13 NCAC 17 .0104             CHANGE OF PRIVATE PERSONNEL SERVICE STATUS

(a)  Change of Private Personnel Service Name:

(1)           Licensees desiring to change the name of their private personnel service must give the Commissioner 30 days advance written notice.

(2)           In addition, the licensee must obtain a rider to the surety bond showing the new name and submit it to the Division before the new name can become final.

(3)           In addition, when a change in name requires a new filing of an assumed business name, a copy of the new filing must be provided to the Commissioner before the new name can become final.

(4)           A change in the name does not require a new license, only an amendment to the current license.

(5)           After completion of the requirements in this Paragraph, the licensee shall return his current license to the Division for such amendment and reissuance.

(b)  Change of Private Personnel Service Location:

(1)           Licensees desiring to change the location of their private personnel service must give the Commissioner 30 days advance written notice.

(2)           A change in the location of the private personnel service does not require a new license, only an amendment to the current license.

(3)           The licensee shall return his current license to the Division for such amendment and reissuance.

(c)  Assignment/Transfer of License:

(1)           Licensees desiring to assign or transfer their license to a new owner must give the Commissioner 30 days advance written notice.

(2)           In addition, the proposed new owner must file an application for license with the Commissioner and obtain a new surety bond.

(3)           After completion of the requirements in this Paragraph, the Commissioner shall issue a temporary license in accordance with G.S. 95-47.2(i).

(d)  Relinquishment of License. Licensees desiring to relinquish their license must:

(1)           Notify the Commissioner in writing;

(2)           Return the actual license to the Division; and

(3)           Comply with the provisions in G.S. 95-47.5 and Rule .0109 of this Chapter.

(e)  Cancellation of the Bond by the Surety:

(1)           Upon receipt of a Notice of Cancellation of the bond by the surety, the Commissioner shall advise the licensee in writing of such cancellation. The Division must receive a new bond prior to the effective date of cancellation of the existing bond.

(2)           If a new bond is not received prior to the cancellation of the existing bond, the Commissioner shall advise the licensee in writing that the Commissioner will seek injunctive relief to suspend operation of the private personnel service under G.S. 95-47.10 pending receipt of the surety bond required by G.S. 95-47.2(j).

(3)           Failure to maintain the surety bond at all times shall be grounds for revocation of the license by the Commissioner.

(f)  Disassociation of Manager:

(1)           Should any manager become disassociated with a licensee for any reason, the licensee shall notify the Commissioner of this fact within 10 days and shall at that time designate another manager unless there was more than one manager and the remaining manager(s) will be managing the private personnel service without replacement of the disassociating manager.

(2)           A newly designated manager shall sign a Release of Information authorization pursuant to Rule .0102 of this Chapter.

(3)           Upon completion of the investigation and approval of the newly designated manager, the licensee shall return his current license to the Division for such amendment and reissuance.

History Note:        Authority G.S. 95-47.2; 95-47.9;

Eff. February 27, 1995;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.