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This entry was published on 2017-03-17
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SECTION 173
Application for license
General Business (GBS) CHAPTER 20, ARTICLE 11
§ 173. Application for license. 1. An application for such license
shall be made to the commissioner of labor, except that if the
employment agency is to be conducted in the city of New York the
application for such license shall be made to the commissioner of
consumer affairs of such city. If the employment agency is owned by an
individual such application shall be made by such individual; if it is
owned by a partnership such application shall be made by all partners;
if it is owned by an association or society, such application shall be
made by the president and treasurer thereof, by whatever title
designated; if it is owned by a corporation, such application shall be
made by all its officers and, if the stock of the corporation is
publicly traded, by all stockholders holding ten percent or more of the
stock of such corporation. A conformed or photostatic copy of the
minutes showing the election of such officers shall be attached to such
application.

If the applicant will conduct business under a trade name or if the
applicant is a partnership, the application for a license shall be
accompanied by a copy of the trade name or partnership certificate duly
certified by the clerk of the county in whose office said certificate is
filed. Such trade name shall not be similar or identical to that of any
existing licensed agency.

2. a. Such application shall be written and in the form prescribed by
the commissioner and shall state truthfully the name and address of the
applicant; the name under which the employment agency is to be
conducted; the street and number of the building or place where the
business is to be conducted; the business or occupations engaged in by
the applicant theretofore; the name and address of the individual who
will be responsible for the direction and operation of the placement
activities of the agency, whether such individual be the applicant or
another; the length of time such individual has spent as a placement
employee; a description of the duties of such individual when so
engaged; the name and present address of the last employer to employ
such individual as a placement employee; and such other information as
may be prescribed by the commissioner. If such individual is not the
applicant, the application for a license shall be accompanied by an
application for an agency manager permit by the individual who will be
responsible for the direction and operation of the placement activities
of the agency. An application for an agency manager permit shall be on
such form as prescribed by the commissioner.

b. The application for a license shall be accompanied by samples or
accurate facsimiles of each and every form which the applicant for a
license will require applicants for employment to execute, and such
forms must be approved by the commissioner before a license may be
issued. The commissioner shall approve any such forms which fairly and
clearly represent contractual terms and conditions between the proposed
employment agency and applicants for employment, such as are permitted
by this article. The commissioner shall make all forms required pursuant
to this article available to employment agencies in languages other than
English, including any other language that the commissioner determines,
in his or her discretion, based on the size of the New York population
that speaks each language and any other factor that the commissioner
deems relevant. An employment agency shall not be penalized for errors
or omissions in the non-English portions of any forms provided by the
commissioner.

c. If the applicant for a license intends to recruit persons who
reside in a state outside this state for employment as domestic or
household employees, or to recruit persons from outside the continental
United States for domestic or household employment, or is to provide or
arrange for lodging of applicants for employment or other persons doing
business with the agency, he shall so state in the application for a
license, and give the address where such lodging will be provided. Such
application shall be accompanied by the statements of at least two
reputable residents of the state, subscribed and affirmed by such
residents as true under the penalties of perjury, except that where the
agency is to be conducted in New York city, the statements shall be of
at least two reputable persons who reside or do business in such city,
to the effect that the applicant is a person of good moral character.