AN ACT

 

1Repealing the act of July 31, 1941 (P.L.616, No.261), entitled
2"An act defining, regulating and providing for the licensing
3and registration of employment agents, and their
4representatives, including private employment agents,
5theatrical employment agencies and nurses' registries;
6providing for revocation and suspension of licenses and
7registrations subject to appeal and for their reinstatement;
8defining the powers and duties of the Department of Labor and
9Industry and the Department of Public Instruction; providing
10penalties, and repealing existing laws."

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Section 1 of the act of July 31, 1941 (P.L.616,
14No.261), known as the Employment Agency Law, is repealed:

15[Section 1. This act shall be known and may be cited as the
16"Employment Agency Law".]

17Section 2. Sections 2 and 3 of the act, amended October 16, 
181972 (P.L.917, No.220), are repealed:

19[Section 2. Definitions.--The following terms shall, unless
20the context otherwise indicates, have the following respective
21meaning:

1(1) "Department" shall mean the Department of Labor and
2Industry of this Commonwealth.

3(2) "Emergency engagement" means and includes any engagement
4that is to be performed within forty-eight (48) hours of the
5time such application was made by an employer.

6(3) "Employe" as used in this act means any person
7performing or seeking to perform work or service of any kind or
8character whatsoever for hire.

9(4) "Employer" as used in this act means any person
10employing or seeking to employ any person for hire.

11(5) "Employment agent" shall mean every person,
12copartnership, association or corporation engaged in, or
13maintaining as owner, agent, manager-contractor, subcontractor
14or in any other capacity, an intelligence office, domestic and
15commercial employment agency, theatrical or entertainment
16employment agency, general employment bureau, shipping agency,
17nurses' registry or any other agency or office for the purpose
18of procuring or attempting to procure help or employment or
19engagements for persons seeking employment or engagements, or
20for the registration of persons seeking such help, employment or
21engagement, or of giving information as to where and of whom
22such help, employment or engagement may be procured, where a fee
23or other valuable consideration is charged for such services,
24whether such business is conducted in a building or on the
25street or elsewhere. The term shall include any person,
26copartnership, association or corporation which by advertisement
27or otherwise offers as one of the main objects or purposes to
28secure employment for any person who will pay for its services
29or that collects dues, membership or registration fees of any
30sort, where the main object of the person paying the same is to

1secure employment: Provided, however, That nothing contained in
2this act shall be construed to apply to any agent, agency or
3department of any firm, copartnership, corporation or
4association intended and established for the purpose of
5procuring or attempting to procure help, employment or
6engagement for persons seeking employment or engagement with
7said firm, copartnership, corporation or association, where no
8fee is charged, either directly or indirectly.

9(6) "Fee" means and includes any money or other valuable
10consideration paid or promised to be paid for services rendered
11or to be rendered by any person conducting an employment agency
12of any kind under the provisions of this act. Such term includes
13any excess of money received by any such person over what has
14been paid out by him for the transportation, transfer of baggage
15or board and lodging for any applicant for employment. Such term
16also includes the difference between the amount of money
17received by any such person who furnishes employes, performers
18or entertainers for circus, fair, vaudeville, theatrical and
19other entertainments, exhibitions or performances and the amount
20paid by him to the said employes, performers or entertainers
21whom he hires or provides for such entertainments, exhibitions
22or performances.

23(7) "Nurses' registry" means and includes the business of
24conducting any agency, bureau, office or any other place for the
25purpose of procuring, offering, promising or attempting to
26provide employment or engagements for nurses of any kind.

27(8) "Person" shall include an individual, copartnership,
28association, corporation, society and his or its manager, agents
29and employes.

30(9) "Private employment agent" shall mean every person,

1copartnership, association or corporation who for hire or with a
2view of profit shall undertake to secure employment or help or
3through the medium of a card, circular, pamphlet or any other
4medium whatsoever or through the display of a sign or a bulletin
5offers to secure employment or help or give information as to
6where employment or help may be secured. Charitable institutions
7making no charge for such services are not included.

8(10) "Privilege" as used in this act means and includes the
9furnishing of food, supplies, tools or shelter to contract
10laborers, commonly known as commissary privileges.

11(11) "Representative" or "counselor" as used in this act
12shall mean an employe who solicits business or interviews
13applicants or refers them to prospective employers for
14employment.

15(12) "Secretary" shall mean the Secretary of Labor and
16Industry of the Department of Labor and Industry of this
17Commonwealth.

18(13) "Theatrical employment agency" means and includes the
19business of conducting an agency, bureau, office or any other
20place for the purpose of procuring or offering, promising or
21attempting to provide engagements for persons who want
22employment in the following occupations: circus, fair,
23vaudeville, musical, theatrical and other entertainment or
24exhibitions or performances; or of giving information as to
25where such engagements may be procured or provided, whether such
26business is conducted in a building, on the street or elsewhere.

27(14) "Theatrical engagement" means and includes any 
28engagement or employment of a person as an actor, performer, 
29musician or entertainer in a circus, fair, vaudeville, 
30theatrical or any other entertainment, exhibition or
 

1performance.

2Section 3. The term "employment agent" as used in this act
3shall not apply to:

4(1) Departments, associations or bureaus which are
5maintained solely for persons in this Commonwealth for the
6purpose of obtaining employes for themselves or their members
7and which charge no fee or other consideration to applicants for
8employment or registration.

9(2) Theatrical or entertainment producers and managers
10assembling, managing and directing their own performances at
11their own expense and who charge no commissions or fees,
12directly or indirectly.

13(3) Bureaus or agencies procuring employment for school
14teachers without charge.

15(4) Bureaus or agencies conducted by registered medical
16institutions, duly incorporated hospitals, or registries
17conducted by duly incorporated alumnae associations of nurses
18procuring employment of nurses without charge.

19(5) Employment bureaus maintained by this Commonwealth.

20(6) Employment bureaus maintained by the United States of
21America within this Commonwealth.

22(7) Employment bureaus or agencies maintained by any
23association of manufacturers within the Commonwealth for the
24purpose of obtaining employes for their members and which charge
25no fee to applicants for registration or employment: Provided,
26however, That persons excluded from licensure under this section
27shall not open, operate or maintain such agencies until they
28register with the department as hereinafter provided.

29(8) Consultants or agencies who charge no fees to the
30applicant for registration or employment and who do not require

1the applicant to enter into any contractual agreements with the
2agency or consultant.]

3Section 3. Section 4 of the act is repealed:

4[Section 4. It shall be unlawful for any employment agent to
5operate as such in this Commonwealth unless such employment
6agent is the holder of a license as in this act provided.]

7Section 4. Section 5 of the act, amended October 16, 1972 
8(P.L.917, No.220), is repealed:

9[Section 5. (a) Every person desiring to operate as an
10employment agent shall file, for each physical location, an
11application for a license with the department. The original
12application shall be on a form furnished by the department and
13shall state:

14(1) The name and street address of the applicant.

15(2) The address of the place where the business is to be
16conducted.

17(3) The educational and business or employment history of
18the applicant.

19(4) Whether or not the applicant is pecuniarily interested
20in any other business of like nature and, if so, where.

21(5) Whether the applicant is the only person pecuniarily
22interested in the business to be carried on under the license.

23(6) If the applicant is a corporation, the names and
24addresses of the officers of said corporation.

25(7) If the applicant is a partnership, the names of all
26partners therein.

27(8) Whether the applicant has a criminal record.

28(9) That the applicant is fully aware of all applicable
29provisions of the act of October 27, 1955 (P.L.744), the
30"Pennsylvania Human Relations Act," as amended, and that the

1applicant has knowledge of the penalties that may be imposed for
2violation of this act.

3(b) No licensed employment agent shall permit any person not
4mentioned in the original application for a license to become a
5partner, if such agency is a partnership, or an officer of the
6corporation, if such agency is a corporation, unless the written
7consent of the department shall first be obtained. Such consent
8may be withheld for any reason for which an original application
9might have been rejected if the person in question had been
10mentioned therein.]

11Section 5. Sections 6, 7 and 8 of the act are repealed:

12[Section 6. Upon receipt of such application the department
13shall post in a conspicuous place on the premises at which the
14business is or is intended to be conducted, the name and address
15of the applicant, the place where the business is to be
16conducted and the fact that such application has been filed.

17The department shall thereupon investigate the character and
18responsibility of the applicant and the location and premises at
19which the business is intended to be conducted.

20Any person may file within one week after the posting by the
21department of the facts pertaining to the application as
22heretofore provided a protest with the department against the
23issuance of such license. Such protest shall be in writing and
24shall be signed by the person filing the same or his authorized
25agent or attorney and shall state the reasons why the license
26should not be granted.

27If the investigation by the department is unsatisfactory, or
28in the event of a protest, the department shall, not less than
29fifteen days after the posting of the facts of application, hold
30a public hearing at a place designated by the department in the

1city, borough, town or township where the business is to be
2established. At least five days' notice of the time and place of
3such hearing shall be given by the department to the applicant
4and the protestants, if any.

5The department shall have the power to issue subpoenas
6requiring the attendance of witnesses and the production of
7books and papers pertinent to any hearings which may be held
8under this act and to administer oaths to and examine such
9witnesses and to examine such books and papers.

10Any witness who refuses to obey a subpoena issued hereunder,
11or who refuses to be sworn or affirmed, or to testify, or who is
12guilty of any contempt after summons to appear, may be punished
13as for contempt of court, and for this purpose an application
14may be made to any court of common pleas within whose
15territorial jurisdiction the offense was committed, for which
16purpose such court is hereby given jurisdiction.

17Section 7. The department may refuse to issue licenses
18whenever, after due investigation and hearing by the department,
19it finds that the character of the applicant makes him unfit to
20be an employment agent, or that the proposed plan of business is
21unjust or unfair under the terms of this act, or that the
22applicant has been guilty of unethical business practice, or
23that the applicant being heretofore an employment agent has
24failed to comply with the existing laws relating thereto, or
25that the place where the business is to be conducted is not a
26suitable place therefor, and such places, as well as for other
27proper reasons, shall be deemed unsuitable if it is to be
28conducted in rooms used for living purposes, or where boarders
29or lodgers are kept, or where meals are served, or where persons
30sleep, or in connection with a building or premises where

1intoxicating liquors are sold or reputed to be sold (excepting
2cafes or restaurants in office buildings and hotels which
3maintain regular office suites), or in a house of ill repute, or
4in a neighborhood deemed unsatisfactory by the department. No
5theatrical employment agency shall be conducted in a private
6home.

7Section 8. In all other cases the department, upon the
8compliance by the applicant with the provisions of this act,
9shall grant such applicant a license for a period of one year.
10In all cases, whether the license shall be granted or refused,
11the department shall make such final decision and take such
12action within (30) days after the filing of the application.

13Licenses may be renewed from year to year upon application,
14payment of license fees and filing of bonds as in the case of
15original applications.]

16Section 6. Sections 9 and 10 of the act, amended or added
17October 16, 1972 (P.L.917, No.220), are repealed:

18[Section 9. No such license shall be granted until the
19applicant has filed with the secretary a bond of a duly
20authorized surety company, to be approved by the department, in
21the penal sum of three thousand ($3,000) dollars payable to the
22Commonwealth of Pennsylvania, conditioned that the applicant
23will comply with the provisions of this act and shall pay all
24damages occasioned to any person by reason of any misstatement,
25misrepresentation, fraud or deceit or any unlawful act or
26omission of any such person, his agent or employes, while acting
27within the scope of their employment, made, committed or omitted
28in the business conducted under such license, or caused by any
29other violation of this act in carrying on such business.

30All actions upon bonds given under this act shall be in the

1same manner as actions upon official bonds.

2Section 10. No person shall open, keep or carry on any
3employment agency in the Commonwealth of Pennsylvania unless
4every such person shall have obtained a license to do so.

5(1) Licenses to be known as class "1" shall be required for
6employment agents performing services leading a person to
7employment, payment for such service being entirely contingent
8upon the employer offering and the applicant accepting
9employment and the obligation for payment therefore being made
10in whole or in part by the applicant. The annual license fee
11shall be the sum of one hundred fifty ($150) dollars.

12(2) Licenses to be known as class "2" shall be required for
13all modeling and theatrical service agents or bureaus. The
14annual license fee shall be the sum of one hundred fifty ($150)
15dollars.]

16Section 7. Section 11 of the act is repealed:

17[Section 11. Each applicant for a license shall file with
18the application a schedule of fees, charges and commissions
19which he intends to charge and collect for his services,
20together with a copy of all forms and contracts to be used in
21the operation of the agency. Such schedule of fees, charges and
22commissions may thereafter be changed by filing with the
23department an amended or supplemental schedule showing such
24changes at least fifteen (15) days before the change is to
25become effective. Any change in forms or contracts must be filed
26with the department at least fifteen (15) days before such
27change is to become effective. Such schedule of fees to be
28charged shall be posted in a conspicuous place in such agency.

29It shall be unlawful for any employment agency to charge,
30collect or receive a greater compensation for any service

1performed by it than is specified in the schedule filed with the
2department.]

3Section 8. Sections 12, 13, 14, 15, 16, 17, 18 and 19 of the
4act, added October 16, 1972 (P.L.917, No.220), are repealed:

5[Section 12. It shall be unlawful for any person to act or
6assume to act as an employment agent, counselor or
7representative without first registering with the department and
8successfully completing an examination covering the provisions
9of this act and regulations pertaining thereto.

10Registrations shall be effective and the test satisfactorily
11completed within thirty (30) days from date of employment with
12the agency. In the event of failure of the examination,
13provisions shall be made for retesting within a time specified
14by the department.

15A counselor-in-training may perform whatever duties the
16agency deems necessary to enable the counselor-in-training to
17become a registered counselor. However, a counselor-in-training
18may not actually place applicants nor may that counselor-in-
19training be paid commissions for making such placements.

20A fee of ten ($10) dollars shall accompany an application for
21registration. A registration may be renewed each year for an
22additional fee of ten ($10) dollars.

23It shall be the responsibility of the employment agent and
24the counselor or representative to maintain current
25registration.

26Section 13. The department, upon its own motion, or upon the
27filing with it by any person or by any authority, board or
28commission of the Commonwealth of Pennsylvania of a verified
29complaint, accompanied by such evidence, documentary or
30otherwise, as makes out a prima facie case that any registered

1counselor has violated this act or the regulations pertaining
2thereto in the performance of his duties, may hold a hearing to
3determine his continued eligibility for registration.

4Any person who violates any provisions of this section or who
5testifies falsely as to any matter required by the provisions of
6this section or of this act shall, upon conviction thereof in a
7summary proceeding, be sentenced to pay a fine of not less than
8ten ($10) dollars, nor more than one hundred ($100) dollars, or
9upon nonpayment thereof, to undergo imprisonment for a period of
10not more than thirty (30) days.

11Section 14. It shall be the duty of every employment agent
12to keep a record of every applicant, job order and job
13placement. Such records shall be kept in a manner acceptable to
14the department and shall be open during office hours to
15inspection by the department and its duly authorized agents. No
16employment agent or his employes shall knowingly make any false
17entry in such records.

18Section 15. It shall be the duty of the employment agent
19whenever possible to communicate orally or in writing with at
20least one of the persons mentioned as reference by any applicant
21for work in private families or to be employed in a fiduciary
22capacity, and the result of such investigation shall be kept on
23file in such agency: Provided, That if the applicant for help
24voluntarily waives in writing such investigation of references
25the employment agent shall not be required so to do.

26Section 16. Every employment agent shall post in conspicuous
27place in his agency such sections of this act as may be required
28by the department, copies of which shall be supplied by the
29department. He shall also post his license in the main room of
30the agency. He shall further post the notice entitled,

1'Employment Provisions-Pennsylvania Human Relations Act' copies
2of which can be obtained from the Pennsylvania Human Relations
3Commission.

4Every employment agent shall, under rules to be prescribed by
5the department, furnish the department upon request statements
6showing the number of applicants and the number and characters
7of placements and job orders.

8Section 17. If, after verbal and written warnings, an
9employment agent persists in violating sections 14, 15 and 16 of
10this act, he shall be charged with a summary offense and, upon
11conviction thereof, shall be sentenced to pay a fine of not less
12than one hundred ($100) dollars nor more than five hundred
13($500) dollars, or upon nonpayment thereof, to undergo
14imprisonment for a period of not more than thirty (30) days.

15Section 18. Every employment agent conducting a theatrical
16employment agency, before making a theatrical engagement, except
17an emergency engagement, shall have a bona fide contract in
18writing for an employe with any employer for services in any
19such engagement and shall prepare and file in such agency a
20written statement signed and verified by the employment agent
21setting forth how long such employer has been engaged in the
22theatrical business. Every such statement shall be kept for the
23period of one (1) year and shall set forth whether or not such
24employer, while financially interested in a theatrical business,
25has failed to pay salaries or has "left stranded" any company,
26group or employe during the two (2) years preceding the date of
27application and further shall set forth the names of at least
28two persons as references. If such employer is a corporation,
29such statement shall set forth the names of the officers and
30directors thereof, the length of time such corporation or any of

1its officers have been engaged in the theatrical business and
2the amount of the paid up capital stock. If the employer
3conducts a cabaret or night club the agent shall include in such
4statement the name and address of the owner or owners and
5whether they have failed to pay salaries to employes within the
6past two (2) years. If any allegations in such written verified
7statement is made upon information and belief the person
8verifying this statement shall set forth the sources of his
9information and the reasons for his belief. Such statement shall
10be kept on file for the benefit of any employes whose services
11are sought by any such employers.

12Every employment agent conducting a theatrical employment
13agency who shall procure for or offer to an applicant a
14theatrical engagement or any kind of employment as an
15entertainer shall have executed in triplicate a numbered
16contract containing the name, address and signature of the
17applicant, the name and address and signature of the employer
18and that of the employment agency acting for such employer in
19employing or furnishing such applicant for employment, the
20character of the entertainment to be given or services to be
21rendered, the number and time of performances to be given per
22day or per week, time of rehearsal, by whom the transportation,
23if any, is to be paid, and, if it is to be paid by the
24applicant, either the cost of the transportation between the
25places where said entertainment or services are to be given or
26rendered or the average cost of such transportation. The
27contract shall state from whom said applicant is to receive his
28or her salary, board and lodging, the amount of salary promised
29and the gross commissions or fees to be paid by the applicant
30and to whom such gross commissions or fees are to be paid. The

1original contract shall be given to the applicant for
2employment; the duplicate contract shall be given to the
3employer, and the triplicate contract shall be kept on file in
4the office of the agency for a period of one (1) year.

5Such numbered contracts shall contain no other conditions and
6provisions except such as are equitable among the parties
7thereto and do not constitute an unreasonable restriction of
8business.

9Section 19. Every employment agent conducting a nurses'
10registry shall cause every applicant for employment to fill out
11an application form giving the following information: the name
12and address and qualifications of such applicant; the names and
13places of the hospitals wherein the applicant has studied or has
14been employed; the length of time of service therein or other
15experiences in nursing if not in a hospital; and whether such
16applicant is a graduate trained, certified, registered,
17undergraduate or practical nurse or trained attendant. There
18shall be stated on such application the number and date of the
19certificate issued to such nurse or trained attendant by the
20Department of Education. Such application form shall be kept on
21file in the office of the registry and shall be open to the
22inspection of the Department of Labor and Industry and the
23Department of Education.]

24Section 9. Section 20 of the act, amended or added October 
2516, 1972 (P.L.917, No.220) and December 7, 1994 (P.L.702, 
26No.105), is repealed:

27[Section 20. (a) No employment agent shall induce or
28attempt to induce any employe to leave his employment with a
29view to obtaining other employment through such employment
30agent.

1(b) No employment agent or his representative shall demand,
2divide, or offer to divide or share directly or indirectly any
3fees, charge or compensation, received or to be received from
4any employe, with any employer or person in any way connected
5with the business thereof.

6(c) No employment agency shall accept promissory notes or
7any other evidence of indebtedness without recourse. No
8subsequent holder shall be deemed a holder in due course. A
9violation of this section shall constitute a summary offense
10under this act.

11(d) No employment agent shall publish or cause to be
12published any false or fraudulent or misleading information,
13representation, notice or advertisement. All advertisements
14shall indicate that a fee will be charged whenever the
15employment agent charges an applicant a fee for its services
16under the provisions of subsection (m). All advertisements of
17such employment agent by means of cards, circulars or signs and
18in newspapers or other publications, and all letterheads,
19receipts and blanks shall be printed and contain the name and
20address of such employment agent and the words "employment
21agency."

22(e) No employment agent shall give any false information or
23make any false promise or false representation concerning an
24engagement or employment to any employer or to any applicant who
25shall register or apply for an engagement or employment or help.

26(f) No employment agent shall send or cause to be sent any
27person as a servant, employe, entertainer or performer, to any
28place of bad repute, house of ill fame, or assignation house, or
29to any house or place of amusement kept for immoral purposes, or
30place resorted to for the purpose of prostitution, or gambling

1house, the character of which the employment agent could have
2ascertained upon reasonable inquiry.

3(g) No employment agent shall send out any applicant for
4employment without making a reasonable effort to investigate the
5character of the employer.

6(h) No such employment agent shall send out any applicant
7for employment without having obtained a bona fide order
8therefor. For the purposes of this act, a bona fide job order
9shall include the following information:

10(1) Name and address of employer seeking applicant.

11(2) Full name and position of person giving job order.

12(3) Name of person accepting job order on behalf of
13employment agent.

14(4) Date on which job order is accepted.

15(5) Location for which applicant is requested.

16(6) Job title.

17(7) Job description.

18(8) Starting salary range (commissions, bonuses, draw).

19(9) Fee policy of employer.

20(10) Educational and experience requirements for particular
21position.

22(i) No employment agent shall advertise any position unless
23such employment agent has a bona fide job order for said
24position.

25(j) No employment agent or his representatives shall send
26any applicant to any place where a strike, a lock out or other
27labor trouble exists without first notifying the applicant of
28such conditions, and shall in addition thereto enter a complete
29statement of such facts upon the receipt given to such
30applicant.

1(k) No employment agent or representative shall, when acting
2in the capacity of either an employer or an employment agent or
3representative, engage in any policies or practices deemed to be
4unlawful discriminatory practices by the act of October 27, 1955
5(P.L.744), the "Pennsylvania Human Relations Act," as amended.

6(l) Every employment agent shall give to each applicant who
7signs a contract, a copy of said contract at the time of
8application.

9(m) No employment agent shall charge a fee for its services
10until the applicant has accepted a position. "Accept a position"
11shall mean that an applicant has actually reported for work
12having met all of the conditions of employment, or has a
13definite agreement with an employer concerning starting date,
14starting salary (including bonuses, commissions, etc.) and
15duties.

16For a position known to be of a duration of ten (10) weeks or
17less or for a position that the applicant loses within a period
18of ten (10) weeks after the starting date, the fee will be a
19maximum of ten (10%) percent of the amount earned, except if the
20applicant fails to report as agreed or resigns to accept
21employment elsewhere, then the agency shall be entitled to its
22full fee.

23(n) No employment agent shall charge a registration fee. Any
24person who violates any provision of this section is guilty of a
25summary offense and, upon conviction thereof, shall be sentenced
26to pay a fine of not less than one hundred ($100) dollars nor
27more than five hundred ($500) dollars, or, in default of
28payment, shall undergo imprisonment for a period of not more
29than thirty (30) days.]

30Section 10. Sections 21 and 22 of the act, added October 16,

11972 (P.L.917, No.220), are repealed:

2[Section 21. If, after conviction of any violation of this
3act or the rules and regulations pertaining thereto, an
4employment agent persists in violating this act and the rules
5and regulations pertaining thereto, by three (3) or more
6convictions in any twenty-four-month period, the department may
7suspend the license of said agent after hearing upon due notice
8to the holder of such license. The period of such suspension
9shall be at the discretion of the department, but in any case
10shall not be less than ten (10) calendar days nor exceed ninety
11(90) days. Upon order of suspension of the license, the
12employment agent shall immediately deliver the license to the
13department and shall cease and desist all activity as an
14employment agent for the duration of the suspension.

15Any person who violates the provision of this section is
16guilty of a summary offense and upon conviction thereof shall be
17sentenced to pay a fine of not less than two hundred ($200)
18dollars, nor more than five hundred ($500) dollars and in
19addition thereto, the license of such employment agent may be
20revoked at the request of the department.

21Section 22. Any person who violates any provision of this
22act or the rules and regulations pertaining thereto for which no
23other specific penalty is provided shall be guilty of a summary
24offense and upon conviction thereof, shall be sentenced to pay a
25fine of not less than one hundred ($100) dollars nor more than
26five hundred ($500) dollars, or to, on default in the payment
27thereof, undergo imprisonment for a period of not more than
28thirty (30) days.]

29Section 11. Section 23 of the act, added and repealed in
30part October 16, 1972 (P.L.917, No.220) and April 28, 1978

1(P.L.202, No.53), is repealed:

2[Section 23. As an alternative, supplemental and additional
3remedy in cases of unlawful practices, the department may
4institute proceedings in the court asking for the revocation of
5such license.

6Whenever a license shall be revoked, the department shall
7not, within one (1) year, of such revocation, issue another
8license to such person. No such person shall be employed during
9such period by any other employment agent.]

10Section 12. Sections 24, 25, 26 and 27 of the act, added
11October 16, 1972 (P.L.917, No.220), are repealed:

12[Section 24. There is hereby created in the Department of
13Labor and Industry an Employment Agency Advisory Council
14consisting of seven (7) members to be appointed for a term of
15two (2) years by the secretary to assist him in carrying out his
16duties under this act and for the purpose of conducting public
17hearings at the request of the secretary to recommend rules and
18regulations for the implementation of this act.

19The members of the advisory council shall, insofar as
20possible, be geographically representative of the various
21segments of the private employment agency business, one from the
22Eastern Pennsylvania area, one from the Central Pennsylvania
23area, one from the Western Pennsylvania area, one from the
24Bureau of Consumer Protection, one from the Department of Labor
25and Industry and two citizens of the Commonwealth of good
26repute. The council shall organize and elect a chairman and
27thereafter meet upon the call of the chairman or a majority of
28the members. Each member of the council shall receive thirty
29($30) dollars per day plus necessary expenses for each day
30actually spent in the performance of his duty.

1The council shall have the power and duty to:

2(1) Consult with the secretary concerning any matter arising
3under the administration of this act.

4(2) Conduct hearings at the request of the secretary to
5develop rules and regulations for the implementation of this
6act.

7(3) Advise the secretary on matters pertaining to the
8private employment agency industry.

9Section 25. The secretary shall be charged with the
10enforcement of the provisions of this act and shall have power
11to make and enforce such reasonable rules and regulations for
12the conduct of the business of employment agents as may be
13necessary to carry out the laws relating thereto. For the
14purpose of enforcing this act, the secretary shall appoint
15inspectors who shall have power to execute and serve all
16warrants and processes of law issued by any justice of the
17peace, alderman and magistrate or by any court of competent
18jurisdiction in the same manner as sheriffs, constables or
19police officers may serve and execute such processes. Such
20inspectors may arrest on view and without warrant any unlicensed
21person detected by them violating any of the provisions of this
22act and may take such person so offending before any justice of
23the peace, alderman or magistrate and there make a complaint
24against him.

25Section 26. All registers, books, records and other papers
26required by this act to be kept by any employment agent shall be
27open at all reasonable hours to the inspection of the department
28and its inspectors. An auditor may be sent to the office of any
29employment agent by the department at least once a year, or more
30often if necessary, to obtain information for the use of the

1department.

2Section 27. All moneys or fees required to be paid under
3this act shall be collected by the department and by it paid
4into the State Treasury through the Department of Revenue.]

5Section 13. This act shall take effect in 60 days.