Section 9-301 - Applications for licenses.
§ 9-301. Applications for licenses.
(a) Submit bond.- An employment agency shall submit to the Commissioner a penal bond.
(b) Bond.- The bond shall:
(1) run to the State;
(2) be in the amount of $7,000;
(3) be signed by an individual authorized to do so by the employment agency as principal and by a surety company authorized to do business in the State as surety; and
(4) be conditioned that the employment agency will comply with this title and will pay to any person all damages caused by deceit, fraud, misrepresentation, or misstatement of the employment agency or an agent or employee of the employment agency.
(c) Investigation.- To ensure that each employment agency submits the penal bond in accordance with this section, the Commissioner may initiate an investigation or investigate a complaint that an employment agency has failed to submit a penal bond.
(d) Written notice.- If, after investigation, the Commissioner finds that an employment agency has failed to submit a penal bond as required by this section, the Commissioner shall give written notice that directs the employment agency, within 15 days after receipt of the notice:
(1) to submit the required bond; or
(2) to show written cause why the employment agency is not required to comply with this section.
(e) Action by Commissioner if agency complies or fails to comply.-
(1) If the employment agency complies with the requirement to submit a bond or otherwise submits a timely response, the Commissioner may:
(i) terminate proceedings against the employment agency; or
(ii) schedule a hearing and, by certified mail, give the employment agency written notice of the date, place, and time of the hearing.
(2) If the employment agency fails to comply with a lawful order of the Commissioner or fails to submit a timely response, the Commissioner may impose a civil penalty of not less than $500 and not more than $1,000 for each failure to comply with the order or failure to submit a timely report.
(f) Civil penalty.- If after a hearing, the Commissioner finds that the employment agency has violated the provisions of this section, the Commissioner may impose a civil penalty of not less than $500 and not more than $1,000 for each violation of this section.
[An. Code 1957, art. 56, §§ 163, 164; 1992, ch. 4, § 2; 2003, ch. 316, § 3; 2008, chs. 434, 435.]