Section R20-5-321. Bona Fide Job Referral

A.      A referral from a licensee, other than a talent or modeling agent, is bona fide when all of the following are completed:

1.        The licensee informs the applicant of the name and loca- tion of an employer that has placed a bona fide job order, including the name of the individual to whom the appli- cant will report for an interview;

2.     The licensee informs the applicant of the job specifica-		reporting to work. For purposes of this Section ‘justifi-
tions and salary range, including the nature, terms, and		able circumstances’ include death of an applicant or fam-
conditions of the position;		ily member, serious physical or psychological illness or
3.     The  licensee  informs  the  employer  of  the  applicant’s		condition  of   an  applicant  or   family  member  or  ‘just
name and qualifications; and		cause’ as defined in R20-5-323(F);
4.     The employer and applicant agree, either directly or by		3.     The applicant fails to secure or does not accept a position
authorized arrangement of the licensee, to meet for an		to which the applicant was originally referred but accepts
interview.		another position with that employer or with any employer
B.    A referral from a talent or modeling agent is bona fide when		to whom the first employer refers the applicant within six
all of the following are completed:		months as a result of the original referral by the licensee;
1.     The talent or modeling agent informs the applicant of the		and
name and location of a company that has placed a bona		4.     The applicant informs another person of the availability
fide job order;		of the position described in the referral by the licensee
2.     The talent or modeling agent informs the applicant of the		and that person accepts the position within six months
time and duration of the contracted engagement and the		after the date of the referral.
amount to be paid to the applicant for the engagement;	B.	Under A.R.S. § 23-530 and subject to subsection (D), a talent
and		or modeling agent may charge an applicant a fee when the
3.     The  talent  or   modeling  agent   gives  the  applicant   a		applicant receives compensation from the company to whom
description of the entertainment or services to be per-		the applicant is sent under a bona fide referral.
formed by the applicant, including the nature, terms, and	C.	Under A.R.S. § 23-530 and subject to subsection (D), a career
conditions of the position, and if applicable, the number		counselor may either charge an applicant a fee after the appli-
of performances per day or week required of the appli-		cant receives services from the career counselor, or require
cant.		payment in advance of services, if the career counselor pro-
Historical Note		vides a prompt refund to the applicant when services are not
Adopted effective September 9, 1998 (Supp. 98-3).		provided.
	D.	Computation of a fee by a licensee other than a talent or mod-
R20-5-322.     Submission and Approval of Fee Schedule and		eling agent or career counselor.
Receipts by Commission		1.     A licensee shall not charge a full fee but may charge an
A.    The Department shall not approve a fee schedule or receipt		adjusted fee to an applicant who starts work but before
submitted by a candidate or licensee unless the schedule or		the expiration of 90 days stops work for the following
receipt is in a form that is reasonably understandable by appli-		reasons:
cants.		a.     The applicant or family member dies,
B.    The Department shall consider the following factors in deter-		b.     The applicant or family member suffers a serious
mining the reasonableness of a fee under A.R.S. § 23-530(B):		physical or psychological illness or condition,
1.     The fee customarily charged in the locality for similar		c.     The applicant is discharged ‘without fault’, or
employment services;		d.     The applicant resigns with ‘just cause’.
2.     The time and labor required of the candidate or licensee;		2.     A licensee shall not charge more than 50% of the sched-
3.     The skill required to perform the employment services		uled fee to an applicant who fails to report to work with-
properly; and		out good reason or voluntarily terminates employment
4.     The experience, reputation, and ability of the candidate or		without just cause within 30 days of starting employment.
licensee performing the employment services.	E.	For purposes of computing a fee, termination “for cause” or
C.    A  licensee   may  change  its   schedule  of  fees   by  filing  an		“with fault” means a lawful or legal termination “for cause” or
amended schedule of fees with the Department. The licensee		“with fault” under the laws of this State which may include
shall not use the amended schedule of fees until the schedule		termination for the following reasons:
has been approved by the Department.		1.     Unexcused absence from work;
D.    Except as provided in R20-5-308, the Department shall review		2.     Intentional violation of employer work rules; or
a licensee’s amended schedule of fees within 30 days from the		3.     Incapacitation or inability to perform work duties due to
date of filing and shall issue a written order approving or dis-		alcohol, drugs, or illegal substances or agents.
approving the schedule of fees. The Commission shall deem	F.	For purposes of computing a fee, an applicant has “just cause”
an order approving or disapproving the schedule of fees final		for voluntarily terminating employment when the conditions
unless a licensee requests a hearing within 30 days after the		of employment were either misrepresented or withheld from
order is issued. R20-5-312, R20-5-313, and R20-5-314 shall		the applicant and those conditions, if known, would cause the
govern hearings held under this subsection.		applicant to reasonably refuse employment.
	G.	Refund of a fee.

  

 

Historical Note

Adopted effective September 9, 1998 (Supp. 98-3).