§ 95-47.3A. Fee reimbursement from employers due to overstated earnings expectations.
§95‑47.3A. Fee reimbursement from employers due to overstated earningsexpectations.
(a) An applicant whoaccepts employment that is compensated in whole or in part on a commissionbasis, and who pays a fee to the licensee calculated on the commission‑basedcompensation amount stated by the employer in the written job order, may file awritten complaint with the Commissioner if the applicant did not earn at leasteighty percent (80%) of the compensation amount stated by the employer in thewritten job order. If the applicant files the written complaint before theperiod upon which the anticipated earnings is based has ended, the Commissionershall prorate the amount earned over the period of time the applicant workedprior to the filing of the complaint in order to determine whether or not theapplicant earned at least eighty percent (80%) of the compensation amountstated by the employer in the written job order.
(b) The Commissionershall investigate all complaints filed pursuant to subsection (a) of thissection. After completion of the investigation and a hearing, the Commissionershall order the employer to reimburse the applicant for part or all of the feepaid by the applicant to the licensee if the Commissioner finds the applicantis entitled to the refund based on all of the following:
(1) The applicant didnot earn at least eighty percent (80%) of the compensation amount stated by theemployer in the written job order;
(2) The licenseereasonably relied on the compensation information provided by the employer incalculating the fee paid by the applicant;
(3) It is unrealistic toexpect that an employee could earn substantially the amount of commission‑basedcompensation stated by the employer in the written job order filed with thelicensee; and
(4) The fee paid by theapplicant to the licensee was calculated based on the commission‑basedcompensation stated by the employer in the written job order.
(c) The reimbursementdue the applicant under subsection (b) shall be the difference between the feeactually paid by the applicant to the licensee, and the fee that the applicantwould have paid if the compensation stated by the employer in the written joborder had been what the applicant actually earned or reasonably could haveearned during the applicable employment period.
(d) The Commissionershall adopt rules setting forth procedures for complaints and investigations,and standards for determining whether a statement by the employer in thelicensee's written job order of potential or anticipated commission‑basedearnings is realistic under the circumstances. The Commissioner or hisauthorized representative shall have power to administer oaths and examinewitnesses, issue subpoenas, compel the attendance of witnesses and theproduction of papers, books, accounts, records, payrolls, documents, and takedepositions and affidavits in any proceeding hereunder. Additionally, theCommissioner shall adopt rules setting forth procedures for enforcement of anyorder made under subsections (b) and (c) of this section. Rules adopted by theCommissioner pursuant to this section shall be in accordance with Chapter 150Bof the General Statutes.
(e) The Commissionershall enforce and administer the provisions of this section, and theCommissioner or his authorized representative is empowered to hold hearings andto institute civil proceedings to collect on behalf of the applicant anyamounts determined to be owed by the employer. (1991 (Reg. Sess., 1992), c.970, s. 3.)