1564 LAWS OF MARYLAND Ch. 741
commissions may thereafter be changed by filing an amended or supplemental
schedule showing such fees, charges and commissions, with the Commissioner of
Labor and Industry at least thirty days before the date provided for same to be
effective. Any changes in forms and contracts must also be filed with the
Commissioner at least thirty days before the date provided for same to be
effective. It shall be unlawful for any employment agency to charge, demand,
collect or receive a greater compensation for any service performed by the agency
than is specified in such schedule filed with the Commissioner. All contracts,
invoices and receipts used by the agency shall specify prominently thereon
"Licensed by the Commissioner, Division of Labor and Industry, State of
Maryland." All other forms used by the agency must indicate that the agency is a
personnel service or employment agency.
169.
(a) The Commissioner of Labor and Industry, or his duly designated
representative, shall, upon written complaint made by an applicant against an
employment agency OR EMPLOYMENT COUNSELOR, seek to mediate the
dispute if, in his discretion, it is necessary to do so. The said Commissioner is
authorized, following hearing, to revoke or suspend for such period as he shall
think proper the license of any employment agency OR EMPLOYMENT
COUNSELOR, violating any of the provisions of this subtitle.
(b) The said Commissioner is further authorized, following a hearing, to order
reimbursement by the employment agency for all ordinary and necessary travel
expenses incurred by the applicant as a result of a referral of an applicant in
violation of this subtitle and/or a refund of all or part of any monies paid by the
applicant to the employment agency in violation of this subtitle.
(c) In lieu of suspension or revocation of the license of an employment agency
OR EMPLOYMENT COUNSELOR, the Commissioner may accept a fine of not
less than $25.00 nor more than $500.00 from the employment agency OR
EMPLOYMENT COUNSELOR whose license is subject to suspension or
revocation under the provisions of this Article.
(d) Any employment agency OR EMPLOYMENT COUNSELOR aggrieved
by any order of the Commissioner in suspension and/or revocation of a license or
restitution of monies may obtain a review thereof in Baltimore City court or in the
circuit court for the county, as the case may be, by filing in such court within
thirty days after the date of order of suspension, revocation or restitution a written
petition asking that the order be set aside. A copy of such petition shall be served
upon the Commissioner and the applicant. The finding of facts, if supported by
substantial evidence, shall be conclusive upon the court. The court shall determine
whether the order of revocation, suspension or restitution is in accordance with
law.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.
Approved May 24, 1973.
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