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The 192nd General Court of the Commonwealth of Massachusetts

Section 46Q: Inspection of premises and books; rules and regulations; procedure upon complaint against licensee; suspension or revocation of licenses

Section 46Q. The commissioner, or any duly authorized agent or inspector designated by him, shall have authority to inspect the premises, registers, contract forms, receipt books, application forms, referral forms, reference forms, reference reports, financial and other records of fees charged and refunds made of each employment agent, which are essential to the operation of such agency, and of each applicant for an employment agency license; but in no event shall any employment agency be inspected less frequently than once every six months. The commissioner may suspend or revoke the license of any employment agency if it fails to furnish information required under this section, or if such agency or any of its employees hinders or interferes with any such duly authorized agent or inspector while in the performance of his duties as hereinbefore provided. The commissioner or any such agent or inspector may make a record of such information, and may require each agency to furnish quarterly, on a form supplied by the department of labor and workforce development, any or all such information.

The commissioner may, subject to the provisions of chapter thirty A, establish such rules and regulations as he deems necessary to carry out the provisions of sections forty-six B to forty-six R, inclusive.

Any complaint against any person licensed as an employment agency shall be made to the commissioner by any interested person. The commissioner shall give reasonable notice thereof, not later than five days thereafter, to said licensed person by serving upon him either personally, by registered mail, at his last place of residence, or by leaving with the person in charge of his office, a concise statement of the facts constituting such complaint. The commission shall hold a hearing on such complaint not later than two weeks from the date of the notice of such complaint. The commissioner when investigating any matter pertaining to the issuance, transfer, revocation or suspension of a license may take such testimony as may be necessary on which to base official action. When taking such testimony he may subpoena witnesses and also direct the production before him of necessary material, books and papers. A calendar of all hearings shall be kept by the commissioner and shall be posted in a conspicuous place in his office for at least one day before the date of such hearings. The commissioner shall render his decision within eight days from the time the matter is finally submitted to him. Said commissioner shall keep a record of all such complaints and hearings.

If such hearings reveal that the employment agency or any employee thereof is guilty of any immoral, fraudulent or illegal conduct in connection with the operation of such agency, or of any violation of the provisions of sections forty-six B to forty-six R, inclusive, the commissioner may suspend or revoke the license of such employment agency. If the commissioner suspends or revokes the license of any employment agency, said action shall be subject to judicial review in proceedings brought pursuant to chapter thirty A. If a license is revoked, another license shall not be issued within three years from the date of such revocation to said licensed person or his representative.