Authority – Repealed January 1, 2017
The Employment Advisory Council was established in 1970. Statutory authority for the Council is found at A.R.S. §23-522.01 and §23-522.02. Related provisions regarding regulation of employment agents are found at A.R.S. §§23-521 through 23-536. These statutes are repealed, effective January 1, 2017.
Employment agencies provide, for a fee or commission, information to persons seeking employment and to employers seeking to hire laborers or help. The Industrial Commission of Arizona is responsible for promoting the health, safety and welfare of employees. The Employment Advisory Council (Council) was established to advise the Industrial Commission of Arizona (Commission) on matters related to regulation of employment agencies, provide recommendations on how employment agents might best serve the state and the public, approve rules adopted by the Commission, conduct research, and publish findings, with recommendations, for the Governor and the Commission.
The Council consisted of seven members appointed by the Commission to three-year terms. Three members were required to have experience as executives or managers in the private employment agency industry and four members were required to have at least three years experience in commerce or industry.
Laws 1931, Chapter 112 established regulations for employment agents, to be administered by the Industrial Commission. The measure outlined requirements for licensure, performance bonds, fees and record keeping.
The Employment Advisory Council was established in 1970 to provide recommendations to the Commission on all matters concerning employment agencies. The Commission, with the advice of the Council, prescribed record keeping and reporting requirements for employment agents as well as how refunds would be made to applicants who failed to secure employment. See Laws 1970, Chapter 137.
The Senate Commerce and Workforce Development and House of Representatives Commerce Committee of Reference met August 25, 2015 to recommend either continuation or termination for several boards, commissions and councils. The Employment Advisory Council did not receive a favorable recommendation for continuation.
Laws 2016, Chapter 356 did not provide for continuation of the Council and statutes pertaining to employment agents, which allowed them to expire. The measure did include a provision to continue to require employment agents to ensure that representations regarding employment opportunities are true and include all material facts affecting the employment in question. Failure to comply with the requirement is classified an unlawful practice, governed by statutes relating to consumer fraud.
Arizona Revised Statutes
- Laws 1931, Chapter 112
- Laws 1970, Chapter 137
- Laws 2016, Chapter 356