Section R20-5-301. Definitions

In addition to the definitions provided in A.R.S. § 23-521, the following definitions apply to this Article:

“Advertising” means any material, means, or medium used by a licensed employment agent for solicitation or promotion of business. This includes business cards, notices, or announce- ments in newspapers, radio, television, brochures, pamphlets, gift items, and signs. It also includes referral cards, invoices, letterheads, or other forms if the forms are used in combina- tion with solicitation or promotion of business.

“Applicant” means any individual, including a talent or model, seeking the services of a licensed employment agent.

“Applicant-paid fee” means a sum of money or value that is collected from an applicant for receiving employment services from a licensed employment agent.

“Bona fide job order” means an employer’s or company’s written or oral authorization to a licensed employment agent to refer an applicant to the employer.

“Business manager” means a person, firm, corporation, or association whose services to a talent or model are limited to giving financial advice or managing the business affairs of the talent or model.

“Candidate” means a person, firm, corporation, or association, applying for an employment agent license.

“Career counseling service” means a person, firm, corpora- tion, or association that provides career assistance, career man- agement, job search assistance, evaluation or planning, information and advice on all career decisions including voca- tional guidance and employment counseling, interview prepa- ration, or other information to enable an individual to secure employment, but does not include the following:

A provider of job referral services;

A  provider  of  vocational   rehabilitation  as  defined  in

A.R.S. § 23-501;

A person, firm, corporation, or association that prepares resumes and documents in support of resumes without providing career counseling or referral services;

A public or private educational institution;

A psychologist licensed or certified in this state who provides career guidance and counseling to patients as part of the psychologist’s practice;

A person engaged in the practice of social work, counseling, or marital and family therapy as those terms are defined in A.R.S. § 32-3251, who provides career guidance and counseling as part of the social work, counseling, marital or family therapy;

A physician licensed in this state who provides career guidance and counseling to patients as part of the physician’s practice;

A priest, minister, rabbi or other clergy who provides career guidance and counseling as part of the clergy’s practice; and

An attorney licensed in this state who provides career guidance and counseling as part of the attorney’s practice.

“Career counselor” means an individual working in a career counseling service to provide career assistance, career man- agement, job search assistance, career evaluation or planning, or information and advice on all career decisions including vocational guidance and employment counseling, interview preparation, or other information to enable an individual to secure employment. An employee of a career counseling ser- vice whose duties are primarily clerical in nature is not a career counselor.

“Commission” means the Industrial Commission of Arizona.

“Company” means a business that obtains applicants from a licensed talent and/or modeling agency.

“Complaint” means an oral or written communication made to the Department or to the Commission by any person alleging improper conduct by a licensed employment agent.

“Council” means the Arizona Employment Advisory Council.

“Department” means the Labor Department of the Industrial Commission of Arizona.

“Director” means the Director of the Industrial Commission of Arizona.

“Electronic media service” means a business that lists applica- tions, resumes, or job openings on a computerized network or system.

“Engagement” means the employment of an individual as an actor, entertainer, model, or performer in an entertainment enterprise.

“Entertainment enterprise” means theater, motion pictures, radio, television, opera, ballet, modeling, circus, vaudeville or variety act, or other performance- or exhibition-oriented busi- ness.

“License” means a document issued by the Commission that authorizes a person to conduct business as an employment agent.

“Labor  contractor”   means  an  employer  as  defined  under

A.R.S. Title 23, Chapter 6, who leases or provides temporary workers to a customer or client.

“Licensed employment agent” or “licensee” means an employ- ment agent defined in A.R.S. § 23-521(A) who holds a valid license issued by the Commission under A.R.S. § 23-521 et seq.

“Managing agent” means a person, firm, corporation, or asso- ciation that is designated by a licensed employment agent to be in charge of the operation of an employment agency or any of its branches or divisions.

“Model” means an individual who is employed to display, by wearing, clothes or other merchandise.

“Personal manager” means a person, firm, corporation, or association whose services are limited to counseling or advis- ing a talent or model in connection with the talent’s or model’s professional career.

“Placement counselor” means an individual working in a placement counseling service to assist an applicant to obtain employment by providing career counseling services, referral services, or registry services. An employee of a licensed employment agent whose duties are primarily clerical in nature is not a placement counselor.

“Placement counseling service” means a person, firm, corpo- ration, or association that provides career counseling services, referral services, or registry services.

“Referral service” means a person, firm, corporation, or asso- ciation that refers an applicant to employment upon receipt of a bona fide job order.

“Secretary” means the Director of the Industrial Commission of Arizona Labor Department who serves as the Secretary for the Employment Advisory Council.

“Talent” means an individual rendering performing services in an entertainment enterprise, including musicians.

“Talent or modeling agency or agent” means a person, firm, corporation, or association that provides employment informa- tion to a talent or model for the purpose of securing an engage- ment for the talent or model.

Historical Note

Former Rule I. R20-5-301 recodified from R4-13-301 (Supp. 95-1). Section R20-5-301 repealed; new Section R20-5-301 adopted effective September 9, 1998 (Supp.

98-3).