIVATE PERSONNEL SERVICE STATUS
Universal Citation: 13 NC Admin Code 17 .0104
Current through Register Vol. 39, No. 6, September 16, 2024
(a) Change of Private Personnel Service Name:
(1) Licensees
desiring to change the name of their private personnel service must give the
Commissioner 30 days advance written notice.
(2) In addition, the licensee must obtain a
rider to the surety bond showing the new name and submit it to the Division
before the new name can become final.
(3) In addition, when a change in name
requires a new filing of an assumed business name, a copy of the new filing
must be provided to the Commissioner before the new name can become
final.
(4) A change in the name
does not require a new license, only an amendment to the current
license.
(5) After completion of
the requirements in this Paragraph, the licensee shall return his current
license to the Division for such amendment and reissuance.
(b) Change of Private Personnel Service Location:
(1) Licensees desiring to change the
location of their private personnel service must give the Commissioner 30 days
advance written notice.
(2) A
change in the location of the private personnel service does not require a new
license, only an amendment to the current license.
(3) The licensee shall return his current
license to the Division for such amendment and reissuance.
(c) Assignment/Transfer of License:
(1) Licensees desiring to assign or transfer
their license to a new owner must give the Commissioner 30 days advance written
notice.
(2) In addition, the
proposed new owner must file an application for license with the Commissioner
and obtain a new surety bond.
(3)
After completion of the requirements in this Paragraph, the Commissioner shall
issue a temporary license in accordance with
G.S.
95-47.2(i).
(d) Relinquishment of License. Licensees desiring to relinquish their license must:
(1) Notify the Commissioner in
writing;
(2) Return the actual
license to the Division; and
(3)
Comply with the provisions in
G.S.
95-47.5 and Rule .0109 of this
Chapter.
(e) Cancellation of the Bond by the Surety:
(1)
Upon receipt of a Notice of Cancellation of the bond by the surety, the
Commissioner shall advise the licensee in writing of such cancellation. The
Division must receive a new bond prior to the effective date of cancellation of
the existing bond.
(2) If a new
bond is not received prior to the cancellation of the existing bond, the
Commissioner shall advise the licensee in writing that the Commissioner will
seek injunctive relief to suspend operation of the private personnel service
under G.S. 95-47.10 pending receipt of
the surety bond required by
G.S.
95-47.2(j).
(3) Failure to maintain the surety bond at
all times shall be grounds for revocation of the license by the
Commissioner.
(f) Disassociation of Manager:
(1) Should any
manager become disassociated with a licensee for any reason, the licensee shall
notify the Commissioner of this fact within 10 days and shall at that time
designate another manager unless there was more than one manager and the
remaining manager(s) will be managing the private personnel service without
replacement of the disassociating manager.
(2) A newly designated manager shall sign a
Release of Information authorization pursuant to Rule .0102 of this
Chapter.
(3) Upon completion of the
investigation and approval of the newly designated manager, the licensee shall
return his current license to the Division for such amendment and
reissuance.
Authority
G.S.
95-47.2;
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.
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