(a) Every individual, partnership, corporation, or association seeking a license to operate an employment agency shall file a written application with the director that shall contain such information and shall be in such form as the director may prescribe; provided that in addition to complying with all other requirements of this chapter, no license shall be issued unless the applicant either has passed a certified employment consultant examination as designated by the director or has in the applicant’s employ a principal agent.

Terms Used In Hawaii Revised Statutes 373-5

  • Applicant: means any person who uses the services of an employment agency to secure employment for that person. See Hawaii Revised Statutes 373-1
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 373-1
  • Employment agency: means any individual, partnership, corporation, or association engaged in the business of providing employment information, procuring employment for applicants, or procuring employees for placement with employers upon request, for a fee or other valuable thing, exacted, charged, or received, but shall not include the United States or the State or instrumentalities thereof. See Hawaii Revised Statutes 373-1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Principal agent: means the responsible managing agent who is responsible for managing an employment agency and who is responsible for all business transactions and actions by the agency's employees. See Hawaii Revised Statutes 373-1
(b) Every principal agent shall file a written application with the director that shall contain such information and shall be in such form as the director may prescribe and no license shall be issued unless the applicant has passed a certified employment consultant examination as designated by the director.

The examination shall cover the following:

(1) Interview principles and techniques;
(2) Job descriptions and specifications;
(3) Placement procedure, including recruitment, solicitation, and referral;
(4) Aids for applicants;
(5) Agency management;
(6) General principles of business law; and
(7) State statutes and rules relating to an employment agency.
(c) A principal agent who does not engage in the employment agency business in the State during the succeeding year shall not be required to pay the renewal fee as long as the principal agent remains inactive. Should the principal agent wish to resume work as a principal agent at some future time, the principal agent shall so notify the director and remit the renewal fee for the current biennial period.
(d) Every applicant, including all officers, directors, partners, members, or managers of the applicant, shall possess a reputation for honesty, truthfulness, financial integrity, and fair dealing and shall not have been convicted of a felony directly related to the operation of a commercial employment agency, unless the conviction has been expunged or annulled.

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