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Article 10
General Provisions

Section

900. Definitions.

8 AAC 05.900. Definitions

(a) In this chapter and in AS 23.10.325 - 23.10.370, unless the context requires otherwise,

(1) "commissioner" means the commissioner of labor and workforce development;

(2) "department" means the Department of Labor and Workforce Development;

(3) "division" means the labor standards and safety division of the Department of Labor and Workforce Development;

(4) "power-driven woodworking machines" means all fixed or portable machines or tools driven by power and used or designed for cutting, shaping, forming, surfacing, nailing, stapling, wire stitching, fastening, or otherwise assembling, pressing, or printing wood or veneer;

(5) "sharpened tools" means knives and implements used for butchering, boning, gilling, filleting, and other meat and fish processing functions; and axes, machetes, scythes, brush hooks, or other implements determined by the commissioner, on a case-by-case basis, to be hazardous;

(6) "community entertainment" means a local performing arts group or association established to serve a certain locale that is staffed primarily by volunteers drawn from the people it serves;

(7) "entertainment industry" includes an organization or individual using the services of a child in motion pictures of any type, using any format, by any medium, including film, videotape, commercial documentary, theater, television, or videocassette; modeling; photography; recording; theatrical productions; publicity; rodeos; circuses; musical performances; and any other live or recorded performances or rehearsals where a child performs to entertain the public;

(8) "guardian" means an individual who, by testamentary or court appointment, has the legal responsibilities for the care and management of the person and the estate of the child during the child's minority;

(9) "nurse" means a registered nurse, advanced nurse practitioner, physician assistant, emergency medical technician, mobile intensive care paramedic, or primary community health aide;

(10) "parent" means biological parent, adoptive parent, or step parent;

(11) "outside helper" means an individual, other than a driver, whose work includes riding on a vehicle outside the cab of the vehicle for the purpose of assisting in transporting or delivering property, including goods.

(b) In 8 AAC 05.300 - 8 AAC 05.340 and in AS 23.10.330 and 23.10.360, unless the context otherwise requires, "child" means a natural person under the age of 18 who has not been emancipated by the court.

History: Eff. 4/23/77, Register 62; am 6/4/82, Register 82; am 7/2/95, Register 135; am 7/30/99, Register 151

Authority: AS 23.05.060

AS 23.10.330

AS 23.10.350

AS 23.10.360

Editor's note: As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125 (b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.

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Chapter 10
Private Employment Agencies

Article

1. Application, Bond and Permit. (8 AAC 10.010 - 8 AAC 10.070)

2. Agency Procedures and Requirements. (8 AAC 10.075 - 8 AAC 10.160)

3. Fee Schedule. (8 AAC 10.170 - 8 AAC 10.180)

4. Prohibited Acts. (8 AAC 10.190 - 8 AAC 10.400)

5. General Provisions. (8 AAC 10.900 - 8 AAC 10.915)

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Article 1
Application, Bond and Permit

Section

10. Permit required.

20. Application for permit.

30. (Repealed).

40. (Repealed).

50. Bond.

55. Issuance of permit.

60. (Repealed).

65. (Repealed).

67. Duration of permit; renewal.

70. (Repealed).

8 AAC 10.010. Permit required

(a) A person may not operate or engage in an employment agency business unless he has procured a permit from the department.

(b) The permit must be posted in a conspicuous place in the main room of the agency used by the public.

History: In effect before 7/28/59; am 6/23/74, Register 50; am 12/31/80, Register 76

Authority: AS 23.15.340

AS 23.15.500

8 AAC 10.020. Application for permit

(a) A written application for a permit must be made to the commissioner on a form prescribed by the department and must state:

(1) name and address of the applicant;

(2) the business name of the employment agency;

(3) the address of the place or places at which the agency will conduct business and the address of the main office of the business;

(4) whether the employment agency is owned as a sole proprietorship, partnership, or corporation;

(5) if the applicant is not a corporation, the names and addresses of all persons who are financially interested either as partners, associates, profit sharers, or other persons receiving a share of the net profits from the operation of the agency, and the share of the net profit each person is to receive;

(6) if the applicant is a corporation, the names, titles and addresses of the persons acting as executive officers of the corporation or who have managing responsibility in the state;

(7) whether an officer, director, manager or owner has been arrested or convicted of a felony or misdemeanor constituting a crime involving moral turpitude and, if so, the nature of the crime and outcome;

(8) the business or occupation of the owner and manager for the two years preceding the date of the application, and, if the applicant is a corporation, the business or occupation of each officer, director and manager for the two years preceding the date of the application;

(9) whether any officer, director, manager or owner of the agency has had experience in employment agency work, the dates of this experience, and the names and addresses of agencies in which the experience was acquired;

(10) the name of any officer, director, manager or owner of the agency who has applied for a permit to operate an employment agency in Alaska or elsewhere, whether that application was granted or denied, and the names and address of the agency;

(11) whether any officer, director, manager or owner of the agency has a financial interest in a travel agency or benefits financially from the sale of air, steamship or bus transportation; and

(12) whether any officer, director, manager or owner of the employment agency was disciplined by a state or had a private employment agency permit suspended, revoked or denied or was otherwise disqualified and the reason for that disqualification.

(b) An application for a permit, if made by an individual, must be signed by that individual; if made by a partnership, by all partners; if made by a corporation, by an officer of the corporation who must affix the seal of the corporation to the application.

(c) A change in the information furnished under (a) of this section must be reported to the department within seven days.

History: In effect before 7/28/59; am 6/23/74, Register 50; am 12/31/80, Register 76

Authority: AS 23.15.350

AS 23.15.370

AS 23.15.500

8 AAC 10.030. Character of applicant

Repealed 12/31/80.

8 AAC 10.040. Expiration of license

Repealed 6/23/74.

8 AAC 10.050. Bond

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