Section R20-5-305. Filing Requirements for Initial Application for Employment Agent License

A.      Initial application for employment agent license.

1.        A candidate shall complete an initial application on forms approved by the Commission.

2.        A candidate shall file an application for an employment agent license with the Department. An application is con- sidered filed when it is received at the office of the Department and stamped by the Department with the date of filing.

3.        An application shall be typewritten or written in legible text.

4.        The individual completing the application shall sign and date the application and have the signature notarized.

5.        The individual completing and signing the application shall verify that the information contained in and submit- ted with the application is true and correct.

B.       If a candidate intends to do business as a sole proprietorship, then the candidate shall include the following information with the application for an initial employment agent license:

1.        A supplemental application completed by all managing agents of the candidate. All supplemental applications shall comply with the requirements of subsection (A);

2.        A personal financial statement completed by the candi- date;

3.        A business financial statement completed by the candi- date;

4.        Education records of the candidate and all managing agents;

5.        Military discharge records of the candidate and all man- aging agents;

6.        A $5000 surety bond or a $1000 cash deposit. If a cash deposit is submitted, the candidate shall increase the deposit to $5000 before a license is issued. The candidate may replace the cash deposit with a $5000 surety bond;

7.        A copy of the registration of the trade name through the Arizona Secretary of State;

8.        Completion  of  the  written  examination   required  by

A.R.S. § 23-526 with a passing grade by the candidate and all managing agents. An 80% grade is required to pass the examination;

9.        A copy of the franchise agreement, if the proposed busi- ness is a franchise; and

10.     A copy of the sale or purchase agreement, if the candidate is purchasing an existing employment agent business.

C.      If a candidate intends to do business as a partnership, the can- didate shall include the following information with the appli- cation for an initial employment agent license:

1.        A supplemental application completed by all partners and managing agents of the candidate. All supplemental applications shall comply with the requirements of sub- section (A);

2.        A personal financial statement for each partner and pre- pared by each partner;

3.        A business financial statement completed by all partners;

4.        Education records of all partners and all managing agents;

5.        Military discharge records of all partners and all manag- ing agents;

6.        A $5000 surety bond or a $1000 cash deposit. If a cash deposit is submitted, the candidate shall increase the deposit to $5000 before a license is issued. The candidate may replace the cash deposit with a $5000 surety bond;

7.        A copy of the registration of the trade name through the Arizona Secretary of State;

8.        A copy of the partnership agreement;

9.        A copy of the franchise agreement, if the proposed busi- ness is a franchise;

10.     A copy of the sale or purchase agreement, if the candidate is purchasing an existing employment agent business;

11.     Completion   of  the  written  examination   required  by

A.R.S. § 23-526 with a passing grade by the candidate and all managing agents. An 80% grade is required to pass the examination;

D.      If the candidate intends to do business as a corporation, an officer of the corporation shall complete and sign the initial

application for employment agent license and shall include the following information in the candidate’s application:

1.        A supplemental application completed by all managing agents of the candidate. All supplemental applications shall comply with the requirements of subsection (A);

2.        A business financial statement of the corporation;

3.        Education records of all managing agents and the officer completing the application for employment agent license;

4.        Military discharge records of all managing agents and the officer completing the application;

5.        A $5000 surety bond or a $1000 cash deposit. If a cash deposit is submitted, the candidate shall increase the deposit to $5000 before a license is issued. The candidate may replace the cash deposit with a $5000 surety bond;

6.        Completion  of  the  written  examination   required  by

A.R.S. § 23-526 with a passing grade by the candidate and all managing agents. An 80% grade is required to pass the examination;

7.        Certified resolution of the corporation authorizing the application for an employment agent license and naming the individuals authorized to act on behalf on the corpora- tion;

8.        A copy of the candidate’s articles of incorporation on file with the Arizona Corporation Commission;

9.        A copy of the franchise agreement, if the proposed busi- ness is a franchise;

10.     A copy of the sale or purchase agreement, if the candidate is purchasing an existing employment agent business; and

11.     A copy of the registration of the trade name through the Arizona Secretary of State.

E.       A candidate shall include with an application for initial employment agent license a schedule of fees and charges as described in A.R.S. § 23-530(A).

F.       A candidate shall include with an application for initial employment agent license a copy of all rules and regulations as described in A.R.S. § 23-530(A).

G.      A candidate shall include with an application for initial employment agent license sample forms of the following doc- uments:

1.        Receipts;

2.        Contracts;

3.        Job order forms; and

4.        Other documents that relate in any manner to the fee that is charged an applicant.

Historical Note

Former Rule V; Former Section R4-13-305 renumbered and amended as Section R4-13-306, new Section R20-5- 305 adopted effective March 9, 1981 (Supp. 81-2). R20- 5-305 recodified from R4-13-305 (Supp. 95-1). Section R20-5-305 repealed; new Section R20-5-305 adopted effective September 9, 1998 (Supp. 98-3).