N.J. Admin. Code § 13:45B-2.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:45B-2.1 - Employment agency license requirements

(a) In order to open, conduct, or maintain an employment agency, the owner shall obtain an employment agency license by application to the Director and fulfillment of all requirements for such license. In addition to any other information the Director may require, an applicant for an employment agency license shall provide:

1. The complete name, business address, and telephone number of the owner(s); if a corporation, the name, address and telephone number of its officers and directors;

2. The business structure of the agency, that is, whether it is a sole proprietorship, a partnership, or a corporation; if a corporation, the state where it is incorporated;

3. The name, address, and telephone number of the person who is to be contacted on any matter related to the Act or these rules;

4. The type of services to be provided to the public;

5. Affidavits of at least two New Jersey citizens who have known the applicant (or the chief executive officer of a corporate applicant) for at least five years, attesting to the applicant's good moral character. If an applicant finds it impossible to submit affidavits from two New Jersey citizens, the applicant may substitute affidavits of two citizens of any state who have known the applicant for at least five years. In that case, however, the applicant shall also submit an affidavit substantiating why it is impossible for him or her to obtain the character affidavits from the required number of New Jersey citizens. All affidavits shall contain the address and the telephone number of the person signing the affidavit;

6. A disclosure statement as to whether the applicant (if a corporation, every officer and director) has ever been convicted of any crime as defined in N.J.S.A. 34:8-44a(1), (2), (3) and the nature of that crime or the equivalent under the laws of any jurisdiction; and

7. The licensure fee set forth in 13:45B-7.1.

(b) If the employment agency provides health care services, the applicant for an employment agency license shall include the following information on the application form in addition to the information required pursuant to (a) above:

1. The name, residence and business street address, and business telephone number of each person with an ownership interest in the agency and the percentage of ownership held;

2. The name, residence and business street address and business telephone number of each person who is a managing agent of the agency; or, if the managing agent is a corporation, association or other company, its name, street address and telephone number and the names and addresses of its officers and directors; and

3. The name and address of malpractice insurance carrier and malpractice insurance policy number.

(c) Every person, including an owner of a licensed employment agency, who places or refers jobseekers or furnishes information as to where the help or employment may be obtained, or who personally manages, operates, or carries on the business of an employment agency, shall obtain an employment agent's license by application to the Section and fulfill all requirements for such license.

(d) The holder of an employment agency license shall be under a continuing obligation to inform the Executive Director of any change in information contained in a license or license application, such as change of address, change of ownership, change of contact person, conviction of a crime, etc.

(e) An employment agency license may not be transferred by the licensee to another person or amended without the written consent of the Director, and payment of the total statutory annual fee by the new holder shall be required in order to effect the transfer, regardless of the date of original issuance or renewal.

(f) The Executive Director shall act upon any application for a license within 30 days after receiving it, except that the Director may extend the maximum time for acting upon an application to 60 days for the purpose of allowing an applicant to submit additional information or if a hearing on an application is required.

N.J. Admin. Code § 13:45B-2.1

Amended by R.1995 d.190, effective 4/3/1995.
See: 26 N.J.R. 4316(a), 27 N.J.R. 1430(a).
Amended by R.2008 d.254, effective 8/18/2008.
See: 40 N.J.R. 1762(a), 40 N.J.R. 4819(a).
In (a)5, deleted "and" from the end; in (a)6, substituted "; and" for a period at the end; and added (a)7.