reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 10 - UNEMPLOYMENT TRUST FUND FINANCING ACT OF 2011 (§§ 11-10-1001 — 11-10-1018) › Section 11-10-1015 - Tax exemption

(a)
All Arkansas Unemployment Trust Fund Bonds issued under this subchapter and interest on the bonds shall be exempt from all taxes of the State of Arkansas, including income, inheritance, and property taxes.
(b)
The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment of municipal, county, bank, fiduciary, insurance company, and trust funds.
Acts 2011, No. 1125, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 10 - UNEMPLOYMENT TRUST FUND FINANCING ACT OF 2011 (§§ 11-10-1001 — 11-10-1018) › Section 11-10-1016 - Bonds - Rights and liabilities - Enforcement

(a)
(1)
This subchapter shall constitute a contract between the State of Arkansas and the registered owners of all State of Arkansas Unemployment Trust Fund Bonds issued under this subchapter that shall never be impaired.
(2)
A violation of terms of this subchapter, whether under purported legislative authority or otherwise, shall be enjoined by the courts at the suit of any bondholder or of any taxpayer.
(b)
The courts in a suit against the Arkansas Development Finance Authority, or other appropriate officer or official of this state shall prevent a diversion of any revenues pledged under this subchapter and shall compel the restoration of diverted revenues by injunction or mandamus.
(c)
Without limitation as to any other appropriate remedy at law or in equity, any bondholder by an appropriate action, including without limitation, injunction or mandamus, may compel the performance of all covenants and obligations of the State of Arkansas and its officers and officials under this subchapter.
Acts 2011, No. 1125, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 10 - DEPARTMENT OF WORKFORCE SERVICES LAW (§§ 11-10-101 — 11-10-1018) › Subchapter 10 - UNEMPLOYMENT TRUST FUND FINANCING ACT OF 2011 (§§ 11-10-1001 — 11-10-1018) › Section 11-10-1018 - Division of Workforce Services - Bond Financing Trust Fund

(a)
(1)
There is established on the books of the Division of Workforce Services a special restricted fund to be known as the "Bond Financing Trust Fund", to be maintained and administered by the division under this subchapter for the purposes stated in this subchapter.
(2)
The following shall be deposited into the Bond Financing Trust Fund:
(A)
Collections of the unemployment obligation assessment; and
(B)
Any penalties and interest with respect to the unemployment obligation assessment.
(b)
Moneys in the Bond Financing Trust Fund may be used to:
(1)
Pay debt service on the bonds;
(2)
Make refunds of the unemployment obligation assessment and interest and penalty payments that were erroneously paid;
(3)
Return moneys to the Unemployment Compensation Fund Clearing Account that may have been incorrectly identified and erroneously transferred to the Bond Financing Trust Fund; and
(4)
Purchase or redeem outstanding bonds.
(c)
The division shall maintain the Bond Financing Trust Fund at the Arkansas Development Finance Authority or at one (1) or more financial institutions within or outside the state.
(d)
Income from investment of moneys in the Bond Financing Trust Fund shall be deposited into and credited to the Bond Financing Trust Fund.
(e)
(1)
All moneys received for, deposited into, or paid to the division for deposit into the Bond Financing Trust Fund:
(A)
Are specifically declared to be cash funds restricted in their use;
(B)
Shall not be deposited into the State Treasury for the purposes of:
(i)
Arkansas Constitution, Article 5, § 29;
(ii)
Arkansas Constitution, Article 16, § 12;
(iii)
Arkansas Constitution, Amendment 20; or
(iv)
Any other constitutional provision or statutory law; and
(C)
Shall be held and applied by the division and the Arkansas Development Finance Authority as agent for the division solely for the uses set forth in this subchapter.
(2)
Interest and other moneys received from the investment of moneys in the Bond Financing Trust Fund are cash funds restricted in their use and shall not be deposited into the State Treasury but shall be held and applied by the division and the Arkansas Development Finance Authority as agent for the division solely for the uses set forth in this subchapter.
(f)
Upon retirement of all bonds, the following shall be transferred to the Unemployment Compensation Fund:
(1)
Surplus unemployment obligation assessment collections; and
(2)
Delinquent taxes, penalties, or interest due under the unemployment obligation assessment.
Amended by Act 2019, No. 910,§ 327, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 326, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 325, eff. 7/1/2019.
Acts 2011, No. 1125, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 1 - GENERAL PROVISIONS (§ 11-11-101) › Section 11-11-101 - Recruitment of labor by foreign labor agents

(a)
No foreign labor agent, labor bureau or employment agency, or any other person shall enter this state and attempt to hire, induce, or take from this state any labor, singularly or in groups, for any purpose, whether or not a fee or charge is extracted from the worker, without first applying to the Director of the Division of Labor for a license to do so and filing with the director:
(1)
A statement as to where the labor is to be taken, for what purpose, for what length of time, and whether transportation is to be paid to and from the destination, if temporary;
(2)
A statement of the financial standing of the employer desiring the labor;
(3)
An affidavit of authority to represent the employer in this state; and
(4)
Whatever other information the director may require.
(b)
(1)
The director shall determine whether the person desiring the labor from this state is a labor agent, labor bureau, or employment agency and, if so, whether the applicant is qualified to be licensed under the laws of this state and according to the provisions of this section.
(2)
The director, after the investigation, may refuse to license or register the applicant until the applicant has complied with the provisions of this section.
(3)
The applicant shall, in the event of unfavorable action by the director, have the right of appeal to the proper court.
(c)
This section is cumulative to all existing laws affecting the hiring or employment of labor.
Amended by Act 2019, No. 910,§ 5367, eff. 7/1/2019.
Acts 1949, No. 272, §§ 1, 2; A.S.A. 1947, §§ 81-1011, 81-1012.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 11-11-201 - Title

This subchapter may be cited as the "Arkansas Private Employment Agency Act of 1975".
Acts 1975, No. 493, § 1; A.S.A. 1947, § 81-1013.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 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.
Amended by Act 2019, No. 910,§ 5369, eff. 7/1/2019.
Acts 1975, No. 493, § 9; A.S.A. 1947, § 81-1021.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 11-11-208 - License required - Penalties

(a)
No person shall engage in the business of or act as an employment agent, agency manager, or counselor unless he or she first obtains a license from the Division of Labor.
(b)
(1)
(A)
Any person who shall engage in the business of or act as an employment agent, agency manager, or counselor without first procuring a license is guilty of a misdemeanor.
(B)
He or she shall be punished by a fine of not less than fifty dollars ($50.00) and not more than two hundred fifty dollars ($250) for each day of acting as an employment agent, agency manager, or counselor without a license or by imprisonment for not more than three (3) months, or by both.
(2)
In addition to the penalties described in subdivision (b)(1) of this section, upon petition of the Director of the Division of Labor, any court in the state having the statutory power to enjoin or restrain shall have jurisdiction to restrain and enjoin any person who engages in the business of or acts as an employment agent, agency manager, or counselor without having first procured a license for so engaging or acting.
Amended by Act 2019, No. 910,§ 5371, eff. 7/1/2019.
Acts 1975, No. 493, § 4; 1977, No. 390, § 2; A.S.A. 1947, § 81-1016.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 11-11-209 - Certificate of exemption required for certain organizations

(a)
Bona fide nursing schools, nurses' registries, management consulting firms, business schools, vocational schools whose primary function and purpose is training and education, and resume services shall obtain from the Director of the Division of Labor a certificate of exemption from the requirements of this subchapter.
(b)
In connection with issuance of a certificate of exemption and with respect to an organization's continued eligibility for a previously issued certificate of exemption, the director shall have those investigative powers conferred by §
11-11-204
.
Amended by Act 2019, No. 910,§ 5372, eff. 7/1/2019.
Acts 1975, No. 493, § 2; 1977, No. 390, § 1; A.S.A. 1947, § 81-1014.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 11-11-210 - Employment counselor's license - Application - Qualifications

(a)
To be eligible for application for an employment counselor's license, the applicant shall be:
(1)
A citizen of the United States;
(2)
Of good moral character;
(3)
A person whose license has not been revoked within two (2) years from the date of application; and
(4)
Able to demonstrate business integrity.
(b)
(1)
Every applicant for an initial license for employment counselor shall file with the Division of Labor a written application on a form prescribed and furnished by the Director of the Division of Labor.
(2)
The applicant shall file at least two (2) letters of character reference from persons of reputed business or professional integrity.
(3)
This application shall contain information prescribed by the director.
Amended by Act 2019, No. 910,§ 5373, eff. 7/1/2019.
Acts 1975, No. 493, § 5; A.S.A. 1947, § 81-1017.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 11-11-211 - Agency manager license - Application - Qualifications

(a)
To be eligible to apply for a license to act as an agency manager, the applicant shall be:
(1)
A citizen of the United States;
(2)
Of good moral character;
(3)
At least twenty-one (21) years of age;
(4)
A person whose license has not been revoked within two (2) years from the date of the application;
(5)
A person who has completed the twelfth grade, except that the Director of the Division of Labor may establish proof necessary to him or her that the applicant is possessed of a twelfth-grade education in terms of intellectual competency, judgment, and achievement; and
(6)
A person who demonstrates business integrity, financial responsibility, and judgment.
(b)
(1)
Every applicant for an initial license for agency manager shall file with the Division of Labor a written application on a form prescribed and furnished by the director.
(2)
The applicant shall file at least two (2) letters of character reference from persons of reputed business or professional integrity.
(3)
This application shall contain information prescribed by the director.
Amended by Act 2019, No. 910,§ 5375, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5374, eff. 7/1/2019.
Acts 1975, No. 493, § 5; A.S.A. 1947, § 81-1017.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 11-11-212 - Employment agency license - Application - Qualifications

(a)
To be eligible to apply for a license to operate an employment agency, the applicant shall be:
(1)
A citizen of the United States;
(2)
Of good moral character;
(3)
At least twenty-one (21) years of age;
(4)
A person whose license has not been revoked within two (2) years from the date of the application;
(5)
A person who has completed the twelfth grade, except that the Director of the Division of Labor may establish proof necessary to him or her that the applicant is possessed of a twelfth-grade education in terms of intellectual competency, judgment, and achievement; and
(6)
A person who demonstrates business integrity, financial responsibility, and judgment.
(b)
(1)
Every applicant for an initial employment agency license and every applicant for a renewal license shall file with the Director of the Division of Labor a completed application on a form prescribed and furnished by the Director of the Division of Labor.
(2)
(A)
The application shall be signed by the applicant and sworn to before anyone qualified by law to administer oaths.
(B)
If the applicant is a corporation, the application shall state the names and home addresses of all shareholders, officers, and directors of the corporation and shall be signed and sworn to by the president, treasurer, and secretary thereof.
(C)
If the applicant is a partnership, the application shall state the names and home addresses of all partners therein and shall be signed and sworn to by all of them.
(3)
The applicant shall file at least two (2) letters of character reference from persons of reputed business or professional integrity.
(4)
This application shall also contain such other information as the Director of the Division of Labor may prescribe.
Amended by Act 2019, No. 910,§ 5376, eff. 7/1/2019.
Acts 1975, No. 493, § 5; A.S.A. 1947, § 81-1017.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 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 any licensee fails to file a new bond with the Division of Labor within thirty (30) days after notice of cancellation by the surety of the bond required by this section, the license issued to the principal under the bond is suspended until such time as a new surety bond is filed with and approved by the director.
(2)
A person whose license is suspended pursuant to this subsection shall not carry on the business of an employment agency during the period of the suspension.
Amended by Act 2019, No. 315,§ 838, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5378, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5377, eff. 7/1/2019.
Acts 1975, No. 493, § 6; A.S.A. 1947, § 81-1018.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 11-11-214 - Investigation of license applicant by director

(a)
Upon filing of an application for a license as provided in this subchapter, the Director of the Division of Labor shall cause an investigation to be made regarding the character, business integrity, and financial responsibility of the license applicant.
(b)
The director shall also determine the suitability or unsuitability of the applicant's proposed office location.
(c)
An application for an employment agency's, agency manager's, or employment counselor's license shall be rejected by the director if it is found that any person named in the license application is not of good moral character, business integrity, or financial responsibility or if there is good and sufficient reason within the meaning and purpose of this subchapter for rejecting the application.
Amended by Act 2019, No. 910,§ 5379, eff. 7/1/2019.
Acts 1975, No. 493, § 5; A.S.A. 1947, § 81-1017.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 11-11-215 - Employment agency license - Scope - Change of license

(a)
(1)
An employment agent's license issued pursuant to this subchapter shall protect only those persons to whom it is issued and only the location for which it is issued.
(2)
A separate license shall be required for each separate office location operated by an employment agency.
(3)
No license shall be valid to protect any business transacted under any name other than that designated in the license.
(b)
No employment agent shall permit any person not mentioned in the license or license application to become a member, officer, director, shareholder, or partner in the conduct of the business of the employment agent unless written consent of the Director of the Division of Labor and written consent of the surety on the bond required by this subchapter shall first be obtained.
(c)
The location of an employment agency shall not be changed without written consent from the Director of the Division of Labor, and a new license application shall be required for any change of office location in excess of twenty-five (25) miles.
(d)
A charge of ten dollars ($10.00) shall be made by the Division of Labor for the recording of authorization for each change of office location authorized by this section.
Amended by Act 2019, No. 910,§ 5381, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5380, eff. 7/1/2019.
Acts 1975, No. 493, § 7; A.S.A. 1947, § 81-1019.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 11-11-216 - Examination for licenses

(a)
(1)
(A)
Before the Director of the Division of Labor issues a license to an applicant for a permanent employment agent's, permanent agency manager's, or permanent counselor's license, the applicant shall be required to successfully complete a written examination prepared by the director.
(B)
The examination shall establish the competency of the applicant to:
(i)
Operate and conduct an employment agency; or
(ii)
Perform service as an agency manager or counselor for the agency.
(2)
No examination shall be required for renewal of any license issued pursuant to this subchapter unless the license has been suspended, revoked, or submitted late, causing the application to be treated as a new application.
(b)
The Division of Labor shall hold examinations at such times and places as it shall reasonably determine, except that examinations shall be given to license applicants at least once every sixty (60) days.
(c)
(1)
An examination fee of five dollars ($5.00) shall be paid by each applicant in addition to the license fee.
(2)
The examination fee shall be retained by the division, whether or not the applicant successfully completes the examination.
(3)
The examination fee shall be forfeited if the applicant does not take the examination within three (3) months of the application date.
Amended by Act 2019, No. 910,§ 5384, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5383, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5382, eff. 7/1/2019.
Acts 1975, No. 493, § 10; A.S.A. 1947, § 81-1022; Acts 2007, No. 827, § 128.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 11-11-217 - License fees

(a)
Before a permanent license shall be granted to a license applicant, an applicant shall pay the following annual fee for each license:
(1)
Two hundred fifty dollars ($250) for an employment agency;
(2)
Twenty-five dollars ($25.00) for an employment agency manager; and
(3)
Twenty dollars ($20.00) for an employment counselor.
(b)
Multiple licenses for a person simultaneously performing the functions of employment agent, agency manager, or employment counselor will not be required. The person shall procure a license commensurate with the highest level of job duties and responsibilities customarily and regularly performed by the person.
(c)
All moneys received from licensing shall be deposited into the general fund of the State Treasury.
Acts 1975, No. 493, § 5; A.S.A. 1947, § 81-1017.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 11-11-218 - Temporary licenses

(a)
(1)
The Director of the Division of Labor shall have authority to issue a temporary license for operation of a private employment agency, which shall be valid for no more than ninety (90) days, upon submission by the applicant for the license of:
(A)
A properly completed application form furnished and approved by the director;
(B)
Submission of evidence of the applicant's compliance with the bonding requirements of this subchapter; and
(C)
Payment of a temporary license fee of one hundred dollars ($100).
(2)
The temporary license may be issued only if, after investigation, it reasonably appears that the applicant will meet the qualifications for a permanent private employment agency license.
(b)
(1)
The director shall have authority to issue temporary licenses for agency managers and employment counselors, which shall be valid for no more than ninety (90) days, upon submission by the applicant for such license of:
(A)
A properly completed application form, furnished and approved by the director; and
(B)
Payment of a temporary license fee of ten dollars ($10.00).
(2)
The temporary licenses for agency managers and employment counselors may be issued only if, after investigation, it reasonably appears that the applicant will meet the qualifications for a permanent license as agency manager or employment counselor.
(3)
Temporary licenses issued to agency managers and employment counselors are nontransferable and are automatically rescinded upon suspension or termination of the employment of the agency manager or employment counselor.
(4)
The director shall approve or reject an application for a temporary agency manager's license or temporary employment counselor's license within five (5) days after receipt of a properly completed application for the license.
Amended by Act 2019, No. 910,§ 5385, eff. 7/1/2019.
Acts 1975, No. 493, § 5; A.S.A. 1947, § 81-1017.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 11-11-219 - Renewal of licenses

(a)
Every license issued pursuant to this subchapter shall remain in force for one (1) year from the date of issue or until the end of the state's fiscal year, whichever occurs first, unless the license has been revoked pursuant to the provisions of this subchapter.
(b)
Applications for renewal of all licenses provided by this subchapter must be filed with the Director of the Division of Labor no later than thirty (30) days prior to expiration of the license.
(c)
Any licensee who fails to renew a license by the expiration date shall be automatically suspended from the right to engage in the activity authorized by the license until the license is renewed.
(d)
Every application for renewal of a license must be accompanied by payment of the required license fee and evidence of compliance with the bonding requirements of this subchapter.
Amended by Act 2019, No. 910,§ 5386, eff. 7/1/2019.
Acts 1975, No. 493, § 8; A.S.A. 1947, § 81-1020.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 11-11-220 - Cessation of business by licensee

(a)
(1)
If an employment agent ceases business operations, the agent shall, as soon as reasonably possible, notify the Division of Labor and shall deliver or forward by mail the agent's license to the division. Failure to give notice, or failure to deliver such employment agent's license, shall be a violation of §
11-11-208
.
(2)
(A)
When one (1) or more individuals, on the basis of whose qualifications an agency license has been obtained, ceases to be connected with the licensed business for any reason whatsoever, the agency business may be carried on for a temporary period not to exceed thirty (30) days, under such terms and conditions as the Director of the Division of Labor shall provide by rule for the orderly closing of the business or the replacement and qualification of a new member, partner, or corporate officer, director, or shareholder.
(B)
The agency's authorization to continue to do business under this subchapter beyond the thirty-day period provided in this subdivision (a)(2) shall be contingent upon approval by the Director of the Division of Labor of any new member, principal, partner, officer, director, or shareholder.
(b)
(1)
If an agency manager terminates his or her employment with an employment agency by which he or she is employed, the agency shall notify the division, as soon as is reasonably possible, to enable the division to know at all times the identity of the person charged with the general management of each of the agency's office locations.
(2)
The employment agency shall also deliver or forward by mail the agency manager's license, together with the reasons why the agency manager has terminated his or her position with the employment agency.
(c)
If an employment counselor terminates his or her employment with the employment agency by which he or she is employed, the agency shall, as soon as is reasonably possible, notify the division and deliver or forward by mail the employment counselor's license to the division, together with the reasons for his or her termination.
Amended by Act 2019, No. 315,§ 839, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5387, eff. 7/1/2019.
Acts 1975, No. 493, §§ 5, 8; A.S.A. 1947, §§ 81-1017, 81-1020.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 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.
Amended by Act 2019, No. 315,§ 841, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 840, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5388, eff. 7/1/2019.
Acts 1975, No. 493, § 13; A.S.A. 1947, § 81-1025.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 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 all proceedings shall be made, and a transcript of the proceedings shall be made if desired by the Division of Labor or by the accused.
(2)
The transcript shall be paid for by the party ordering it.
Amended by Act 2019, No. 910,§ 5390, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5389, eff. 7/1/2019.
Acts 1975, No. 493, § 13; A.S.A. 1947, § 81-1025.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 11-11-224 - Deceptive practices

(a)
No employment agent shall publish or cause to be published any fraudulent or misleading notice or advertisement of the employment agency by means of cards, circulars, or signs or in newspapers or other publications.
(b)
All letterheads, receipts, and blanks shall contain the full name and address of the employment agency, and the licensee shall state in all notices and advertisements the fact that the licensee is or conducts a private employment agency.
(c)
No employment agency shall print, publish, or paint on any sign or window or insert in any newspaper or publication a name similar to that of the Arkansas State Employment Service or any other governmental agency.
(d)
No employment agency shall print or stamp on any receipt or on any contract used by the agency any part of this subchapter unless the entire section from which the part is taken is printed or stamped thereon.
(e)
No employment agency shall allow any person in its employment to use any names other than their legal names in the course of and in respect to their employment with the agency.
(f)
No employment agency or its employees or agents shall give any information or make any representation to any applicant, where the agency or its employees or agents know or reasonably should know that the information or representation is false.
(g)
No employment agency or its employees or agents shall knowingly withhold from a job applicant any information material to a job to which that applicant is referred.
(h)
No employment agent or its agents or employees shall engage in any conduct in the course of its business that constitutes a fraudulent, dishonest, or deceptive practice, whether or not the conduct is prohibited by this subchapter.
(i)
No contracts, forms, or schedules used by employment agencies in their dealings with the public shall contain any false, ambiguous, or misleading information.
Acts 1975, No. 493, § 15; A.S.A. 1947, § 81-1027.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 11-11-226 - Designation of manager required

(a)
Every employment agency shall designate an agency manager at each office location of that agency, who shall be responsible for the general management, administration, and operation of that office location.
(b)
The agency manager must comply with the licensing requirements of §§
11-11-210
-
11-11-212
,
11-11-214
,
11-11-217
,
11-11-218
,
11-11-220(a)(1) and (b)
, and
11-11-226
.
(c)
Every employment agency must maintain an agency manager at each of its office locations.
Acts 1975, No. 493, § 5; A.S.A. 1947, § 81-1017.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 11-11-228 - Filing of fee schedule, forms, and contracts required

(a)
It shall be the duty of every employment agency to file with the Division of Labor a schedule of all fees, charges, and commissions that the agency expects to charge and collect for its service, together with a copy of all forms and contracts to be used in dealings with the public in the operation of its business.
(b)
The fee schedules, contracts, and forms shall be filed with the division on the date of the agency's application for initial or renewal licensing under this subchapter.
(c)
Any amendments or supplements to fee schedules, contracts, or forms filed with the division must be filed at least fifteen (15) days before the amendment or supplement is to become effective.
(d)
It shall be unlawful for any employment agency to charge, demand, collect, or receive a greater compensation for any service performed by the agency than is specified in fee schedules filed with the division or than is specified by this subchapter.
Amended by Act 2019, No. 910,§ 5396, eff. 7/1/2019.
Acts 1975, No. 493, § 12; A.S.A. 1947, § 81-1024.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 11 - EMPLOYMENT OFFICES AND AGENCIES (§§ 11-11-101 — 11-11-229) › Subchapter 2 - PRIVATE EMPLOYMENT AGENCIES (§§ 11-11-201 — 11-11-229) › Section 11-11-229 - Records required

(a)
It shall be the duty of every employment agency to keep a complete record of all orders for employees that are received from prospective employers. This record shall contain the date when the order was received, the name and address of the employer seeking the services of an employee, the name of the individual placing the order, the duties of the position to be filled, the qualifications required of the employee, the salary or wages to be paid, and the probable duration of the job.
(b)
It shall be the duty of every employment agency to keep a complete record of each applicant who is referred by the agency to an employer for a job interview. This record shall contain the date when the applicant was referred to a prospective employer for a job or interview, the name of the applicant, and the name of the firm to whom the applicant is referred.
(c)
(1)
It shall be the duty of every employment agency to keep a complete register called a "business transaction record", which shall consist of the name of the individual placed, the date of the placement, the name of the employer, the starting date of the position, the starting salary, the amount of the fee charged, and the remarks column.
(2)
The remarks column will state the amount of any adjustment or refund made.
(d)
(1)
Prior to referral of any person to a job or interview or prior to placement of any job advertisement, an employment agency must have a current bona fide job order.
(2)
It shall be the duty of every employment agency to maintain a copy of any job advertisement and the job order pertaining to any advertisement in a readily available record.
(e)
All of the records listed in this section shall be kept in the employment agency office and shall be open during office hours to inspection by the Division of Labor and its duly authorized agents.
(f)
No employment agent or his or her employee shall knowingly make any false entry or omission in the records.
Amended by Act 2019, No. 910,§ 5397, eff. 7/1/2019.
Acts 1975, No. 493, § 11; A.S.A. 1947, § 81-1023.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 12 - EMPLOYMENT OF CHILDREN IN ENTERTAINMENT INDUSTRY (§§ 11-12-101 — 11-12-105) › Section 11-12-101 - Purpose

The General Assembly finds that the employment of minor children in the entertainment industry is necessary to create realistic theatrical, motion picture, radio, and television productions and to promote industry and economic growth. The purpose of this chapter is to provide minor children and the community with opportunities in the entertainment industry not heretofore provided.
Acts 1987, No. 647, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 12 - EMPLOYMENT OF CHILDREN IN ENTERTAINMENT INDUSTRY (§§ 11-12-101 — 11-12-105) › Section 11-12-102 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
[Repealed.]
(2)
"Employ" means to use the services of an individual in any remunerative occupation; and
(3)
"Entertainment industry" means any individual, partnership, corporation, association, or group of persons using the services of a child under sixteen (16) years of age in motion picture productions, television or radio productions, theatrical productions, modeling productions, horse shows, rodeos, and musical performances.
Amended by Act 2019, No. 910,§ 5398, eff. 7/1/2019.
Acts 1987, No. 647, § 2.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 12 - EMPLOYMENT OF CHILDREN IN ENTERTAINMENT INDUSTRY (§§ 11-12-101 — 11-12-105) › Section 11-12-103 - Penalty

(a)
Any person, firm, corporation, or association who violates a provision of this chapter or a lawful rule promulgated under this chapter shall be liable for a civil penalty in accordance with the provisions of §
11-6-103
.
(b)
(1)
Any person who willfully or intentionally violates the provisions of this chapter or a lawful rule promulgated under this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for not more than thirty (30) days, or by both a fine and imprisonment.
(2)
Each day that the violation continues shall be deemed a separate offense.
Amended by Act 2019, No. 315,§ 842, eff. 7/24/2019.
Acts 1987, No. 647, § 5; 1991, No. 509, § 2.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 12 - EMPLOYMENT OF CHILDREN IN ENTERTAINMENT INDUSTRY (§§ 11-12-101 — 11-12-105) › Section 11-12-104 - Restrictions on employment

(a)
A child under sixteen (16) years of age may be employed in the entertainment industry, and the provisions of §§
11-6-101
-
11-6-111
, with respect to child labor, shall not be applicable to the employment of child actors as authorized in this chapter.
(b)
No child under sixteen (16) years of age may be employed in the entertainment industry:
(1)
In a role or in an environment deemed to be hazardous or detrimental to the health, morals, education, or welfare of the child as determined by the Director of the Division of Labor;
(2)
When the child is required to use a dressing room that is simultaneously occupied by an adult or by other children of the opposite sex;
(3)
When the child is not provided with a suitable place to rest or play;
(4)
When the parent or guardian of the child is prevented from being present at the scene of employment during all the times the child is working;
(5)
When the parent or guardian of the child is prevented from being within sight and sound of the child; and
(6)
Without a permit issued by the director and the written consent of the child's parent or guardian for the issuance of the permit.
Amended by Act 2019, No. 910,§ 5399, eff. 7/1/2019.
Acts 1987, No. 647, § 3.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 12 - EMPLOYMENT OF CHILDREN IN ENTERTAINMENT INDUSTRY (§§ 11-12-101 — 11-12-105) › Section 11-12-105 - Implementation and enforcement

The Director of the Division of Labor shall have the authority to:
(1)
Promulgate rules for the implementation of this chapter;
(2)
Suspend or revoke a permit for the employment of a child in the entertainment industry for cause;
(3)
Enter or authorize his or her representative to enter and inspect any place of employment where children work, rest, or play; and
(4)
Otherwise enforce and implement the provisions of this chapter.
Amended by Act 2019, No. 315,§ 843, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5400, eff. 7/1/2019.
Acts 1987, No. 647, § 4.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 13 - [Repealed] ARKANSAS CONSERVATION CORPS ACT (§§ 11-13-101 — 11-13-113) › Section 11-13-101 - [Repealed]

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013.
Acts 1993, No. 1232, § 1.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 13 - [Repealed] ARKANSAS CONSERVATION CORPS ACT (§§ 11-13-101 — 11-13-113) › Section 11-13-102 - [Repealed]

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013.
Acts 1993, No. 1232, § 2; 1997, No. 540, § 15; 1999, No. 646, § 3; 1999, No. 1164, § 119.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 13 - [Repealed] ARKANSAS CONSERVATION CORPS ACT (§§ 11-13-101 — 11-13-113) › Section 11-13-103 - [Repealed]

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013.
Acts 1993, No. 1232, §§ 3, 15.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 13 - [Repealed] ARKANSAS CONSERVATION CORPS ACT (§§ 11-13-101 — 11-13-113) › Section 11-13-104 - [Repealed]

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013.
Acts 1993, No. 1232, § 4.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 13 - [Repealed] ARKANSAS CONSERVATION CORPS ACT (§§ 11-13-101 — 11-13-113) › Section 11-13-105 - [Repealed]

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013.
Acts 1993, No. 1232, § 5.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 13 - [Repealed] ARKANSAS CONSERVATION CORPS ACT (§§ 11-13-101 — 11-13-113) › Section 11-13-106 - [Repealed]

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013.
Acts 1993, No. 1232, § 7.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 13 - [Repealed] ARKANSAS CONSERVATION CORPS ACT (§§ 11-13-101 — 11-13-113) › Section 11-13-107 - [Repealed]

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013.
Acts 1993, No. 1232, § 8.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 13 - [Repealed] ARKANSAS CONSERVATION CORPS ACT (§§ 11-13-101 — 11-13-113) › Section 11-13-108 - [Repealed]

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013.
Acts 1993, No. 1232, § 9.
Arkansas Code of 1987 (2023) › Title 11 - LABOR AND INDUSTRIAL RELATIONS (§§ 11-1-201 — 11-15-105) › Chapter 13 - [Repealed] ARKANSAS CONSERVATION CORPS ACT (§§ 11-13-101 — 11-13-113) › Section 11-13-109 - [Repealed]

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013.
Acts 1993, No. 1232, § 10.