13 NCAC 18 .0105             CONTRACTS

(a)  A job listing service must have a contract with an applicant for any service if a fee is charged to the applicant.

(b)  At the time of execution an applicant shall receive a copy of the contract signed by the applicant and the job listing service.

(c)  The applicant's name shall be typed or printed in a clearly legible manner adjacent to the place for the applicant's signature.

(d)  The contract shall include the applicant's address, driver's license state and number, social security number, and phone number. This information shall be legible.

(e)  All job listing service contracts for use with an applicant shall set forth in clear and unambiguous terms the respective rights and obligations of the applicant and the job listing service.

(f)  Refund Policy. A job listing service shall abide by the refund policy (if any) stated on its contract by paying any refund due under the terms of the contract within 15 days of:

(1)           Receiving a request from any applicant; or

(2)           If the refund is in dispute, upon receiving a written final determination that a refund is due. Such determination may be issued by the Commissioner, an arbitrator, or a court of law.

(g)  The terms of the contract shall constitute the entire agreement between the job listing service and the applicant. Any ambiguities in the contract or in information provided to the applicant outside the contract shall be interpreted in favor of the applicant.

(h)  Job listing services shall not provide to applicants guarantees of any sort relating to the service provided.

(i)  If the job listing service represents to the applicant that the service may be frozen or suspended as the applicant desires, the terms and conditions of such shall be included in the contract and shall include a place for the dates of the suspension and resumption to be entered and signed for by the applicant and the authorized representative of the job listing service.


History Note:        Authority G.S. 95-47.25; 95-47.30;

Eff. January 1, 1996;

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