Section R20-5-326. Advertising

In addition to the provisions of A.R.S. § 23-534, the Department shall deem advertising false, misleading, or misrepresentative if the advertisement fails to conform to the following requirements:

1.        An advertisement shall carry the name under which the agency is licensed to do business and shall state that the business is an applicant-paid service or includes an appli- cant-paid service. An agent may abbreviate in an adver- tisement “applicant-paid service” as “app-pd svc.” An agent may abbreviate in an advertisement the name under which the agency is licensed to do business provided that an agent does not abbreviate its licensed name by using initials only unless initials are a part of the name under which the agent is licensed;

2.        If an advertisement is for a specific position, it shall be based upon an actual bona fide job order with the licensee and available at the time the advertisement is printed;

3.        An advertisement shall not use a post office box number, a press box number, an associate name, an employer or counselor name, a telephone number only, or any other “blind” address;

4.        An advertisement shall be canceled when a position is known to be filled or when knowledge is available that the position is not available;

5.        A position shall not be advertised at maximum pay only. A position may be advertised at a range from minimum to maximum, or by the words “to a maximum or $” or “to

$.” The word “open” or the symbol “$$$” may not be used as a substitute for the salary of any position or posi- tions in an advertisement;

6.        An advertised position that requires or may require travel

50 miles beyond the city in which the newspaper or medium is published shall state that the position is not local;

7.        A job title shall appear in an advertisement and shall be reasonably descriptive in accordance with the type of work to be performed;

8.        An advertisement for a position within the agency itself shall indicate the agency is the employer;

9.        An advertisement shall not state “guarantees a job,” “guaranteed results,” or words of similar import;

10.     If the advertisement is a display or promotional advertise- ment and does not list a particular position, it shall carry the licensed name of the licensed employment agency;

11.     An advertisement shall not state or imply that the licensed employment agency has access to an ‘an unpublished job market’ or ‘hidden job market’; and

12.     An advertisement for a career counseling service shall not state or imply the following:

a.        The existence of specific or general job openings;

b.        Special contacts;

c.        The success performance of clients in percentage terms;

d.        Prospective increase in income as a result of utiliz- ing the career counseling service;

e.        The number of interviews or job offers likely to be obtained as a result of utilizing the career counseling service; and

f.         The time within which it is likely that a new position will be found.

Historical Note

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