Arkansas 2025 Regular Session

Arkansas Senate Bill SB278 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 438 of the Regular Session
3	2		LGL103 02/21/2025 3:52:17 PM LGL103
4	3		State of Arkansas 1
5	4		95th General Assembly A Bill 2
6	5		Regular Session, 2025 SENATE BILL 278 3
7	6		4
8	7		By: Senator J. English 5
9	8		By: Representative S. Meeks 6
10	9		7
11	10		For An Act To Be Entitled 8
12	11		AN ACT TO REPEAL THE STATUTES CONCERNING THE 9
13	12		OCCUPATIONAL AUTHORIZATION AND LICENSURE OF PRIVATE 10
14	13		EMPLOYMENT AGENCIES, EMPLOYMENT COUNSELORS, AND 11
15	14		EMPLOYMENT AGENCY MANAGERS; TO REPEAL THE ARKANSAS 12
16	15		PRIVATE EMPLOYMENT AGENCY ACT OF 1975; AND FOR OTHER 13
17	16		PURPOSES. 14
18	17		15
19	18		16
20	19		Subtitle 17
21	20		TO REPEAL THE STATUTES CONCERNING THE 18
22	21		OCCUPATIONAL AUTHORIZATION AND LICENSURE 19
23	22		OF CERTAIN EMPLOYMENT OFFICES AND 20
24	23		AGENCIES; AND TO REPEAL THE ARKANSAS 21
25	24		PRIVATE EMPLOYMENT AGENCY ACT OF 1975. 22
26	25		23
27	26		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
28	27		25
29	28		SECTION 1. Arkansas Code Title 11, Chapter 11, is repealed. 26
30	29		27
31	30		CHAPTER 11 — EMPLOYMENT OFFICES AND AGENCIES 28
32	31		29
33	32		Subchapter 1 — General Provisions 30
34	33		31
35	34		11-11-101. Recruitment of labor by foreign labor agents. 32
36	35		(a) No foreign labor agent, labor bureau or employment agency, or any 33
37	36		other person shall enter this state and attempt to hire, induce, or take from 34
38	37		this state any labor, singularly or in groups, for any purpose, whether or 35
39	38		not a fee or charge is extracted from the worker, without first applying to 36 SB278
40	39
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42	41		the Director of the Division of Labor for a license to do so and filing with 1
43	42		the director: 2
44	43		(1) A statement as to where the labor is to be taken, for what 3
45	44		purpose, for what length of time, and whether transportation is to be paid to 4
46	45		and from the destination, if temporary; 5
47	46		(2) A statement of the financial standing of the employer 6
48	47		desiring the labor; 7
49	48		(3) An affidavit of authority to represent the employer in this 8
50	49		state; and 9
51	50		(4) Whatever other information the director may require. 10
52	51		(b)(1) The director shall determine whether the person desiring the 11
53	52		labor from this state is a labor agent, labor bureau, or employment agency 12
54	53		and, if so, whether the applicant is qualified to be licensed under the laws 13
55	54		of this state and according to the provisions of this section. 14
56	55		(2) The director, after the investigation, may refuse to license 15
57	56		or register the applicant until the applicant has complied with the 16
58	57		provisions of this section. 17
59	58		(3) The applicant shall, in the event of unfavorable action by 18
60	59		the director, have the right of appeal to the proper court. 19
61	60		(c) This section is cumulative to all existing laws affecting the 20
62	61		hiring or employment of labor. 21
63	62		22
64	63		Subchapter 2 — Private Employment Agencies 23
65	64		24
66	65		11-11-201. Title. 25
67	66		This subchapter may be cited as the “Arkansas Private Employment Agency 26
68	67		Act of 1975”. 27
69	68		28
70	69		11-11-202. Definitions. 29
71	70		As used in this subchapter, unless the context otherwise requires: 30
72	71		(1) “Agency manager” means the individual designated by the 31
73	72		employment agency to conduct the general management, administration, and 32
74	73		operation of a designated employment agency office. Every employment agency 33
75	74		must maintain a licensed agency manager at each of its separate office 34
76	75		locations; 35
77	76		(2) “Applicant” except when used to describe an applicant for an 36 SB278
78	77
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80	79		employment agency or agency manager's or counselor's license means any 1
81	80		person, whether employed or unemployed, seeking or entering into an 2
82	81		arrangement for employment or change of employment through the medium or 3
83	82		service of an employment agency; 4
84	83		(5) “Employee” means a person performing or seeking to perform 5
85	84		work or service of any kind or character for compensation; 6
86	85		(6) “Employer” means a person employing or seeking to employ a 7
87	86		person for compensation; 8
88	87		(7)(A) “Employment agent” or “employment agency” means any 9
89	88		person engaged for hire, compensation, gain, or profit in the business of 10
90	89		furnishing persons seeking employment with information or other service 11
91	90		enabling the persons to procure employment by or through employers or 12
92	91		furnishing any other person who may be seeking to employ or may be in the 13
93	92		market for help of any kind with information enabling the other person to 14
94	93		procure help. 15
95	94		(B) However, “employment agent” or “employment agency” 16
96	95		does not mean: 17
97	96		(i) Any person who prepares resumes for individuals 18
98	97		for employment purposes if the person who prepares the resumes does not refer 19
99	98		or purport to refer prospective employees to employers or employers to 20
100	99		prospective employees, does not represent himself or herself as an employment 21
101	100		agency, or does not have any financial connection with any employment agency; 22
102	101		(ii) Any person who employs individuals to render 23
103	102		part-time or temporary services to, for, or under the direction of a third 24
104	103		person if the person employing the individuals, in addition to paying wages 25
105	104		or salaries, pays federal Social Security taxes and state and federal 26
106	105		unemployment insurance and secures work -service to, for, or under the 27
107	106		direction of a third person; 28
108	107		(iii) Any bona fide nursing school, nurses' 29
109	108		registry, management consulting firm, business school, or vocational school 30
110	109		whose primary function and purpose is training and education, except that if 31
111	110		such an organization charges a fee, directly or indirectly, for job placement 32
112	111		of individuals, the organization shall be an employment agency within the 33
113	112		meaning of this subchapter; 34
114	113		(iv) A labor organization; 35
115	114		(v) Any person who publishes advertisements placed 36 SB278
116	115
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118	117		and paid for by a third person seeking employment or an employee, provided 1
119	118		that the person does not procure or offer to procure employment or employees; 2
120	119		or 3
121	120		(vi) Any person who contracts with an employer to 4
122	121		recruit employees for the employer without charge to the prospective 5
123	122		employee; 6
124	123		(8) “Employment counselor” means an employee of any employment 7
125	124		agency who interviews, counsels, or advises applicants or employers, or both, 8
126	125		on employment or allied problems or who makes or arranges contracts or 9
127	126		contacts between employers and employees. The term “employment counselor” 10
128	127		includes employees who solicit orders for employees from prospective 11
129	128		employers; 12
130	129		(9) “Fee” shall mean anything of value, including any money or 13
131	130		other valuable consideration exacted, charged, collected, or received, 14
132	131		directly or indirectly, or paid or contracted to be paid for any services or 15
133	132		act by an employment agency; and 16
134	133		(10) “Person” means any individual, company, firm, association, 17
135	134		partnership, or corporation. 18
136	135		19
137	136		11-11-203. Penalty. 20
138	137		(a) The Director of the Division of Labor shall have authority to 21
139	138		impose a fine of not less than twenty -five dollars ($25.00) nor more than 22
140	139		five hundred dollars ($500) for violation of the provisions of this 23
141	140		subchapter by an employment agency or its employees or agents. 24
142	141		(b) The director shall notify the employment agency in writing of the 25
143	142		reasons for imposition of a fine and at that time shall make available to the 26
144	143		employment agency a signed written statement by any individual having filed a 27
145	144		complaint with the director relative to the matter for which a fine has been 28
146	145		imposed by the director. 29
147	146		(c) The agency shall have the right to a hearing before the director 30
148	147		and the right to judicial review provided by § 11 -11-223 with respect to the 31
149	148		fine. 32
150	149		33
151	150		11-11-204. Director and division — Powers and duties. 34
152	151		(a) It shall be the duty of the Division of Labor, and it shall have 35
153	152		the power, jurisdiction, and authority to administer and enforce the 36 SB278
154	153
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156	155		provisions of this subchapter. 1
157	156		(b) The Director of the Division of Labor shall have the power, 2
158	157		jurisdiction, and authority to issue licenses to employment agencies, agency 3
159	158		managers, and counselors and to refuse to issue, revoke, or suspend the 4
160	159		licenses when, after due investigation, and in compliance with the procedures 5
161	160		set forth in §§ 11-11-221 and 11-11-222, the director finds that the 6
162	161		applicant is for good and sufficient cause unfit to be an employment agent, 7
163	162		agency manager, or counselor within the meaning of this subchapter or any 8
164	163		rules or orders lawfully promulgated under this subchapter. 9
165	164		(c)(1) Complaints against any person, employment agent, agency 10
166	165		manager, or counselor may be made to the division orally or in writing. 11
167	166		(2) The director shall have the power to compel attendance of 12
168	167		witnesses by issuance of subpoenas, administer oaths, direct production of 13
169	168		documents and records, and direct taking of testimony and evidence concerning 14
170	169		all matters within the jurisdiction of the division. 15
171	170		(3) The director may order testimony to be taken by deposition 16
172	171		in any proceeding pending before the division at any stage of the proceeding. 17
173	172		(4) The director or his or her duly authorized agent shall at 18
174	173		all reasonable times have access to, for the purpose of examination and 19
175	174		copying, the books, records, papers, and documents of any person being 20
176	175		investigated or proceeded against under the provisions of this subchapter, so 21
177	176		long as the books, records, papers, or documents sought to be inspected or 22
178	177		copied are reasonably related to the investigation or proceeding being 23
179	178		conducted by the director. 24
180	179		(5) The director or his or her authorized agent shall, upon 25
181	180		application of any party to proceedings before the director, issue to the 26
182	181		party subpoenas requiring the attendance and testimony of witnesses or the 27
183	182		production of any books, records, papers, or documents reasonably related to 28
184	183		issues involved in proceedings before the director or an investigation 29
185	184		conducted by the director. 30
186	185		(6) If any person in proceedings before the director or in 31
187	186		investigations conducted by the director disobeys or resists any lawful order 32
188	187		or process issued by the director or his or her authorized agents, or fails 33
189	188		to produce, after being lawfully directed to do so, any book, paper, record, 34
190	189		or document, or refuses to appear and testify after being subpoenaed to do 35
191	190		so, the director shall certify the facts to any court of competent 36 SB278
192	191
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194	193		jurisdiction in the state or to the Pulaski County Circuit Court. 1
195	194		(7) The court shall have authority to conduct hearings and 2
196	195		punish any person for failure or refusal to testify or produce books, papers, 3
197	196		documents, or records subpoenaed or ordered by the director as though the 4
198	197		conduct constituted contempt of court. 5
199	198		(8) Witnesses summoned by the director or his or her authorized 6
200	199		agent shall be paid the same fees and mileage paid to witnesses in the courts 7
201	200		of this state. 8
202	201		(d)(1) The director may prescribe such rules for the conduct of the 9
203	202		business of private employment agencies as necessary to implement this 10
204	203		subchapter. 11
205	204		(2) These rules shall have the force and effect of law and shall 12
206	205		be enforced by the director in the same manner as the provisions of this 13
207	206		subchapter. 14
208	207		(3) Adoption of rules pursuant to this subsection shall be 15
209	208		carried out in compliance with the Arkansas Administrative Procedure Act, § 16
210	209		25-15-201 et seq. 17
211	210		(e) The division shall have authority to investigate employment 18
212	211		agents, agency managers, and counselors. The division shall have the right to 19
213	212		examine records required by law to be kept and maintained by employment 20
214	213		agents, agency managers, and counselors and to examine the offices where the 21
215	214		business is or shall be conducted by them. 22
216	215		(f) The division may seek to recover in a court of competent 23
217	216		jurisdiction fees charged or collected in violation of this subchapter. 24
218	217		25
219	218		11-11-208. License required — Penalties. 26
220	219		(a) No person shall engage in the business of or act as an employment 27
221	220		agent, agency manager, or counselor unless he or she first obtains a license 28
222	221		from the Division of Labor. 29
223	222		(b)(1)(A) Any person who shall engage in the business of or act as an 30
224	223		employment agent, agency manager, or counselor without first procuring a 31
225	224		license is guilty of a misdemeanor. 32
226	225		(B) He or she shall be punished by a fine of not less than 33
227	226		fifty dollars ($50.00) and not more than two hundred fifty dollars ($250) for 34
228	227		each day of acting as an employment agent, agency manager, or counselor 35
229	228		without a license or by imprisonment for not more than three (3) months, or 36 SB278
230	229
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232	231		by both. 1
233	232		(2) In addition to the penalties described in subdivision (b)(1) 2
234	233		of this section, upon petition of the Director of the Division of Labor, any 3
235	234		court in the state having the statutory power to enjoin or restrain shall 4
236	235		have jurisdiction to restrain and enjoin any person who engages in the 5
237	236		business of or acts as an employment agent, agency manager, or counselor 6
238	237		without having first procured a license for so engaging or acting. 7
239	238		8
240	239		11-11-209. Certificate of exemption required for certain 9
241	240		organizations. 10
242	241		(a) Bona fide nursing schools, nurses' registries, management 11
243	242		consulting firms, business schools, vocational schools whose primary function 12
244	243		and purpose is training and education, and resume services shall obtain from 13
245	244		the Director of the Division of Labor a certificate of exemption from the 14
246	245		requirements of this subchapter. 15
247	246		(b) In connection with issuance of a certificate of exemption and with 16
248	247		respect to an organization's continued eligibility for a previously issued 17
249	248		certificate of exemption, the director shall have those investigative powers 18
250	249		conferred by § 11-11-204. 19
251	250		20
252	251		11-11-210. Employment counselor's license — Application — 21
253	252		Qualifications. 22
254	253		(a) To be eligible for application for an employment counselor's 23
255	254		license, the applicant shall be: 24
256	255		(1) A citizen of the United States; 25
257	256		(2) Of good moral character; 26
258	257		(3) A person whose license has not been revoked within two (2) 27
259	258		years from the date of application; and 28
260	259		(4) Able to demonstrate business integrity. 29
261	260		(b)(1) Every applicant for an initial license for employment counselor 30
262	261		shall file with the Division of Labor a written application on a form 31
263	262		prescribed and furnished by the Director of the Division of Labor. 32
264	263		(2) The applicant shall file at least two (2) letters of 33
265	264		character reference from persons of reputed business or professional 34
266	265		integrity. 35
267	266		(3) This application shall contain information prescribed by the 36 SB278
268	267
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270	269		director. 1
271	270		2
272	271		11-11-211. Agency manager license — Application — Qualifications. 3
273	272		(a) To be eligible to apply for a license to act as an agency manager, 4
274	273		the applicant shall be: 5
275	274		(1) A citizen of the United States; 6
276	275		(2) Of good moral character; 7
277	276		(3) At least twenty -one (21) years of age; 8
278	277		(4) A person whose license has not been revoked within two (2) 9
279	278		years from the date of the application; 10
280	279		(5) A person who has completed the twelfth grade, except that 11
281	280		the Director of the Division of Labor may establish proof necessary to him or 12
282	281		her that the applicant is possessed of a twelfth -grade education in terms of 13
283	282		intellectual competency, judgment, and achievement; and 14
284	283		(6) A person who demonstrates business integrity, financial 15
285	284		responsibility, and judgment. 16
286	285		(b)(1) Every applicant for an initial license for agency manager shall 17
287	286		file with the Division of Labor a written application on a form prescribed 18
288	287		and furnished by the director. 19
289	288		(2) The applicant shall file at least two (2) letters of 20
290	289		character reference from persons of reputed business or professional 21
291	290		integrity. 22
292	291		(3) This application shall contain information prescribed by the 23
293	292		director. 24
294	293		25
295	294		11-11-212. Employment agency license — Application — Qualifications. 26
296	295		(a) To be eligible to apply for a license to operate an employment 27
297	296		agency, the applicant shall be: 28
298	297		(1) A citizen of the United States; 29
299	298		(2) Of good moral character; 30
300	299		(3) At least twenty -one (21) years of age; 31
301	300		(4) A person whose license has not been revoked within two (2) 32
302	301		years from the date of the application; 33
303	302		(5) A person who has completed the twelfth grade, except that 34
304	303		the Director of the Division of Labor may establish proof necessary to him or 35
305	304		her that the applicant is possessed of a twelfth -grade education in terms of 36 SB278
306	305
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308	307		intellectual competency, judgment, and achievement; and 1
309	308		(6) A person who demonstrates business integrity, financial 2
310	309		responsibility, and judgment. 3
311	310		(b)(1) Every applicant for an initial employment agency license and 4
312	311		every applicant for a renewal license shall file with the Director of the 5
313	312		Division of Labor a completed application on a form prescribed and furnished 6
314	313		by the Director of the Division of Labor. 7
315	314		(2)(A) The application shall be signed by the applicant and 8
316	315		sworn to before anyone qualified by law to administer oaths. 9
317	316		(B) If the applicant is a corporation, the application 10
318	317		shall state the names and home addresses of all shareholders, officers, and 11
319	318		directors of the corporation and shall be signed and sworn to by the 12
320	319		president, treasurer, and secretary thereof. 13
321	320		(C) If the applicant is a partnership, the application 14
322	321		shall state the names and home addresses of all partners therein and shall be 15
323	322		signed and sworn to by all of them. 16
324	323		(3) The applicant shall file at least two (2) letters of 17
325	324		character reference from persons of reputed business or professional 18
326	325		integrity. 19
327	326		(4) This application shall also contain such other information 20
328	327		as the Director of the Division of Labor may prescribe. 21
329	328		22
330	329		11-11-213. Employment agency license — Bond required — Action on the 23
331	330		bond. 24
332	331		(a)(1) Every application for issuance or renewal of an employment 25
333	332		agency's license shall be accompanied by a bond in the sum of five thousand 26
334	333		dollars ($5,000) with a duly licensed surety company or companies authorized 27
335	334		to do business in this state. 28
336	335		(2) The terms and conditions of the bond shall be approved by 29
337	336		the Director of the Division of Labor. 30
338	337		(3) The bond shall be conditioned that the employment agency and 31
339	338		each member, employee, shareholder, director, or officer of a person, firm, 32
340	339		partnership, corporation, or association operating as the employment agency 33
341	340		will not violate the provisions of this subchapter or violate rules or orders 34
342	341		lawfully promulgated by the director or violate the terms of any contract 35
343	342		made by the employment agent in the conduct of its business. 36 SB278
344	343
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346	345		(b)(1) If any person shall be aggrieved by the misconduct of any 1
347	346		licensee, that person may maintain an action in his or her own name upon the 2
348	347		bond of the employment agency in any court of competent jurisdiction or in 3
349	348		the Pulaski County Circuit Court. 4
350	349		(2)(A) All claims shall be assignable, and the assignee shall be 5
351	350		entitled to the same remedies upon the bond of the licensee as the person 6
352	351		aggrieved would have been entitled to if the claim had not been assigned. 7
353	352		(B) Any claim so assigned may be enforced in the name of 8
354	353		the assignee. 9
355	354		(3) Any remedies given by this section shall not be exclusive of 10
356	355		any other remedy that would otherwise exist. 11
357	356		(c) Action on the bond required by this section may be maintained by 12
358	357		the director in the name of the state in any court of competent jurisdiction 13
359	358		or in the Pulaski County Circuit Court, for the benefit of any person or 14
360	359		persons aggrieved by the misconduct of the licensee. 15
361	360		(d)(1) If any licensee fails to file a new bond with the Division of 16
362	361		Labor within thirty (30) days after notice of cancellation by the surety of 17
363	362		the bond required by this section, the license issued to the principal under 18
364	363		the bond is suspended until such time as a new surety bond is filed with and 19
365	364		approved by the director. 20
366	365		(2) A person whose license is suspended pursuant to this 21
367	366		subsection shall not carry on the business of an employment agency during the 22
368	367		period of the suspension. 23
369	368		24
370	369		11-11-214. Investigation of license applicant by director. 25
371	370		(a) Upon filing of an application for a license as provided in this 26
372	371		subchapter, the Director of the Division of Labor shall cause an 27
373	372		investigation to be made regarding the character, business integrity, and 28
374	373		financial responsibility of the license applicant. 29
375	374		(b) The director shall also determine the suitability or unsuitability 30
376	375		of the applicant's proposed office location. 31
377	376		(c) An application for an employment agency's, agency manager's, or 32
378	377		employment counselor's license shall be rejected by the director if it is 33
379	378		found that any person named in the license application is not of good moral 34
380	379		character, business integrity, or financial responsibility or if there is 35
381	380		good and sufficient reason within the meaning and purpose of this subchapter 36 SB278
382	381
383	382		11 02/21/2025 3:52:17 PM LGL103
384	383		for rejecting the application. 1
385	384		2
386	385		11-11-215. Employment agency license — Scope — Change of license. 3
387	386		(a)(1) An employment agent's license issued pursuant to this 4
388	387		subchapter shall protect only those persons to whom it is issued and only the 5
389	388		location for which it is issued. 6
390	389		(2) A separate license shall be required for each separate 7
391	390		office location operated by an employment agency. 8
392	391		(3) No license shall be valid to protect any business transacted 9
393	392		under any name other than that designated in the license. 10
394	393		(b) No employment agent shall permit any person not mentioned in the 11
395	394		license or license application to become a member, officer, director, 12
396	395		shareholder, or partner in the conduct of the business of the employment 13
397	396		agent unless written consent of the Director of the Division of Labor and 14
398	397		written consent of the surety on the bond required by this subchapter shall 15
399	398		first be obtained. 16
400	399		(c) The location of an employment agency shall not be changed without 17
401	400		written consent from the Director of the Division of Labor, and a new license 18
402	401		application shall be required for any change of office location in excess of 19
403	402		twenty-five (25) miles. 20
404	403		(d) A charge of ten dollars ($10.00) shall be made by the Division of 21
405	404		Labor for the recording of authorization for each change of office location 22
406	405		authorized by this section. 23
407	406		24
408	407		11-11-216. Examination for licenses. 25
409	408		(a)(1)(A) Before the Director of the Division of Labor issues a 26
410	409		license to an applicant for a permanent employment agent's, permanent agency 27
411	410		manager's, or permanent counselor's license, the applicant shall be required 28
412	411		to successfully complete a written examination prepared by the director. 29
413	412		(B) The examination shall establish the competency of the 30
414	413		applicant to: 31
415	414		(i) Operate and conduct an employment agency; or 32
416	415		(ii) Perform service as an agency manager or counselor for 33
417	416		the agency. 34
418	417		(2) No examination shall be required for renewal of any license 35
419	418		issued pursuant to this subchapter unless the license has been suspended, 36 SB278
420	419
421	420		12 02/21/2025 3:52:17 PM LGL103
422	421		revoked, or submitted late, causing the application to be treated as a new 1
423	422		application. 2
424	423		(b) The Division of Labor shall hold examinations at such times and 3
425	424		places as it shall reasonably determine, except that examinations shall be 4
426	425		given to license applicants at least once every sixty (60) days. 5
427	426		(c)(1) An examination fee of five dollars ($5.00) shall be paid by 6
428	427		each applicant in addition to the license fee. 7
429	428		(2) The examination fee shall be retained by the division, 8
430	429		whether or not the applicant successfully completes the examination. 9
431	430		(3) The examination fee shall be forfeited if the applicant does 10
432	431		not take the examination within three (3) months of the application date. 11
433	432		12
434	433		11-11-217. License fees. 13
435	434		(a) Before a permanent license shall be granted to a license 14
436	435		applicant, an applicant shall pay the following annual fee for each license: 15
437	436		(1) Two hundred fifty dollars ($250) for an employment agency; 16
438	437		(2) Twenty-five dollars ($25.00) for an employment agency 17
439	438		manager; and 18
440	439		(3) Twenty dollars ($20.00) for an employment counselor. 19
441	440		(b) Multiple licenses for a person simultaneously performing the 20
442	441		functions of employment agent, agency manager, or employment counselor will 21
443	442		not be required. The person shall procure a license commensurate with the 22
444	443		highest level of job duties and responsibilities customarily and regularly 23
445	444		performed by the person. 24
446	445		(c) All moneys received from licensing shall be deposited into the 25
447	446		general fund of the State Treasury. 26
448	447		27
449	448		11-11-218. Temporary licenses. 28
450	449		(a)(1) The Director of the Division of Labor shall have authority to 29
451	450		issue a temporary license for operation of a private employment agency, which 30
452	451		shall be valid for no more than ninety (90) days, upon submission by the 31
453	452		applicant for the license of: 32
454	453		(A) A properly completed application form furnished and 33
455	454		approved by the director; 34
456	455		(B) Submission of evidence of the applicant's compliance 35
457	456		with the bonding requirements of this subchapter; and 36 SB278
458	457
459	458		13 02/21/2025 3:52:17 PM LGL103
460	459		(C) Payment of a temporary license fee of one hundred 1
461	460		dollars ($100). 2
462	461		(2) The temporary license may be issued only if, after 3
463	462		investigation, it reasonably appears that the applicant will meet the 4
464	463		qualifications for a permanent private employment agency license. 5
465	464		(b)(1) The director shall have authority to issue temporary licenses 6
466	465		for agency managers and employment counselors, which shall be valid for no 7
467	466		more than ninety (90) days, upon submission by the applicant for such license 8
468	467		of: 9
469	468		(A) A properly completed application form, furnished and 10
470	469		approved by the director; and 11
471	470		(B) Payment of a temporary license fee of ten dollars 12
472	471		($10.00). 13
473	472		(2) The temporary licenses for agency managers and employment 14
474	473		counselors may be issued only if, after investigation, it reasonably appears 15
475	474		that the applicant will meet the qualifications for a permanent license as 16
476	475		agency manager or employment counselor. 17
477	476		(3) Temporary licenses issued to agency managers and employment 18
478	477		counselors are nontransferable and are automatically rescinded upon 19
479	478		suspension or termination of the employment of the agency manager or 20
480	479		employment counselor. 21
481	480		(4) The director shall approve or reject an application for a 22
482	481		temporary agency manager's license or temporary employment counselor's 23
483	482		license within five (5) days after receipt of a properly completed 24
484	483		application for the license. 25
485	484		26
486	485		11-11-219. Renewal of licenses. 27
487	486		(a) Every license issued pursuant to this subchapter shall remain in 28
488	487		force for one (1) year from the date of issue or until the end of the state's 29
489	488		fiscal year, whichever occurs first, unless the license has been revoked 30
490	489		pursuant to the provisions of this subchapter. 31
491	490		(b) Applications for renewal of all licenses provided by this 32
492	491		subchapter must be filed with the Director of the Division of Labor no later 33
493	492		than thirty (30) days prior to expiration of the license. 34
494	493		(c) Any licensee who fails to renew a license by the expiration date 35
495	494		shall be automatically suspended from the right to engage in the activity 36 SB278
496	495
497	496		14 02/21/2025 3:52:17 PM LGL103
498	497		authorized by the license until the license is renewed. 1
499	498		(d) Every application for renewal of a license must be accompanied by 2
500	499		payment of the required license fee and evidence of compliance with the 3
501	500		bonding requirements of this subchapter. 4
502	501		5
503	502		11-11-220. Cessation of business by licensee. 6
504	503		(a)(1) If an employment agent ceases business operations, the agent 7
505	504		shall, as soon as reasonably possible, notify the Division of Labor and shall 8
506	505		deliver or forward by mail the agent's license to the division. Failure to 9
507	506		give notice, or failure to deliver such employment agent's license, shall be 10
508	507		a violation of § 11-11-208. 11
509	508		(2)(A) When one (1) or more individuals, on the basis of whose 12
510	509		qualifications an agency license has been obtained, ceases to be connected 13
511	510		with the licensed business for any reason whatsoever, the agency business may 14
512	511		be carried on for a temporary period not to exceed thirty (30) days, under 15
513	512		such terms and conditions as the Director of the Division of Labor shall 16
514	513		provide by rule for the orderly closing of the business or the replacement 17
515	514		and qualification of a new member, partner, or corporate officer, director, 18
516	515		or shareholder. 19
517	516		(B) The agency's authorization to continue to do business 20
518	517		under this subchapter beyond the thirty -day period provided in this 21
519	518		subdivision (a)(2) shall be contingent upon approval by the Director of the 22
520	519		Division of Labor of any new member, principal, partner, officer, director, 23
521	520		or shareholder. 24
522	521		(b)(1) If an agency manager terminates his or her employment with an 25
523	522		employment agency by which he or she is employed, the agency shall notify the 26
524	523		division, as soon as is reasonably possible, to enable the division to know 27
525	524		at all times the identity of the person charged with the general management 28
526	525		of each of the agency's office locations. 29
527	526		(2) The employment agency shall also deliver or forward by mail 30
528	527		the agency manager's license, together with the reasons why the agency 31
529	528		manager has terminated his or her position with the employment agency. 32
530	529		(c) If an employment counselor terminates his or her employment with 33
531	530		the employment agency by which he or she is employed, the agency shall, as 34
532	531		soon as is reasonably possible, notify the division and deliver or forward by 35
533	532		mail the employment counselor's license to the division, together with the 36 SB278
534	533
535	534		15 02/21/2025 3:52:17 PM LGL103
536	535		reasons for his or her termination. 1
537	536		2
538	537		11-11-221. Issuance, refusal, suspension, or revocation of license — 3
539	538		Grounds. 4
540	539		(a) The Director of the Division of Labor shall issue a license as an 5
541	540		employment agent, agency manager, or counselor to any person who qualifies 6
542	541		for the license under the terms of this subchapter. 7
543	542		(b) The director may, in addition, refuse to issue a license to any 8
544	543		person or may suspend or revoke the license of any employment agent, agency 9
545	544		manager, or employment counselor or impose administrative fines as provided 10
546	545		for in § 11-11-203 when the director finds that any of the following 11
547	546		conditions exist: 12
548	547		(1) That the employment agent, agency manager, or counselor has 13
549	548		violated any of the provisions of this subchapter; 14
550	549		(2) That the employment agent, agency manager, or counselor has 15
551	550		violated any of the rules or other orders lawfully promulgated by the 16
552	551		director; 17
553	552		(3) That the employment agent, agency manager, or counselor has 18
554	553		violated the conditions of the bond required by § 11 -11-213; 19
555	554		(4) That the person, employment agent, agency manager, or 20
556	555		employment counselor has engaged in a fraudulent, deceptive, or dishonest 21
557	556		practice; 22
558	557		(5) That the person, employment agent, agency manager, or 23
559	558		employment counselor has been legally adjudicated incompetent; or 24
560	559		(6) That the applicant is for good and sufficient cause unfit to 25
561	560		be an employment agent, agency manager, or employment counselor within the 26
562	561		meaning of this subchapter or of any of the rules or orders lawfully 27
563	562		promulgated by the director. 28
564	563		(c) This section and § 11 -11-222 shall not be construed to relieve any 29
565	564		person from civil liability or from criminal prosecution under the provisions 30
566	565		of this subchapter or under other laws of this state. 31
567	566		32
568	567		11-11-222. Refusal, suspension, or revocation of license — Notice and 33
569	568		hearing. 34
570	569		(a)(1) The Director of the Division of Labor may not refuse to issue a 35
571	570		license or suspend or revoke a license unless it furnishes the person, 36 SB278
572	571
573	572		16 02/21/2025 3:52:17 PM LGL103
574	573		employment agent, agency manager, or employment counselor with a written 1
575	574		statement of the charges against him or her and affords him or her an 2
576	575		opportunity to be heard on the charges. 3
577	576		(2) At the time that written charges are furnished to an 4
578	577		employment agency, the director shall make available to the agency a signed 5
579	578		written statement by any individual having filed a complaint with the 6
580	579		director relative to the matter for which charges have been filed by the 7
581	580		director. 8
582	581		(3) The agency shall be given at least twenty (20) days’ written 9
583	582		notice of the date and time of the hearing. The notice shall conform to the 10
584	583		standards for notices set forth in the Arkansas Administrative Procedure Act, 11
585	584		§ 25-15-201 et seq. 12
586	585		(4) The notice shall be sent by certified mail, return receipt 13
587	586		requested, to the address of the person as shown on his or her application 14
588	587		for license, or it may be served in the manner in which a summons is served 15
589	588		in civil cases commenced in the circuit courts of this state. 16
590	589		(b)(1) At the time and place fixed for the hearing, the director shall 17
591	590		hold the hearing and thereafter make his or her order either dismissing the 18
592	591		charges or refusing, suspending, or revoking the license. 19
593	592		(2)(A) At the hearing, the accused shall have the right to 20
594	593		appear personally and by counsel and to cross -examine witnesses against him 21
595	594		or her. 22
596	595		(B)(i) He or she shall be allowed to produce evidence and 23
597	596		witnesses in his or her defense and shall have the right to have witnesses 24
598	597		subpoenaed. 25
599	598		(ii) The subpoenas shall be issued by the director. 26
600	599		(c)(1) A stenographic record of all proceedings shall be made, and a 27
601	600		transcript of the proceedings shall be made if desired by the Division of 28
602	601		Labor or by the accused. 29
603	602		(2) The transcript shall be paid for by the party ordering it. 30
604	603		31
605	604		11-11-223. Judicial review of director's administrative orders. 32
606	605		(a) If the Director of the Division of Labor refuses to grant a 33
607	606		license, suspends or revokes a license that has been granted, or imposes an 34
608	607		administrative fine as provided in §§ 11 -11-213, 11-11-221, and 11-11-222, 35
609	608		the person adversely affected or aggrieved by the order of the director 36 SB278
610	609
611	610		17 02/21/2025 3:52:17 PM LGL103
612	611		issued pursuant to the provisions of §§ 11 -11-221 and 11-11-222 may obtain a 1
613	612		review of the order. 2
614	613		(b) The order may be brought in the circuit court in the judicial 3
615	614		district in which the violation is alleged to have occurred, where the 4
616	615		employment agent, manager, or counselor worked, or in the Pulaski County 5
617	616		Circuit Court or, if the aggrieved person is a nonresident of the state, in 6
618	617		the Pulaski County Circuit Court. 7
619	618		(c)(1) The review may be obtained by filing in the court within thirty 8
620	619		(30) days following the issuance of the order a written petition praying that 9
621	620		the order be modified or set aside. 10
622	621		(2)(A) A copy of the petition shall be forthwith transmitted by 11
623	622		the clerk of the court to the Division of Labor. 12
624	623		(B) Thereupon, the division shall file in the court the 13
625	624		record of proceedings before the division. 14
626	625		(d) Upon the filing, the court shall have jurisdiction of the 15
627	626		proceedings and of the questions determined therein and shall have power to 16
628	627		grant such temporary relief or restraining order as it deems just and proper 17
629	628		and to make and enter upon the pleadings, testimony, and proceedings set 18
630	629		forth in the record a decree affirming, modifying, or setting aside, in whole 19
631	630		or in part, the order of the director and enforcing the same to the extent 20
632	631		that the order is affirmed. 21
633	632		(e) Commencement of proceedings under this section shall not, unless 22
634	633		ordered by the court, operate as a stay of the order of the director. 23
635	634		(f)(1) No objection which has not been urged before the director shall 24
636	635		be considered by the court. 25
637	636		(2) The findings of the director with respect to questions of 26
638	637		fact, if supported by substantial evidence on the record considered as a 27
639	638		whole, shall be conclusive. 28
640	639		(g)(1) If any party shall apply to the court for leave to adduce 29
641	640		additional evidence and shall show to the satisfaction of the court that the 30
642	641		additional evidence is material and that there were reasonable grounds for 31
643	642		the failure to adduce the evidence in the hearing before the director, the 32
644	643		court may order the additional evidence to be taken before the director and 33
645	644		made a part of the record. 34
646	645		(2)(A) The director may modify his or her findings as to the 35
647	646		facts or make new findings, by reason of additional evidence so taken and 36 SB278
648	647
649	648		18 02/21/2025 3:52:17 PM LGL103
650	649		filed, and the director shall file the modified or new findings with the 1
651	650		court. 2
652	651		(B) The findings with respect to questions of fact, if 3
653	652		supported by substantial evidence on the record considered as a whole, shall 4
654	653		be conclusive. 5
655	654		(h) Upon the filing of the record with it, the jurisdiction of the 6
656	655		court shall be exclusive, and its judgment and decree shall be final, except 7
657	656		that it shall be subject to review by the Supreme Court. 8
658	657		(i)(1) The division shall certify the record of its proceedings if the 9
659	658		party commencing the proceedings shall pay to it the cost of preparing and 10
660	659		certifying the records, including the recording and transcribing of all 11
661	660		testimony introduced in the proceedings. 12
662	661		(2) If payment of the costs of preparing and certifying the 13
663	662		records, including the recording and transcribing of all testimony introduced 14
664	663		in the proceedings, is not made by the party commencing the proceedings for 15
665	664		review within ten (10) days after notice from the division of the cost of 16
666	665		preparing and certifying the record, the circuit court in which the 17
667	666		proceeding is pending, on motion of the director, shall dismiss the petition. 18
668	667		19
669	668		11-11-224. Deceptive practices. 20
670	669		(a) No employment agent shall publish or cause to be published any 21
671	670		fraudulent or misleading notice or advertisement of the employment agency by 22
672	671		means of cards, circulars, or signs or in newspapers or other publications. 23
673	672		(b) All letterheads, receipts, and blanks shall contain the full name 24
674	673		and address of the employment agency, and the licensee shall state in all 25
675	674		notices and advertisements the fact that the licensee is or conducts a 26
676	675		private employment agency. 27
677	676		(c) No employment agency shall print, publish, or paint on any sign or 28
678	677		window or insert in any newspaper or publication a name similar to that of 29
679	678		the Arkansas State Employment Service or any other governmental agency. 30
680	679		(d) No employment agency shall print or stamp on any receipt or on any 31
681	680		contract used by the agency any part of this subchapter unless the entire 32
682	681		section from which the part is taken is printed or stamped thereon. 33
683	682		(e) No employment agency shall allow any person in its employment to 34
684	683		use any names other than their legal names in the course of and in respect to 35
685	684		their employment with the agency. 36 SB278
686	685
687	686		19 02/21/2025 3:52:17 PM LGL103
688	687		(f) No employment agency or its employees or agents shall give any 1
689	688		information or make any representation to any applicant, where the agency or 2
690	689		its employees or agents know or reasonably should know that the information 3
691	690		or representation is false. 4
692	691		(g) No employment agency or its employees or agents shall knowingly 5
693	692		withhold from a job applicant any information material to a job to which that 6
694	693		applicant is referred. 7
695	694		(h) No employment agent or its agents or employees shall engage in any 8
696	695		conduct in the course of its business that constitutes a fraudulent, 9
697	696		dishonest, or deceptive practice, whether or not the conduct is prohibited by 10
698	697		this subchapter. 11
699	698		(i) No contracts, forms, or schedules used by employment agencies in 12
700	699		their dealings with the public shall contain any false, ambiguous, or 13
701	700		misleading information. 14
702	701		15
703	702		11-11-225. Miscellaneous restrictions and requirements. 16
704	703		In addition to other provisions of this subchapter, the following 17
705	704		provisions shall govern each and every employment agency: 18
706	705		(1) Every employment agent or agency shall display his, her, or 19
707	706		its license in a conspicuous place in the main office of the agency. Managers 20
708	707		and counselors shall display their licenses in a conspicuous place in their 21
709	708		offices or work areas; 22
710	709		(2)(A) All advertising by an employment agency of any form or 23
711	710		kind shall include the words “employment agency” or “personnel agency”. 24
712	711		(B) Advertising for an employment position with the agency 25
713	712		itself shall clearly convey the information that the job position offered is 26
714	713		with the employment agency publishing the advertisement; 27
715	714		(3) No employment agency or its agents or employees shall 28
716	715		receive or require any applicant to execute any power of attorney, assignment 29
717	716		of wages or salary, or note authorizing the confession of judgment; 30
718	717		(4) No employment agent, by himself or herself, or by his or her 31
719	718		agents or employees, shall solicit, persuade, or induce any employee to leave 32
720	719		any employment in which the employment agent or his or her agent has placed 33
721	720		the employee, nor shall any employment agency or any of its agents or 34
722	721		employees solicit, persuade, or induce any employer to discharge any 35
723	722		employee, nor shall any employment agent, or his or her agents or employees, 36 SB278
724	723
725	724		20 02/21/2025 3:52:17 PM LGL103
726	725		divide or offer to divide or share directly or indirectly any fee, charge, or 1
727	726		compensation received, or to be received, from an employee with any employer 2
728	727		or persons in any way connected with the business thereof; 3
729	728		(5)(A) No employment agent by himself or herself or by his or 4
730	729		her agents or employees shall give or promise to give anything of intrinsic 5
731	730		value to any employer or applicant for employment as an inducement to use the 6
732	731		services of his or her employment agency. 7
733	732		(B) No fee shall be solicited or accepted as an 8
734	733		application or registration fee by an employment agent for the purpose of 9
735	734		registering any person as an applicant for employment; 10
736	735		(6) No employment agency or its agents or employees shall 11
737	736		advertise or make a referral for any job position without having first 12
738	737		obtained a bona fide job order therefor; 13
739	738		(7) No employment agency or its agents or employees shall refer 14
740	739		an applicant for a job or job interview unless the applicant has been 15
741	740		personally interviewed by the employment agency or its agents or employees or 16
742	741		has corresponded with the employment agency with the specific purpose of 17
743	742		securing employment through that employment agency; 18
744	743		(8)(A) Every employment agency shall inform the public by a 19
745	744		conspicuous sign or poster that the employment agency is subject to the 20
746	745		requirements of this subchapter, which is administered and enforced by the 21
747	746		Division of Labor. 22
748	747		(B) The division shall prepare and distribute the sign or 23
749	748		poster to be used by agencies to comply with this subdivision (8); 24
750	749		(9) No employment agency or its agents or employees shall 25
751	750		knowingly send an applicant to any place where a strike, lockout, or other 26
752	751		labor dispute exists; 27
753	752		(10) No agency shall use any trade name or business identity 28
754	753		similar to, or reasonably likely to be confused with, the trade name or 29
755	754		business identity of an existing agency or any governmental nonprofit 30
756	755		employment agency; 31
757	756		(11) No employment agency shall refer an applicant to a 32
758	757		situation, employment, or occupation prohibited by law; 33
759	758		(12) No employment agency shall charge a fee to an employee for 34
760	759		any services other than actual placement of an applicant; 35
761	760		(13) No employment agency shall charge an applicant a fee for 36 SB278
762	761
763	762		21 02/21/2025 3:52:17 PM LGL103
764	763		accepting employment with the employment agency or any subsidiary of that 1
765	764		agency; 2
766	765		(14) Any information regarding an applicant's background or 3
767	766		credit, from whatever source obtained, shall be used for no purpose other 4
768	767		than assisting the applicant in securing employment. However, an employment 5
769	768		agency may use background and credit information regarding an applicant in 6
770	769		determining whether to conduct placement services for the applicant if the 7
771	770		applicant gives written authorization for securing the information and 8
772	771		understands the purpose for which the information is secured; 9
773	772		(15) No employment agency or its agents or employees shall 10
774	773		engage in any practice that discriminates against any person on the basis of 11
775	774		race, color, sex, age, religion, or national origin; 12
776	775		(16) Under no circumstances shall more than one (1) fee for any 13
777	776		one (1) placement be charged any applicant; 14
778	777		(17) No contracts, forms, or schedules used by employment 15
779	778		agencies shall contain any provisions in conflict with the provisions of this 16
780	779		subchapter; and 17
781	780		(18) All refunds due shall be made by the agency by cash, check, 18
782	781		or money order promptly when due. 19
783	782		20
784	783		11-11-226. Designation of manager required. 21
785	784		(a) Every employment agency shall designate an agency manager at each 22
786	785		office location of that agency, who shall be responsible for the general 23
787	786		management, administration, and operation of that office location. 24
788	787		(b) The agency manager must comply with the licensing requirements of 25
789	788		§§ 11-11-210 — 11-11-212, 11-11-214, 11-11-217, 11-11-218, 11-11-220(a)(1) 26
790	789		and (b), and 11-11-226. 27
791	790		(c) Every employment agency must maintain an agency manager at each of 28
792	791		its office locations. 29
793	792		30
794	793		11-11-227. Fee restrictions and requirements. 31
795	794		(a) When employment lasts less than ninety (90) calendar days, 32
796	795		regardless of the reason, no employment agency may charge an employee a fee 33
797	796		of more than one-ninetieth (1/90th) of the permanent placement fee for each 34
798	797		calendar day of the employment. Under no circumstances shall the fee exceed 35
799	798		twenty percent (20%) of an employee's actual gross earnings if employment 36 SB278
800	799
801	800		22 02/21/2025 3:52:17 PM LGL103
802	801		lasts less than thirty (30) days or forty percent (40%) of an employee's 1
803	802		actual gross earnings if employment lasts more than thirty (30) days but less 2
804	803		than ninety (90) days. 3
805	804		(b)(1) When a promissory note is used by the agency, it shall be 4
806	805		clearly identified as such and shall not be executed until the placement is 5
807	806		made. 6
808	807		(2) The defense of no or insufficient consideration shall be 7
809	808		good as against a holder of any such employment agency fee note. 8
810	809		(c)(1) When a dispute concerning a fee exists, the Division of Labor 9
811	810		may conduct an investigation to determine all of the facts concerning the 10
812	811		dispute. Thereafter, the Director of the Division of Labor shall issue a 11
813	812		decision and order resolving the dispute. 12
814	813		(2) Any person aggrieved by this decision and order may obtain 13
815	814		review of this decision and order pursuant to § 11 -11-222. 14
816	815		(d)(1) Any schedule of fees to be charged by an employment agency for 15
817	816		its services shall be furnished to all applicants upon making application 16
818	817		with the agency. 17
819	818		(2)(A) The forms, fee schedules, and contracts utilized by an 18
820	819		employment agency shall contain no ambiguous, false, or misleading 19
821	820		information. 20
822	821		(B) No contract or fee schedule shall contain smaller than 21
823	822		eight-point type. 22
824	823		(e)(1) All fee schedules used in the business of an employment agency 23
825	824		must be furnished to job applicants and fee -paying employers and shall state 24
826	825		in dollars and cents the amount of any fee charged by the agency for its 25
827	826		services. 26
828	827		(2) Percentages shall not be used by agencies in schedules of 27
829	828		fees to be charged for their services, except when the annual salary for a 28
830	829		job is twelve thousand dollars ($12,000) or more. 29
831	830		(f) It shall be unlawful for any employment agency to impose, enforce, 30
832	831		collect, or receive a fee for performance of any service for a job applicant, 31
833	832		or for a prospective employer, unless the agency makes every reasonable 32
834	833		effort to disclose the exact dollar amount of the fee to the applicant or 33
835	834		prospective employer prior to commencement of employment of an applicant by 34
836	835		an employer. 35
837	836		(g) Nothing in this section or this subchapter shall be construed to 36 SB278
838	837
839	838		23 02/21/2025 3:52:17 PM LGL103
840	839		prohibit an employment agency from contracting with an employer on a fee -paid 1
841	840		basis to pay the fee for the placement services for an employee without an 2
842	841		actual job placement or to prohibit an agency from charging a fee to an 3
843	842		employer for a retained services contract to search for applicants for an 4
844	843		employer without an actual job placement. 5
845	844		6
846	845		11-11-228. Filing of fee schedule, forms, and contracts required. 7
847	846		(a) It shall be the duty of every employment agency to file with the 8
848	847		Division of Labor a schedule of all fees, charges, and commissions that the 9
849	848		agency expects to charge and collect for its service, together with a copy of 10
850	849		all forms and contracts to be used in dealings with the public in the 11
851	850		operation of its business. 12
852	851		(b) The fee schedules, contracts, and forms shall be filed with the 13
853	852		division on the date of the agency's application for initial or renewal 14
854	853		licensing under this subchapter. 15
855	854		(c) Any amendments or supplements to fee schedules, contracts, or 16
856	855		forms filed with the division must be filed at least fifteen (15) days before 17
857	856		the amendment or supplement is to become effective. 18
858	857		(d) It shall be unlawful for any employment agency to charge, demand, 19
859	858		collect, or receive a greater compensation for any service performed by the 20
860	859		agency than is specified in fee schedules filed with the division or than is 21
861	860		specified by this subchapter. 22
862	861		23
863	862		11-11-229. Records required. 24
864	863		(a) It shall be the duty of every employment agency to keep a complete 25
865	864		record of all orders for employees that are received from prospective 26
866	865		employers. This record shall contain the date when the order was received, 27
867	866		the name and address of the employer seeking the services of an employee, the 28
868	867		name of the individual placing the order, the duties of the position to be 29
869	868		filled, the qualifications required of the employee, the salary or wages to 30
870	869		be paid, and the probable duration of the job. 31
871	870		(b) It shall be the duty of every employment agency to keep a complete 32
872	871		record of each applicant who is referred by the agency to an employer for a 33
873	872		job interview. This record shall contain the date when the applicant was 34
874	873		referred to a prospective employer for a job or interview, the name of the 35
875	874		applicant, and the name of the firm to whom the applicant is referred. 36 SB278
876	875
877	876		24 02/21/2025 3:52:17 PM LGL103
878	877		(c)(1) It shall be the duty of every employment agency to keep a 1
879	878		complete register called a “business transaction record”, which shall consist 2
880	879		of the name of the individual placed, the date of the placement, the name of 3
881	880		the employer, the starting date of the position, the starting salary, the 4
882	881		amount of the fee charged, and the remarks column. 5
883	882		(2) The remarks column will state the amount of any adjustment 6
884	883		or refund made. 7
885	884		(d)(1) Prior to referral of any person to a job or interview or prior 8
886	885		to placement of any job advertisement, an employment agency must have a 9
887	886		current bona fide job order. 10
888	887		(2) It shall be the duty of every employment agency to maintain 11
889	888		a copy of any job advertisement and the job order pertaining to any 12
890	889		advertisement in a readily available record. 13
891	890		(e) All of the records listed in this section shall be kept in the 14
892	891		employment agency office and shall be open during office hours to inspection 15
893	892		by the Division of Labor and its duly authorized agents. 16
894	893		(f) No employment agent or his or her employee shall knowingly make 17
895	894		any false entry or omission in the records. 18
896	895		19
897	896		SECTION 2. Arkansas Code § 19 -6-201(17), concerning the enumeration of 20
898	897		general revenues of the state, is repealed. 21
899	898		(17) Employment agency licenses, as enacted by Acts 1975, No. 22
900	899		493, known as the “Arkansas Private Employment Agency Act of 1975”, and all 23
901	900		laws amendatory thereto, § 11 -11-201 et seq.; 24
902	901		25
903	902		26
904		-	~~APPROVED: 4/3/25~~ 27
	903	+	27
905	904		28
906	905		29
907	906		30
908	907		31
909	908		32
910	909		33
911	910		34
912	911		35
913	912		36