Section R20-5-309. Decision by the Commission on an Initial or Renewal Application for Employment Agent License

A.      In addition to the requirements imposed by A.R.S. § 23-521 et seq., the Commission shall consider the following before granting or denying an initial or renewal employment agent license:

1.        The information submitted by the candidate or licensee,

2.        The findings of the investigation by the Department, and

3.        The recommendation of the Council.

B.       Under the authority in A.R.S. §§ 23-523 and 23-524, the Com- mission shall deny an application for an initial or renewal license if the Commission 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.

C.      The Commission shall issue written findings and an order granting or denying an employment agent license.

D.      If the Commission denies an employment agent license, the Department shall serve a copy of the Commission’s written findings and order upon the candidate or licensee within five days of the date the Commission issues its findings and order.

E.       If the Commission grants a renewal application for employ- ment agent license, then the Department shall provide the licensee with a renewed license within five days of the date the Commission issues its written findings and order.

F.       If the Commission grants an initial application for employ- ment agent license, the Department shall provide the candidate with written notification of that approval. The written notifica- tion shall include a statement that the license approved by the Commission will be issued upon receipt of the annual fee required under A.R.S. § 23-528 and that the approval will expire within 45 days unless the fee is paid.

Historical Note

Former Rule IX. Former Section R4-13-309 repealed, former Section R4-13-307 renumbered as Section R4-13- 309 effective March 9, 1981 (Supp. 81-2). R20-5-309 recodified from R4-13-309 (Supp. 95-1). Section R20-5- 309 repealed; new Section R20-5-309 adopted effective September 9, 1998 (Supp. 98-3).