Section R20-5-308. Substantive Review of Initial or Renewal Appli- cation for Employment Agent License

A.      When a completed initial or renewal application for employ- ment agent license is filed, the Department shall investigate the candidate or licensee to verify whether the information contained in and submitted with the initial or renewal applica- tion for employment agent license is accurate and complies with the requirements of A.R.S. § 23-521 et seq. and this Arti- cle. The Department shall also conduct an investigation of the candidate or licensee, in accordance with A.R.S. § 23-523(3) and § 23-524, to determine whether the candidate or licensee has a history or record of any of the following:

1.        Dishonesty;

2.        Financial instability or irregularity, including a record of misappropriation, conversion, or irregular withholding or accounting of money belonging to another;

3.        Incompetence;

4.        Gross negligence;

5.        Bribery;

6.        Willful  or  repeated  disregard  of  the  requirements   of

A.R.S. Title 23, Chapter 3, Article 2;

7.        Source of injury or loss to the public; or

8.        Lack of education, experience, training, or skill to enable the candidate, licensee, or managing agent to competently discharge the duties and responsibilities of a licensed employment agent.

B.       The Department shall verify that all individuals who are required by this Article to take the written examination required by A.R.S. § 23-526(B) have received a passing score of 80%.

C.      The Department shall present the findings of its investigation described in subsections (A) and (B) to the Council. The Council shall make its recommendation regarding an initial or renewal application for employment agent license based on the information submitted by the candidate or licensee and the investigation of the Department. Under the authority of A.R.S.

§ 23-522.02, the Council shall recommend that an application for an initial or renewal license be denied if the Council finds one or more of the following conditions:

1.        Material misrepresentation or fraud in the initial or renewal application;

2.        The candidate, licensee, or managing agent has a history or record of dishonesty;

3.        The candidate, licensee, or managing agent has a history or record of financial instability or irregularity, including a record of misappropriation, conversion or irregular withholding or accounting of money belonging to another;

4.        The candidate, licensee, or managing agent has a history or record of incompetence;

5.        The candidate, licensee, or managing agent has a history or record of gross negligence;

6.        The candidate, licensee, or managing agent has a history or record of bribery;

7.        The candidate, licensee, or managing agent has a history or record of willful or repeated disregard of the require- ments of A.R.S. Title 23, Chapter 3, Article 2;

8.        The candidate, licensee, or managing agent has a history or record of causing, directly or indirectly, injury or loss to the public; or

9.        The candidate, licensee, or managing agent lacks the edu- cation, experience, training, or skill to enable the candi- date, licensee, or managing agent to competently discharge the duties and responsibilities of a licensed employment agent.

D.      The Department shall present the recommendation of the Council pertaining to an initial application to the Commission. The Department shall also present to the Commission the rec- ommendation of the Council that denies a renewal application. If the Council recommends that a renewal application be granted, the Department is not required to present the recom- mendation to the Commission. In that event, the Department shall notify the licensee of the approval by sending the licensee a renewed license.

Historical Note

Former Rule VIII. Former Section R4-13-308 renum- bered as Section R4-13-310, new Section R4-13-308 adopted effective March 9, 1981 (Supp. 81-2). R20-5-308 recodified from R4-13-308 (Supp. 95-1). Section R20-5- 308 repealed; new Section R20-5-308 adopted effective September 9, 1998 (Supp. 98-3).