State until the close of the fiscal year next succeeding that in which such session is commenced. Subject to the foregoing limitations, any amount so apportioned unexpended at the end of the period during which it is available for expenditure under this chapter shall, within sixty days thereafter, be reapportioned for the current fiscal year among all the States in the same manner and on the same basis, and certified to the Secretary of the Treasury and treasurers of the States in the same manner, as if it were being apportioned under this chapter for the first time. SEC. 49e. Amount certified.—Within 60 days after any appropriation has been made under authority of this chapter the director shall make the apportionment thereof as provided in section 49d and shall certify to the Secretary of the Treasury and to the treasurers of the several States the amount apportioned to each State for the fiscal year for which the appropriation has been made.

SEC. 49f. Acceptance of act by State. Within 60 days after any appropriation has been made under the authority of this chapter, and as often thereafter while such appropriation remains available as he deems advisable, the director shall ascertain as to each of the several States (1) whether the State has, through its legislature or its governor, as the case may be, accepted the provisions of this chapter and designated or authorized the creation of an agency to cooperate with the United States Employment Service in the administration of this chapter in compliance with the provisions of section 49c of this chapter; and (2) the amounts, if any, which have been appropriated or otherwise made available by such State and by any agency thereof, including appropriations made by local subdivisions, in compliance with the provisions of section 49d of this chapter. If the director finds that a State has complied with the requirements of such sections, and if plans have been submitted and approved in compliance with the provisions of section 49g of this chapter, the director shall determine the amount of the payments, if any, to which the State is entitled under the provisions of section 49d, and certify such amount to the Secretary of the Treasury. Such certificate shall be sufficient authority to the Secretary of the Treasury to make payments to the State in accordance therewith.

SEC. 49g. Submission of State plans.-Any State desiring to receive the benefits of this chapter shall, by the agency designated to cooperate with the United States Employment Service, submit to the director detailed plans for carrying out the provisions of this chapter within such State. In those States where a State board, department, or agency exists which is charged with the administration of State laws for vocational rehabilitation of physically handicapped persons, such plans shall include provision for cooperation between such board, department, or agency and the agency designated to cooperate with the United States Employment Service under this chapter. If such plans are in conformity with the provisions of this chapter and reasonably appropriate and adequate to carry out its purposes, they shall be approved by the director and due notice of such approval shall be given to the State agency.

SEC. 49h. Reports of operation.-Each State agency cooperating with the United States Employment Service under this chapter shall make such reports concerning its operations and expenditures as shall be prescribed by the director. It shall be the duty of the director to ascertain whether the system of public employment offices maintained in each State is conducted in accordance with the rules and regulations and the standards of efficiency prescribed by the director in accordance with the provisions of this chapter. The director may revoke any existing certificates or withhold any further certificate provided for in section 49f, whenever he shall determine, as to any State, that the cooperating State agency has not properly expended the moneys paid to it or the moneys herein required to be appropriated by such State, in accordance with plans approved under this chapter. Before any such certificate shall be revoked or withheld from any State, the director shall give notice in writing to the State agency stating specifically wherein the State has failed to comply with such plans. The State agency may appeal to the Secretary of Labor from the action of the director in any such case, and the Secretary of Labor may either affirm or reverse the action of the director with such directions as he shall consider proper.

SEC. 491. Establishment of temporary service, when, etc.-During the current fiscal year and the two succeeding fiscal years the director is authorized to expend in any State so much of the sum apportioned to such State according to population, and so much of the unapportioned balance of the appropriation made under the provisions of section 49d as he may deem necessary, as follows:

(a) In States where there is no State system of public employment offices, in establishing and maintaining a system of public employment offices under the control of the director.

(b) In States where there is a State system of public employment offices, but where the State has not complied with the provisions of section 49c, in establishing a cooperative Federal and State system of public employment offices to be maintained by such officer or board and in such manner as may be agreed upon by and between the governor of the State and the director.

The authority contained in this section shall terminate at the expiration of the period specified in the first paragraph of this section, and thereafter no assistance shall be rendered such States until the legislatures thereof provide for cooperation with the United States Employment Service as provided in section 49c of this chapter.

SEC. 49j. Establishment of advisory board.—(a) The director shall establish a Federal Advisory Council composed of men and women representing employers and employees in equal numbers and the public for the purpose of formulating policies and discussing problems relating to employment and insuring impartiality, neutrality, and freedom from political influence in the solution of such problems. Members of such council shall be selected from time to time in such manner as the director shall prescribe and shall serve without compensation, but when attending meetings of the council they shall be allowed necessary traveling and subsistence expenses, or per diem allowance in lieu thereof, within the limitations prescribed by law for civilian employees in the executive branch of the Government. The council shall have access to all files and records of the United States Employment Service. The director shall also require the organization of similar State advisory councils composed of men and women representing employers and employees in equal numbers and the public.

(b) In carrying out the provisions of this chapter the director is authorized and directed to provide for the giving of notice of strikes or lockouts to applicants before they are referred to employment.

SEC. 49k. Promulgation of regulations.-The director, with the approval of the Secretary of Labor, is hereby authorized to make such rules and regulations as may be necessary to carry out the provisions of this chapter.

SEC. 491. Franking privilege.-The Postmaster General is hereby authorized and directed to extend to the United States Employment Service and to the system of employment offices operated by it in conformity with the provisions of this chapter, and to all State employment systems which receive funds appropriated under authority of this chapter, the privilege of free transmission of official mail matter.

Private Employment Agencies

ALASKA

COMPILED LAWS, 1933

CHAPTER 61, ARTICLE 4.-License taxes

SECTION 3138. Amount of tax. Any person, firm or corporation prosecuting, or attempting to prosecute, any of the following lines of business, or who shall employ any of the following appliances, in the Territory of Alaska, shall apply for and obtain a license and pay for such license, for the respective lines of business and appliances, as follows

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Par. 6. Employment agencies, operating for hire and collecting a fee for service, five hundred dollars per annum.

ARIZONA

SUPPLEMENT (1936) TO REVISED CODE, 1928

CHAPTER 24. ARTICLE 6.-Private employment offices

SECTION 1457a. Definitions.-The term "employment agent" shall mean and include all persons, firms, corporations, or associations which, for a fee, commission or charge, furnish to persons seeking employment information enabling or tending to enable such persons to secure the same, or which furnish employers seeking laborers or other help of any kind, information enabling or tending to enable such employers to secure such help, or which keep a register of persons seeking employment or help as aforesaid, whether such agents conduct their operations at a fixed place of business, on the streets or as transients, and also whether such operations constitute the principal business of such agents or only a side line or an incident to another business; but this term shall not include any employer who procures help for himself only, or an employee of such an employer who procures herp for him and does not act in a similar capacity for any other employer.

SEC. 1457b. Misrepresentations.-No person, firm, association, or corporation, or any employee or agent thereof, shall make any false statement to any person furnishing or seeking employment, knowing the same to be false, in regard to any employment, work or situation, its nature, location, duration, wages or salary attached thereto, or the circumstances surrounding the said employment, work or situation. No employment agent shall offer or hold himself out as in a position to secure or furnish employment without having an order therefor from an employer; and no employment agent shall misrepresent any other material matter in connection with any employment, work or situation he may offer or hold himself out in a position to secure.

SEC. 1457c. Inquiry as to truth.-Every employment agent shall assure himself beyond a reasonable doubt that any representations whatsoever, whether spoken, written or advertised in printed form, which he makes with regard to any employment, work or situation, and which leads or may lead persons to seek such employment, work or situation, are true and cover all the material facts affecting the employment in question.

SEC. 1457d. Fee splitting.-No employment agent nor any employee or agent thereof, shall divide or offer to divide, or share directly or indirectly, any fee, charge, or compensation received from any applicant for employment, with any employer, superintendent, manager, foreman, or any other person who hires help or to whom help is furnished by an employment agent; and it shall be unlawful for any employer, superintendent, manager, foreman, or any other person who hires help to receive any compensation or any valuable consideration from any applicant for employment or from any employment agent for giving employment to said applicant or to any employees furnished by said employment agent.

SEC. 1457e (as amended 1937, ch. 33). License.-No person, firm, association, or corporation shall engage in the business of employment agent for profit, or receive any fee, charge, commission or other compensation, directly or indirectly, for services as an employment agent without first obtaining from the industrial commission a license therefor, as hereinafter provided.

SEC. 1457f (as amended 1937, ch. 33). Application; deposit.—Any person, firm, corporation, or association desiring a license as employment agent shall make application therefor to the industrial commission, and accompany the same with a cash deposit in the sum of five hundred dollars, conditioned that the agent will conform in all particulars to the requirements of law relating to the business of employment agent. Said cash deposit shall at all times be maintained at five hundred dollars.

SEC. 1457g. Annual fees.-Each such license shall expire on June thirtieth, next following the date of issue and may be renewed annually. The fee for such license or renewal shall be as follows: One per cent on the first five thousand dollars of the fees, charges, commissions, or other compensation actually received during the life of the license or renewal by an employment agent for service as such; three-fourths of one per cent on the second five thousand dollars of such receipts; and one-half of one per cent of all such receipts in excess of ten thousand dollars: Provided, that in no event shall such fee be less than twentyfive dollars nor more than one hundred and fifty dollars. The minimum fee shall be paid before a license or renewal thereof is issued. Each employment agent to whom a license has been issued as required herein shall file with the industrial commission within the first ten days of July in each year, a verified statement showing the actual fees, charges, commission, or other compensation received by him for services as such agent during the preceding year and with such statement shall pay the balance, if any, of such license fee due the state. Such fees shall be paid to the industrial commission, and shall be paid by it into the general fund of the State treasury within one week of receipt.

SEC. 1457h. Authority of the industrial commission.-The industrial commission is vested with the power and jurisdiction to have such supervision of every employment agent as may be necessary adequately to enforce and administer all laws and lawful orders designated to prevent fraud, misrepresentation, false statements, or other unauthorized acts of such employment agent.

SEC. 14571. Visitorial power of commission.-Any commissioner or deputy of the commission may enter any employment office or the place of business of any employment agent for the purpose of collecting facts and statistics, examining the records or registers kept by such employment agent, and bringing to the attention of such agent any law or any order of the commission, or any failure on the part of such employment agent to comply therewith. No employment agent shall refuse to admit any commissioner or deputy of the commission to his place of business.

SEC. 1457j. Inquisition.-Any employment agent receiving from the commission any blanks calling for information required by it to carry out the provisions of this act, with directions to fill the same, shall cause the same to be properly filled out so as to answer fully and correctly each question therein propounded, and in case he is unable to answer any question he shall give a good and sufficient reason for such failure, and said answer shall be verified by two witnesses, and returned to the commission at its offices within the period fixed by the commission.

SEC. 1457k. Schedule of fees or charges.-Every applicant for a license to engage in the business of an employment agent shall file with the commission, within a time fixed by the commission, a schedule of the fees or charges made by such employment agent both to applicants for employment and for help for any services rendered to such applicants, together with all rules or regulations that may in any manner, affect the fees charged or to be charged for any service. No license shall be issued to such applicant unless such fees and such rules or regulations are reasonable. Such fees and such rules or regulations may be changed only with the approval of the industrial commission and when changed shall be filed with said commission. It shall be unlawful for any employment agent to charge, demand, collect or receive a greater compensation for any service performed by him than is specified in the schedule filed with the commission and no employment agent shall charge a registration fee without permission from the industrial commission.

SEC. 14571. Receipt given applicant.-It shall be the duty of every licensed person conducting an employment agency to give every applicant for employment from whom a fee shall be received a receipt in which shall be stated the name and address of such employment agency, the name and address of the person to whom the applicant is sent for employment, the name of the applicant, the date,

the amount of fee, the kind of work or service to be performed, the general conditions of employment, including among other things the rate of wages or compensation, whether or not board and lodging is to be furnished, the hours of employment, the cost of transportation and whether or not it is to be paid by the employer, the time of such service, if definite and if indefinite to be so stated, and the name of the person authorizing the hiring of such applicant. There shall be printed on the face of the receipt in prominent type the following: "This agency is licensed by the industrial commission of the state of Arizona." All receipts shall be made and numbered in original and duplicate. The original shall be given to the applicant paying the fee and the duplicate shall be kept on file at the employment agency. The receipts used by such licensed agents shall be approved by the industrial commission.

SEC. 1457m (as amended 1937, ch. 33). Return of fee.-(a) No employment agent, or agent thereof, shall send out any applicant for employment without having a bona fide order from the prospective employer to do so.

(b) In case an applicant is sent out and fails to obtain employment as represented the employment agent shall, upon demand, refund any fee the applicant may have paid.

(c) If the applicant is sent beyond the limits of the city in which the employment agency is located, and fails to receive employment, the employment agent shall refund, in addition to said fee, necessary expenses incurred by the applicant in going to and returning from the place of prospective employment, except when applicant has been informed in writing that he is being sent for interview only. (d) If the applicant receives employment, and said employment, by reason of discharge, lasts less than seven days, or the total amount of wages paid to said applicant is less than twenty-five dollars, the employment agent shall refund only the amount of the fee paid by said applicant.

(e) Should the employment agent refuse or fail to make prompt refund, upon demand, as provided in this section, the applicant may apply to the commission for a hearing, and if the commission, upon investigation, finds that the applicant is entitled to a refund it shall issue an order to that effect, and shall pay such refund to the applicant out of the cash deposited by the employment agent. Either party to any such controversy may appeal, within five days from the issuance of any such order, to the superior court of the county in which the business of the employment agent is located.

SEC. 1457n. Revocation of license. It shall be the duty of the industrial commis- . sion and it shall have power, jurisdiction and authority to issue licenses to employment agents, and to refuse to issue such license, whenever, after due investigation, the commission or a majority of the members thereof finds that the character of the applicant makes him unfit to be an employment agent, or when the premises for conducting the business of an employment agent is found upon investigation to be unfit for such use, or whenever, upon investigation by the commission it is found and determined that the number of licensed employment agents, or that the employment agency operated by the United States, by the state or by the municipality, or by two or more thereof jointly, in the community in which the applicant for a permit proposes to operate is sufficient to supply the needs of employers and employees. Any such license granted by the commission may also be revoked by it upon due notice to the holder of said license, and upon due cause shown. Failure to comply with the duties, terms, conditions, or provisions of this act, or with any lawful orders of the commission, shall be deemed due cause to revoke such license.

SEC. 14570. Regulations, records, reports.-The commission shall have the power, jurisdiction and authority to fix and order such reasonable rules for the conduct of the business of any employment agent as may be necessary adequately to carry out the provisions of this act, and to ascertain and fix reasonable classifications of employments or positions. It may prescribe the form of books, registers or records to be kept by the employment agent, the receipts or copies of contracts to be handed to persons referred to employment, the reports to be made to the commission, the refunds to be made to applicants who failed to secure employment; and it may order any other measures reasonably necessary to protect the public, or persons seeking employment, or employees seeking help, against fraud, misrepresentation, or any other unauthorized act of any employment agent.

SEC. 1457p. Local city clerks to aid.-The clerk of every city and town in which there is no licensed or public employment agency as provided in section 5 [sec. 1457e] of this act, may solicit, receive and record applications of persons seeking employment for any period of time, and of persons desiring to employ labor, and every employer shall pay to any such clerk twenty-five cents for each time he assists in furnishing such labor. The clerk of every city and town, serving under