SECTION .0100 – PRIVATE PERSONNEL SERVICES REGULATIONS
13 NCAC 17 .0101 DEFINITIONS
As used in G.S. 95, Article 5A and this Chapter, unless the
context clearly requires otherwise:
(1) "Accept an employer's offer of
employment," as used in G.S. 95-47.1(1), means to consent orally or in
writing to take the job the employer is offering. This offer or acceptance may
be made directly between the employer and the applicant or may be communicated
through a representative of the private personnel service acting as the
applicant's agent.
(2) "Advertising" means any material or
method used by a private personnel service for solicitation or promotion of
business. This includes, but is not limited to, newspapers, radio, television,
the internet, business cards, invoices, letterheads, or other forms that may be
used in combination with the solicitation and promotion of business.
(3) "Communication," as used in G.S.
95-47.1(4), means a written communication.
(4) "Days" means calendar days.
(5) "Division" means the Private Personnel
Service Office of the North Carolina Department of Labor.
(6) "Employer fee paid personnel consulting
service" means any business that consults with employers in locating and
placing employees where the sole obligation for the placement fee is assumed by
the employer in all circumstances and the applicant is never obligated for the
fee, directly or indirectly, even if the applicant quits or is terminated for
cause.
(7) "Employment agency" or "agency"
means a private personnel service as defined in G.S. 95-47.1(16).
(8) "Existing licensed business," as used in
G.S. 95-47.2(f), means any existing licensed private personnel service or job
listing service.
(9) "Indirectly" being responsible for a fee
to a private personnel service includes the applicant paying, or repaying, any
portion of the fee paid to the private personnel service by the employer or any
other person.
(10) "Material information," as used in G.S.
95-47.2(d)(3)a, and the rules in this Section means any facts or knowledge that
are relevant to operating a private personnel service.
(11) "Meeting between an employer and an
applicant" as used in G.S. 95-47.1(10) and the rules in this Chapter
includes but is not limited to interviews in person, conducted by telephonic
conference, video conference, or other electronic means.
(12) "Operate" means to engage in the business
of a private personnel service within the State of North Carolina. Within the
State of North Carolina includes, but is not limited to, any of the following:
(a) Property, offices, or employees located in
North Carolina;
(b) Use of a North Carolina phone number;
(c) Use of a North Carolina address;
(d) Interviewing applicants in North Carolina;
(e) Placing applicants in North Carolina;
(f) Collecting money from applicants in North
Carolina;
(g) Directing North Carolina applicants to
interviews;
(h) Directing applicants to interviews with
North Carolina employers; and
(i) Advertising in North Carolina.
(13) "Partnership" and "corporation,"
when used in the context of owners of a private personnel service, mean any
similar state-chartered legal entity. Examples of similar state-chartered
legal entities include, but are not limited to, limited liability partnerships
and limited liability corporations.
(14) "Person who uses or attempts to use the
services of a private personnel service" as used in G.S. 95-47.1(2)
includes applicants without regard to how or by whom the contact between the
applicant and the private personnel service is initiated.
(15) "Premises," as used in G.S.
95-47.2(d)(3)c., means the property occupied by any owner or manager of the
private personnel service where the business of the private personnel service
is conducted. Two businesses occupy the same premises if a person can move
from one to the other without traveling through a public area available to
non-customers.
(16) "Private personnel service industry" means
all private personnel services that are or may be required to be licensed to
operate in the State of North Carolina.
(17) "Refund policy" means a voluntary refund
policy adopted by the private personnel service. It does not mean the fee
reimbursement provisions mandated by G.S. 95-47.3A and such a fee reimbursement
shall not be considered as a refund policy which would trigger operation of the
"Termination of Employment" provisions under Rule .0107(f)(6) of this
Section.
(18) "Responsible for the operation" means to
conduct the daily administrative functions required to direct and control the
business. This includes, but is not limited to, current and ongoing knowledge
and oversight of the following: all placement functions; hours the business
operates; hiring, supervision, and dismissal of the business' personnel; the
finances and financial records of the business; advertising; job orders;
compliance with G.S. 95, Article 5A; and the needs of applicants and employers
who work with the business to receive placement and hiring assistance. It
further means that the person is available during working hours to answer
questions and respond to the needs of applicants, employers, the business' own
employees, and the Private Personnel Service Office.
(19) Except in G.S. 95-47.2(d)(1), in G.S.
95-47.2(d)(3)b.2 and in G.S. 95-47.2(d)(3)b.3, "rules",
"regulations", or "rules or regulations" as used in G.S.
95, Article 5A and in this Chapter refer to administrative rules adopted by the
Department of Labor pursuant to G.S. 95, Article 5A and G.S. 150B.
(20) "Temporary help service" means any
business which employs persons whom it assigns to assist its customers. The
employer-employee relationship exists between the temporary help service and
the employee. If a temporary help service ever charges the employee a fee for
help in securing employment with an employer other than itself, then the service
is a private personnel service.
History Note: Authority G.S. 95-47.9;
Eff. February 27, 1995;
Amended Eff. April 1, 2001.
