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11-11-221. Issuance, refusal, suspension, or revocation of license — Grounds.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-11-221. Issuance, refusal, suspension, or revocation of license — Grounds.
(a) The Director of the Division of Labor shall issue a license as an employment agent, agency manager, or counselor to any person who qualifies for the license under the terms of this subchapter.
(b) The director may, in addition, refuse to issue a license to any person or may suspend or revoke the license of any employment agent, agency manager, or employment counselor or impose administrative fines as provided for in § 11-11-203 when the director finds that any of the following conditions exist:
(1) That the employment agent, agency manager, or counselor has violated any of the provisions of this subchapter;
(2) That the employment agent, agency manager, or counselor has violated any of the rules or other orders lawfully promulgated by the director;
(3) That the employment agent, agency manager, or counselor has violated the conditions of the bond required by § 11-11-213;
(4) That the person, employment agent, agency manager, or employment counselor has engaged in a fraudulent, deceptive, or dishonest practice;
(5) That the person, employment agent, agency manager, or employment counselor has been legally adjudicated incompetent; or
(6) That the applicant is for good and sufficient cause unfit to be an employment agent, agency manager, or employment counselor within the meaning of this subchapter or of any of the rules or orders lawfully promulgated by the director.
(c) This section and § 11-11-222 shall not be construed to relieve any person from civil liability or from criminal prosecution under the provisions of this subchapter or under other laws of this state.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-11-221
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:11-11-221
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 87953eacd82ddc6d94a0c994c0878ad9b61050e5d71de2b33a063dc409929164
Source location: content.xml paragraph 14653
Stored source content
11-11-221. Issuance, refusal, suspension, or revocation of license — Grounds.
(a) The Director of the Division of Labor shall issue a license as an employment agent, agency manager, or counselor to any person who qualifies for the license under the terms of this subchapter.
(b) The director may, in addition, refuse to issue a license to any person or may suspend or revoke the license of any employment agent, agency manager, or employment counselor or impose administrative fines as provided for in § 11-11-203 when the director finds that any of the following conditions exist:
(1) That the employment agent, agency manager, or counselor has violated any of the provisions of this subchapter;
(2) That the employment agent, agency manager, or counselor has violated any of the rules or other orders lawfully promulgated by the director;
(3) That the employment agent, agency manager, or counselor has violated the conditions of the bond required by § 11-11-213;
(4) That the person, employment agent, agency manager, or employment counselor has engaged in a fraudulent, deceptive, or dishonest practice;
(5) That the person, employment agent, agency manager, or employment counselor has been legally adjudicated incompetent; or
(6) That the applicant is for good and sufficient cause unfit to be an employment agent, agency manager, or employment counselor within the meaning of this subchapter or of any of the rules or orders lawfully promulgated by the director.
(c) This section and § 11-11-222 shall not be construed to relieve any person from civil liability or from criminal prosecution under the provisions of this subchapter or under other laws of this state.
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Arkansas Code — all titles (historical 2020) · legal_authorities
11-11-203. Penalty.
(a) The Director of the Division of Labor shall have authority to impose a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) for violation of the provisions of this subchapter by an employment agency or its employees or agents.
(b) The director shall notify the employment agency in writing of the reasons for imposition of a fine and at that time shall make available to the employment agency a signed written statement by any individual having filed a complaint with the director relative to the matter for which a fine has been imposed by the director.
(c) The agency shall have the right to a hearing before the director and the right to judicial review provided by § 11-11-223 with respect to the fine.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-11-203
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-11-203. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-11-213. Employment agency license — Bond required — Action on the bond.
(a)(1) Every application for issuance or renewal of an employment agency's license shall be accompanied by a bond in the sum of five thousand dollars ($5,000) with a duly licensed surety company or companies authorized to do business in this state.
(2) The terms and conditions of the bond shall be approved by the Director of the Division of Labor.
(3) The bond shall be conditioned that the employment agency and each member, employee, shareholder, director, or officer of a person, firm, partnership, corporation, or association operating as the employment agency will not violate the provisions of this subchapter or violate rules or orders lawfully promulgated by the director or violate the terms of any contract made by the employment agent in the conduct of its business.
(b)(1) If any person shall be aggrieved by the misconduct of any licensee, that person may maintain an action in his or her own name upon the bond of the employment agency in any court of competent jurisdiction or in the Pulaski County Circuit Court.
(2)(A) All claims shall be assignable, and the assignee shall be entitled to the same remedies upon the bond of the licensee as the person aggrieved would have been entitled to if the claim had not been assigned.
(B) Any claim so assigned may be enforced in the name of the assignee.
(3) Any remedies given by this section shall not be exclusive of any other remedy that would otherwise exist.
(c) Action on the bond required by this section may be maintained by the director in the name of the state in any court of competent jurisdiction or in the Pulaski County Circuit Court, for the benefit of any person or persons aggrieved by the misconduct of the licensee.
(d)(1) If
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-11-213
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-11-213. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-11-222. Refusal, suspension, or revocation of license — Notice and hearing.
(a)(1) The Director of the Division of Labor may not refuse to issue a license or suspend or revoke a license unless it furnishes the person, employment agent, agency manager, or employment counselor with a written statement of the charges against him or her and affords him or her an opportunity to be heard on the charges.
(2) At the time that written charges are furnished to an employment agency, the director shall make available to the agency a signed written statement by any individual having filed a complaint with the director relative to the matter for which charges have been filed by the director.
(3) The agency shall be given at least twenty (20) days’ written notice of the date and time of the hearing. The notice shall conform to the standards for notices set forth in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(4) The notice shall be sent by certified mail, return receipt requested, to the address of the person as shown on his or her application for license, or it may be served in the manner in which a summons is served in civil cases commenced in the circuit courts of this state.
(b)(1) At the time and place fixed for the hearing, the director shall hold the hearing and thereafter make his or her order either dismissing the charges or refusing, suspending, or revoking the license.
(2)(A) At the hearing, the accused shall have the right to appear personally and by counsel and to cross-examine witnesses against him or her.
(B)(i) He or she shall be allowed to produce evidence and witnesses in his or her defense and shall have the right to have witnesses subpoenaed.
(ii) The subpoenas shall be issued by the director.
(c)(1) A stenographic record of
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-11-222
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-11-222. This identifies an authority to review, not proof of applicability.