(a) Any individual, partnership, association, corporation, contractor, or subcontractor who opens, operates, or maintains an employment agency, employment counseling service, employer-paid personnel service, or job listing service, or any person acting in the capacity of an employment counselor without first obtaining a license for that purpose shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine not to exceed $1,000 for each day the violation occurs, or to imprisonment not to exceed 1 year, or both.
(b) The Mayor may, following a hearing, revoke or suspend for a period determined by the Mayor the license of any employment agency, employment counseling service, employer-paid personnel service, job listing service, or employment counselor violating any provision of this chapter.
(c) The Mayor may, following a hearing, order an employment agency, employment counseling service, employer-paid personnel service, job listing service, or employment counselor to make restitution to a complainant for losses or expenses incurred by the complainant as a result of violations of this chapter by the employment agency, employment counseling service, employer-paid personnel service, job listing service or employment counselor.
(d) The Mayor may, following a hearing, impose a fine of not less than $100 or more than $1,000 against any employment agency, employment counseling service, employer-paid personnel service, or job listing service found in violation of any provision of this chapter. The fine may be imposed for each violation.
(e) The Mayor may, following a hearing, impose a fine of not less than $25 or more than $500 against any employment counselor found in violation of any provision of this chapter. The fine may be imposed for each violation.
(f) Any employment agency, employment counseling service, employer-paid personnel service, job listing service, or employment counselor aggrieved by any order of the Mayor imposing fines, ordering restitution, or suspending or revoking a license may obtain a review thereof in the District of Columbia Court of Appeals pursuant to § 2-510.
(g) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or the rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2. Adjudication of any infractions shall be pursuant to Chapter 18 of Title 2.
CREDIT(S)
(Mar. 13, 1985, D.C. Law 5-136, § 15, 31 DCR 5727; Oct. 5, 1985, D.C. Law 6-42, § 403, 32 DCR 4450.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 36-1014.
Legislative History of Laws
For legislative history of D.C. Law 5-136, see Historical and Statutory Notes following § 32-401.
Law 6-42, the “Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985,” was introduced in Council and assigned Bill No. 6-187, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 25, 1985, and July 9, 1985, respectively. Signed by the Mayor on July 16, 1985, it was assigned Act No. 6-60 and transmitted to both Houses of Congress for its review.