The commissioner shall not cancel the license of any emigrant agent until complaint in writing made by a credible person, shall be filed with him, specifying in general terms the grounds of the proposed cancellation, and a full and fair hearing given to him thereon. Upon the filing of such complaint, the commissioner shall fix a time and place, reasonably accessible to the emigrant agent complained against, for the hearing of said complaint. The commissioner shall notify the agent so complained against of the time and place fixed for said hearing by a registered letter addressed to him at his post-office address as the same appears upon his application for license, accompanied by an exact copy of the complaint against him; and mailing of such notice and copy shall be sufficient and conclusive evidence of proper service of the procedure upon the agent so complained against. The emigrant agent so complained against shall have at least 10 days after the date of said notice mailed, exclusive of the day of mailing and day of hearing, before hearing upon said complaint shall be had, and shall have the right to file answer, introduce evidence and to be heard both in person and by counsel. The commissioner shall have the power to summon and compel the attendance of witnesses before him to testify in relation to any such complaint, and may require the production of any book, paper or document deemed pertinent thereto. Said commissioner shall also have the power to provide for the taking of depositions of witnesses and evidence may be heard either from witnesses present testifying orally, or by deposition taken under such rules, and in such fair and impartial manner as the commissioner may prescribe. Said hearing shall be had before the commissioner and shall be conducted in a fair and orderly manner, and in accordance with rules of procedure to be adopted by the commissioner. At the conclusion of the hearing the commissioner shall enter his findings and judgment in writing and the same shall be recorded by him in a permanent record to be kept by him, and a copy thereof furnished to the emigrant agent complained against. Any emigrant agent whose license shall be canceled by the commissioner may, within 30 days after the cancellation thereof, and not thereafter, have his right of action for reinstatement against the commissioner in the district court of Travis County. If the agent whose license has been canceled by the commissioner shall, within 10 days after receiving information of such cancellation, give notice to the commissioner in writing of his intention to file such suit, the action of the commissioner in canceling the said license shall be suspended for a period of 30 days, but unless such suit shall be filed within said time, the action of the commissioner shall be final. If suit shall be filed against the commissioner to reinstate said license within said time, the action of the commissioner shall remain suspended until the validity of the license in question shall be adjusted by the court in said suit. In such suits the burden shall be upon the emigrant agent to show good cause for reinstatement of his license. SEC. 6. Reports.-Each emigrant agent shall make monthly reports on the first day of each and every month covering the preceding month correctly showing the name and address of every agent, subagent, contractor, solicitor or recruiter engaged in any part of the work connected with the business of hiring, enticing or soliciting laborers in this State to be employed beyond the limits of this State in in which such emigrant agent is engaged, and correctly showing, (a) the name, age, sex, race and address of each person hired to be employed beyond the limits of this State, (b) the name and address of the employer of every such person, (c) the kind of work every such person is employed to do, (d) the place where every such person is to be employed, (e) the term of employment of every such person, and (f) the wages to be paid to every such person for his work, and (g) the number, name, and address of each party if any returned to the State of Texas by said agent, which report shall be filed with the said commissioner of labor statistics. The said commissioner shall have the authority, and it shall be his duty, to cancel the license of every emigrant agent who fails to make and file such monthly report on or before the tenth day of each month respectively in accordance with the cancellation procedure provided in this act. SEC. 7. Application of act.-This act shall also apply in all its terms and provisions to every other person, firm, corporation, maritime agency or association of persons hiring, enticing or soliciting laborers to be employed by him beyond the limits of this State, but not maintaining an office therefor, except that such other person, firm, corporation, maritime agency, or association of persons as used in this section, shall not be required to pay the occupation taxes in order to procure a license but shall pay to the labor commissioner the annual license fee provided by this act, and shall perform all the other provisions of this act, and such license shall in that event be limited to such holder thereof hiring, enticing or soliciting laborers exclusively and only for said holder of such license: Provided, however, 136553-37—16 That this section shall not apply to a person where the number to be employed by such person shall not exceed 10 employees. Par. 40. (p. 1276). From every person, firm, corporation or association of persons engaged in the business of an emigrant agent, an annual State tax of $1,000 and in addition thereto, in each county where said emigrant agent operates or maintains an office, an annual tax, on a population basis, according to the preceding Federal census, as follows: In counties under 100,000 population the sum of $100; in counties having a population from 100,000 to 200,000 inclusive, the sum of $200; and in counties over 200,000 population, the sum of $300. The term "emigrant agent" as used herein means the business of hiring, enticing, or soliciting laborers in this State to be employed beyond the limits of this State and is also meant to include every person, firm, partnership, corporation or association of persons maintaining an office to hire, entice, or solicit laborers to be employed beyond the limits of this State; and is also meant to include every person who, as an independent contractor or otherwise than as an agent of a duly licensed emigrant agent procures, or undertakes to procure, or assist in procuring laborers for an emigrant agent; and every emigrant agent shall be termed and held to be doing business as such in each and every county wherein he, in person, or through an agent, hires, entices, or solicits any laborer to be employed beyond the limits of the State: Provided, however, That the term "emigrant agent" as defined in this act does not mean any person, firm, association of persons or corporations or maritime agent that hires, entices or solicits laborers for his or its own use beyond the limit of this State where an office is not maintained therefor. It is further provided that the provisions of article 7048 authorizing the payment of an occupation tax quarterly shall not apply to emigrant agents as herein defined but such agents shall pay in advance the tax for one entire year. Said tax shall be paid to the tax collector and upon production of a receipt showing the payment of the amount due the State, the tax collector is authorized to receive the amount due for each county. VIRGINIA Tax code SECTION 183 (p. 2176). Labor and emigrant agents.-Any person who solicits, hires, or contracts with, laborers, male or female, to be employed by persons other than himself, and every agent of such person except as provided in the next following section, shall be deemed to be a labor agent. Every person who shall without a license conduct business as a labor agent, shall pay a fine of not less than one hundred dollars nor more than five hundred dollars. Every person who engages in the business of a labor agent shall pay annually five hundred dollars for the purpose of transacting the said business, except that every person who engages in the business of an "emigrant agent" in this State shall pay annually five thousand dollars for the privilege of transacting said business in each county or city in which he operates or solicits laborers or emigrants to be employed beyond the limits of this State. The term "emigrant agent," contemplated in this section, shall be construed to mean any person engaged in hiring laborers or soliciting emigrants in this State to be employed beyond the limits of this State. Any person doing the business of an emigrant agent, without having first obtained such license, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one hundred dollars and not more than five thousand dollars, or may be imprisoned in jail not less than one month nor more than twelve months for each and every offense, in the discretion of the court or jury before whom the case is heard. Such emigrant agent shall also be subject to the other laws of this State referring to labor agencies except that he shall not be required to pay any other license than the license above prescribed: Provided, That this section shall not apply to Virginia contractors temporarily engaged on contracts in other States when themselves employing labor for their own work. Before any such license shall be issued, the applicant shall produce a certificate from the corporation court of the city or the circuit court of the county in which such labor agent proposes to have his office, or of the county in which he proposes to do business, that to the personal knowledge of the judge of such court or from the information of credible witnesses under oath before such court, the court is satisfied that the applicant is a person of good character and honest demeanor. This section shall not apply to representatives of labor organizations within the State of Virginia, in cases where, because of need of employment, they may direct their members to employment in other States of the Union. Every license issued under this section shall expire on the thirty-first day of December of each year. No license issued under this section shall be prorated. WEST VIRGINIA CODE OF 1931 CHAPTER 11, ARTICLE 12.-License taxes ovides [Sec. 53 provides for a license fee of $5,000 to conduct an emigrant agency. See p. 223.] Appendix Articles on Employment Agencies and Their Work, as Contained in Bureau of Labor Statistics Publications Operations of United States Employment Service. Monthly reports on the work of the U. S. Employment Service are published in the Monthly Labor Federal act creating national employment service. Development of public employment services. M. L. R., June 1935. *How labor can use the Employment Service. Labor Information Bulletin, Nov. 1934. A day in a public employment office. Labor Information Bulletin, May 1936. Age of persons using services of public employment offices, year ending June 1935. M. L. R., Mar. 1936. Industrial classification of placements in private industry by public employment offices, year ended June 30, 1935. M. L. R., Apr. 1936. Length of unemployment of new applicants at public employment offices. M. L. R., Mar. 1936. Occupational classification of new registrants and persons placed in employment by public employment offices, June 1935. M. L. R., Feb. 1936. *Laws relating to employment agencies in United States, as of January 1, 1933. Bul. 581. Laws relating to employment agencies in United States, enacted in 1933. Serial R. 80. Proceedings of International Association of Public Employment Services. Some of the proceedings of this association have been published in bulletin form by the Bureau of Labor Statistics, the latest bulletin (No. 538) published by this Bureau containing the proceedings of the 1929 and 1930 meetings. The proceedings of the 1935 meeting were published by the Division of Labor Standards of the U. S. Department of Labor. Publications of the United States Employment Service †Employment Service News. (Issued monthly.) Interviewing Applicants in Public Employment Offices. Employment Office Manual Series, Section I. Premises, Layout, and Equipment of Public Employment Offices. Employment Office Manual Series, Section II. †Occupational Titles and Codes for Use in Public Employment Offices-Group Arrangement. Employment Office Manual Series, Section B. †Occupational Titles and Codes for Use in Public Employment Offices-Alphabetic Arrangement. Employment Office Manual Series, Section C. Industrial Titles and Codes for Use in Public Employment Offices. Employment Office Manual Series, Section D. Development of Standards in the Public Employment Service. From the Personnel Journal, Volume VII, No. 5. February 1934. fOutline of the Responsibilities of the United States Employment Service in the Registration and Referral of Workers on Works Projects Authorized under the Emergency Relief Appropriation Act. 1935. Employment Office Manual Series, Section IV. 1935. Supply for free distribution exhausted. † Printed for use by the personnel of the U. S. Employment Service. May be purchased by the public from the Superintendent of Documents, Government Printing Office, Washington, D. C., at prices quoted above. *Job Descriptions for the Automobile Manufacturing Industry: Vols. I, II, III. ($2.50.) *Job Descriptions for the Construction Industry: *Twelve and One-half Million Registered for Work. 1934. †Guide for Directors of State Employment Services and Veterans' Placement Representatives. November 15, 1933. • Supply for free distribution exhausted. † Printed for use by the personnel of the U. S. Employment Service. May be purchased by the public from the Superintendent of Documents, Government Printing Office, Washington, D. C., at prices quoted above. O |