Register April 2007 No. 616
Chapter DWD 277
PRIVATE EMPLOYMENT AGENTS REQUIRED TO BE LICENSED UNDER CH. 105, STATS.
DWD 277.015 Employer-paid fee employment agent registration. DWD 277.02 Application for a license. DWD 277.03 Character and premises. DWD 277.05 License coverage. DWD 277.06 License renewal. DWD 277.07 Licenses withheld, suspended, or revoked. DWD 277.08 Moving place of business. DWD 277.09 Classifications, fee schedules, and other requirements. DWD 277.10 Receipts, refunds, and other contractual provisions applicable to all classes. DWD 277.11 Orders from employers. DWD 277.13 Applicant travel expense. DWD 277.14 Records to be kept. DWD 277.15 Applicant-paid fee agents. DWD 277.16 Inducing discharge or termination of employment. DWD 277.18 Posting of license, fee schedule, and rules. DWD 277.19 Notice to home care consumers and workers. Ch. DWD 277 HistoryHistory: Chapter Ind 77, as it existed on July 31, 1970 was repealed and a new chapter Ind 77 was created, Register, July, 1970, No. 175, eff. 8-1-70. Chapter Ind 77 was renumbered ch. ILHR 277 under s. 13.93 (2m) (b) 1., Stats., Register, February, 1996, No. 482. Chapter ILHR 277 was renumbered chapter DWD 277 under s. 13.93 (2m) (b) 1., Stats., and corrections were made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, May, 1997, No. 497. DWD 277.01DWD 277.01 Definitions. As used in this chapter: DWD 277.01(2)(2) “Applicant” means a job seeker who informs an employment agency of his or her availability and qualifications for referral to job openings and requests assistance in finding a position. DWD 277.01(3)(3) “Branch office” means a separate office of an agency located in the same community as the parent or main office. DWD 277.01(4)(4) “Department” means the department of workforce development. DWD 277.01(4m)(4m) “Employer-paid fee employment agent” means a private employment agent whose fees or charges are paid entirely and directly by the employer to the employment agent. DWD 277.01(6)(6) “Referral” means the making of arrangements by an agency to bring to the attention of an employer the qualifications of the applicant by means of an employment interview. The mailing of an unsolicited resume in itself does not constitute a referral. DWD 277.01(7)(7) “Registration fee” means any charge for registering or listing an applicant for employment, including any charge for letter writing, cost of photograph or filmstrip, costume, or any charge of a similar nature, without having a bona fide order for the placement of the applicant in a job. DWD 277.01 HistoryHistory: Cr. Register, July, 1970, No. 175, eff. 8-1-70; am. (2) and (6), Register, June, 1985, No. 354, eff. 7-1-85; cr. (4m), Register, April, 1991, No. 424, eff. 5-1-91. DWD 277.015DWD 277.015 Employer-paid fee employment agent registration. DWD 277.015(1)(1) All employer-paid fee employment agents shall pay a $5.00 registration fee and register with the department by July 1 of each year for the period of July 1 through June 30 of the following year. DWD 277.015(2)(2) The $5.00 registration fee covers all business locations of the requesting agent. DWD 277.015 HistoryHistory: Cr. Register, April, 1991, No. 424, eff. 5-1-91. DWD 277.02(1)(1) In order to apply for licensure as an employment agent under ch. 105, Stats., an applicant shall fully complete a written application form furnished by the department and return it to the department of workforce development, equal rights division, at Room 403, 201 E. Washington Avenue, Madison, Wisconsin, or mail to P.O. Box 8928, Madison, Wisconsin 53708. This application shall be accompanied by a $5,000 surety bond required by s. 105.06, Stats., and the minimum license fee of $50.00 required by s. 105.06, Stats. The license application may not be processed until all 3 of the above documents have been received by the department. If the license application is not approved and a license issued, the $50.00 license fee shall be refunded to the applicant. DWD 277.02(2)(2) Within 30 working days of receipt of the application, bond and minimum license fee, the department may hold a public hearing to determine if the applicant is of sufficient character to operate an employment agency and whether the quarters of the proposed agency are suitable for use by an employment agency. In scheduling the public hearing, a notice shall be mailed to each licensed employment agency and other interested parties at least 10 calendar days prior to the hearing. DWD 277.02(3)(3) Within 10 working days after completion of the public hearing, the examiner shall issue proposed finding of fact and a proposed order to either grant or refuse the license application. Interested parties that either appeared to testify at the hearing or submitted written testimony at or prior to the hearing shall receive a copy of the proposed findings of fact and order. Parties receiving a copy of the proposed order may appeal it within 10 calendar days of the issuance of the proposed order by requesting in writing an opportunity to present oral or written arguments to the department secretary or the secretary’s designated representative. Appeals shall be sent to the address listed on the cover letter accompanying the proposed order. In hearings where no one has testified in opposition to the granting of the license, where the examiner proposes granting the license and where it appears there is no one to object to the granting of the license, the department may forego the proposed order and issue findings of fact and a final order after the hearing. DWD 277.02(4)(4) Within 5 working days after the proposed order appeal period expires, the department shall issue findings of fact and a final order except if a timely appeal has been received. In such cases, the department within 15 working days of receipt of the appeal shall either schedule the secretary or the secretary’s designated representative to hear oral arguments or to receive written arguments on why the proposed order should be modified or reversed. The secretary or secretary’s representative within 30 calendar days of receipt of all parties arguments shall issue findings of fact and the final order of the department. DWD 277.02(5)(5) Approval of applications for a license shall expire 90 days after date of order if the agency has not commenced operation. Extensions of 30 days may be granted by the department where extenuating circumstances exist. DWD 277.02 HistoryHistory: Cr. Register, July, 1970, No. 175, eff. 8-1-70; r. and recr. (1), renum. (2) to be (5), cr. (2), (3) and (4), Register, June, 1985, No. 354, eff. 7-1-85. DWD 277.03(1)(1) “Character,” as used in s. 105.13, Stats., includes components of an applicant’s ability to be an agent; such as, his or her moral character, education, business integrity, fiscal integrity, training and knowledge of the employment business, capability of staff, and the extent of his or her participation in operating the agency. DWD 277.03(2)(2) “Premises” as used in s. 105.13, Stats., includes components of the following to be considered as fit for the use by private employment agents; such as, location, size, neighborhood, public access, access for individuals with disabilities, public restroom facilities, compliance with local zoning and building codes, occupancy permit, principal place of business and the types or services provided at the licensed facility. DWD 277.03 HistoryHistory: Cr. Register, July, 1970, No. 175, eff. 8-1-70; am. (1), r. and recr. (2), r. (3), Register, June, 1985, No. 354, eff. 7-1-85; CR 20-031: am. (2) Register October 2021 No. 790, eff. 11-1-21. DWD 277.04DWD 277.04 Licensee. A license to operate as an employment agent under ch. 105, Stats., may be issued to a person, partnership or corporation. If a license is issued to a corporation or transferred from an individual or partnership to a corporation, the following conditions shall apply: DWD 277.04(1)(1) The corporation shall be licensed to do business in the state of Wisconsin, shall maintain therein all records with respect to the operations of the agency within the state of Wisconsin, and shall appoint a manager or managers who shall reside in Wisconsin, and who shall consent to service of process by certified mail addressed to the agency. DWD 277.04(2)(2) The licensee shall notify the department immediately if there is a change in managers. DWD 277.04(3)(3) The corporation shall file with the department a certified statement setting forth the names, home addresses and telephone numbers of all officers and directors of the corporation and their respective interest therein. DWD 277.04 HistoryHistory: Cr. Register, July, 1970, No. 175, eff. 8-1-70. DWD 277.05(1)(1) Private employment agency licenses are limited by the terms and classifications set forth thereon. DWD 277.05(2)(2) Said license shall constitute a license from this state to operate as an employment agent for compensation and shall not be transferable to any other person or persons whatever, or inure to the benefit of any person other than the licensee. DWD 277.05(3)(3) When the sale, transfer or assignment of the agency or the controlling interest of the agency takes place, the assuming principals shall proceed to obtain a license in the same manner as any other applicant for a license. DWD 277.05(4)(4) If the sale, transfer or assignment is not contingent on the approval of the license application by the department, the agency shall cease operation until such time as the department issues a license.
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Department of Workforce Development (DWD)
Chs. DWD 270-279; Labor Standards
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