§ 173 — Application for license

New York § 173

• Jurisdiction: New York
• Law GBS: General Business
• Art. 11: Employment Agencies

Text

§ 173. Application for license. 1. An application for such license\nshall be made to the commissioner of labor, except that if the\nemployment agency is to be conducted in the city of New York the\napplication for such license shall be made to the commissioner of\nconsumer affairs of such city. If the employment agency is owned by an\nindividual such application shall be made by such individual; if it is\nowned by a partnership such application shall be made by all partners;\nif it is owned by an association or society, such application shall be\nmade by the president and treasurer thereof, by whatever title\ndesignated; if it is owned by a corporation, such application shall be\nmade by all its officers and, if the stock of the corporation is\npublicly traded, by all stockholders holding ten percent or more of the\nstock of such corporation. A conformed or photostatic copy of the\nminutes showing the election of such officers shall be attached to such\napplication.\n If the applicant will conduct business under a trade name or if the\napplicant is a partnership, the application for a license shall be\naccompanied by a copy of the trade name or partnership certificate duly\ncertified by the clerk of the county in whose office said certificate is\nfiled. Such trade name shall not be similar or identical to that of any\nexisting licensed agency.\n 2. a. Such application shall be written and in the form prescribed by\nthe commissioner and shall state truthfully the name and address of the\napplicant; the name under which the employment agency is to be\nconducted; the street and number of the building or place where the\nbusiness is to be conducted; the business or occupations engaged in by\nthe applicant theretofore; the name and address of the individual who\nwill be responsible for the direction and operation of the placement\nactivities of the agency, whether such individual be the applicant or\nanother; the length of time such individual has spent as a placement\nemployee; a description of the duties of such individual when so\nengaged; the name and present address of the last employer to employ\nsuch individual as a placement employee; and such other information as\nmay be prescribed by the commissioner. If such individual is not the\napplicant, the application for a license shall be accompanied by an\napplication for an agency manager permit by the individual who will be\nresponsible for the direction and operation of the placement activities\nof the agency. An application for an agency manager permit shall be on\nsuch form as prescribed by the commissioner.\n b. The application for a license shall be accompanied by samples or\naccurate facsimiles of each and every form which the applicant for a\nlicense will require applicants for employment to execute, and such\nforms must be approved by the commissioner before a license may be\nissued. The commissioner shall approve any such forms which fairly and\nclearly represent contractual terms and conditions between the proposed\nemployment agency and applicants for employment, such as are permitted\nby this article. The commissioner shall make all forms required pursuant\nto this article available to employment agencies in languages other than\nEnglish, including any other language that the commissioner determines,\nin his or her discretion, based on the size of the New York population\nthat speaks each language and any other factor that the commissioner\ndeems relevant. An employment agency shall not be penalized for errors\nor omissions in the non-English portions of any forms provided by the\ncommissioner.\n c. If the applicant for a license intends to recruit persons who\nreside in a state outside this state for employment as domestic or\nhousehold employees, or to recruit persons from outside the continental\nUnited States for domestic or household employment, or is to provide or\narrange for lodging of applicants for employment or other persons doing\nbusiness with the agency, he shall so state in the application for a\nlicense, and give the address where such lodging will be provided. Such\napplication shall be accompanied by the statements of at least two\nreputable residents of the state, subscribed and affirmed by such\nresidents as true under the penalties of perjury, except that where the\nagency is to be conducted in New York city, the statements shall be of\nat least two reputable persons who reside or do business in such city,\nto the effect that the applicant is a person of good moral character.\n