North Carolina Administrative Code › Title 13 - LABOR › Chapter 17 - PRIVATE PERSONNEL SERVICES › Section .0100 - PRIVATE PERSONNEL SERVICES REGULATIONS › Section 17 .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
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.