2009 California Civil Code - Section 1812.510-1812.513 :: Chapter 3. Employment Counseling Services

CIVIL CODE
SECTION 1812.510-1812.513

1812.510.  (a) Every employment counseling service subject to this
title shall maintain a bond issued by a surety company admitted to do
business in this state. The principal sum of the bond shall be ten
thousand dollars ($10,000). A copy of the bond shall be filed with
the Secretary of State.
   (b) The bond required by this section shall be in favor of, and
payable to, the people of the State of California, and shall be
conditioned that the person obtaining the bond will comply with this
title and will pay all sums due any individual or group of
individuals when the person or his or her representative, agent, or
employee has received those sums. The bond shall be for the benefit
of any person or persons damaged by any violation of this title or by
fraud, dishonesty, misstatement, misrepresentation, deceit, unlawful
acts or omissions, or failure to provide the services of the
employment counseling service in performance of the contract with the
customer by the employment counseling service or its agents,
representatives, or employees while acting within the scope of their
employment.
   (c) (1) No employment counseling service shall conduct any
business without having a current surety bond in the amount
prescribed by this title and filing a copy of the bond with the
Secretary of State.
   (2) Thirty days prior to the cancellation or termination of any
surety bond required by this section, the surety shall send a written
notice of that cancellation or termination to both the employment
counseling service and the Secretary of State, identifying the bond
and the date of cancellation or termination.
   (3) If any employment counseling service fails to obtain a new
bond and file a copy of that bond with the Secretary of State by the
effective date of the cancellation or termination of the former bond,
the employment counseling service shall cease to conduct any
business unless and until a new surety bond is obtained and a copy of
that bond is filed with the Secretary of State.
   (d) When a deposit has been made in lieu of the bond pursuant to
Section 995.710 of the Code of Civil Procedure, the person asserting
a claim against the deposit shall, in lieu of Section 996.430 of the
Code of Civil Procedure, establish the claim by furnishing evidence
to the Secretary of State of a money judgment entered by a court
together with evidence that the claimant is a person described in
subdivision (b).
   (e) When a person has established the claim with the Secretary of
State, the Secretary of State shall immediately review and approve
the claim and enter the date of approval on the claim. The claim
shall be designated an "approved claim."
   (f) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Secretary of State.
Subsequent claims that are approved by the Secretary of State within
the same 240-day period shall similarly not be paid until the
expiration of the 240-day period. Upon the expiration of the 240-day
period, the Secretary of State shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case each approved claim shall be paid a pro rata share of the
deposit.
   (g) When the Secretary of State approves the first claim against a
particular deposit account after the expiration of the 240-day
period, the date of approval of that claim shall begin a new 240-day
period to which subdivision (f) shall apply with respect to the
amount remaining in the deposit account.
   (h) After a deposit account is exhausted, no further claims shall
be paid by the Secretary of State. Claimants who have had their
claims paid in full or in part pursuant to subdivisions (f) and (g)
shall not be required to return funds received from the deposit for
the benefit of other claimants.
   (i) When a deposit has been made in lieu of a bond, the amount of
the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the
employment counseling service, other than as to an amount as no
longer needed or required for the purpose of this title that would
otherwise be returned to the employment counseling service by the
Secretary of State.
   (j) The Secretary of State shall retain a cash deposit for two
years from the date the Secretary of State receives written
notification from the assignor of the deposit that the assignor has
ceased to engage in the business of a counseling service or has filed
a bond pursuant to subdivision (a), provided that there are no
outstanding claims against the deposit. Written notification to the
Secretary of State shall include all of the following: (1) name,
address, and telephone number of the assignor; (2) name, address, and
telephone number of the bank at which the deposit is located; (3)
account number of the deposit; and (4) a statement whether the
assignor is ceasing to engage in the business of a counseling service
or has filed a bond with the Secretary of State. The Secretary of
State shall forward an acknowledgment of receipt of the written
notice to the assignor at the address indicated in the notice,
specifying the date of receipt of the written notice and anticipated
date of release of the deposit, provided there are no outstanding
claims against the deposit account.
   (k) A judge of a superior court may order the return of the
deposit prior to the expiration of two years upon evidence
satisfactory to the judge that there are no outstanding claims
against the deposit or order the Secretary of State to retain the
deposit for a sufficient period beyond the two years pursuant to
subdivision (j) to resolve outstanding claims against the deposit
account.
   (l) The Secretary of State shall charge a filing fee not to exceed
the cost of filing the bond or the deposit filed in lieu of a bond
pursuant to Section 995.710 of the Code of Civil Procedure.
   (m) The Secretary of State shall enforce the provisions of this
chapter that govern the filing and maintenance of bonds and deposits
in lieu of bonds.

1812.511.  (a) Every contract for employment counseling services
shall be in writing. An original and one copy of the contract shall
be given to the customer at the time the customer signs the contract
and before the employment counseling service accepts any fee or
deposit or the customer becomes obligated to pay any such fee or
deposit. The contract shall contain all of the following:
   (1) The name, address, and telephone number of the employment
counseling service.
   (2) The name and address of the person signing the contract and
the person to whom the employment counseling services are to be
provided.
   (3) A description of the services to be provided; a statement when
those services are to be provided; the duration of the contract; and
refund provisions as appropriate, to be applicable if the described
services are not provided according to the contract.
   (4) The amount of the fee to be charged to or collected from the
person receiving the services or any other person, and the date or
dates when that fee is required to be paid.
   (5) The following statement, in type no smaller than 10-point
boldfaced type:
   "No verbal or written promise or guarantee of any job or
employment is made or implied under the terms of this contract."
   (6) The following statement, in immediate proximity to the space
reserved for the customer's signature, in type no smaller than
10-point boldfaced type:

                               YOUR RIGHT TO CANCEL
          /enter date of transaction/

   "You may cancel this contract for employment counseling services,
without any penalty or obligation, if notice of cancellation is
given, in writing, within three business days from the above date.
   "To cancel this contract, just mail or deliver a signed and dated
copy of the following cancellation notice or any other written notice
of cancellation, or send a telegram containing a notice of
cancellation, to (name of employment counseling service) at (address
of its place of business), NOT LATER THAN MIDNIGHT OF /date/."

                                CANCELLATION NOTICE
   I hereby cancel this contract.

Dated: __________
____________________
Customer's Signature "

   Until the employment counseling service has complied with this
section the customer may cancel the employment counseling services
contract.
   (b) All contracts shall be dated and shall be made and numbered
consecutively in triplicate, the original and each copy to be signed
by the customer and the person acting for the employment counseling
service. The original and one copy shall be given to the customer and
the other copy shall be kept on file at the employment counseling
service.
   (c) The full agreement between the parties shall be contained in a
single document containing those elements set forth in this section.

1812.512.  (a) (1) An employment counseling service shall provide a
copy of its fee schedule and payment terms to any customer from whom
a fee or deposit is to be received, prior to the customer being
interviewed by a counselor, agent, or employee.
   (2) In the schedule, the maximum fee shall be fixed and shall
include the charges of every kind rendered by the employment
counseling service in each case or transaction on behalf of the
prospective employee. Changes in the fee schedule may be made, but no
change shall become effective until posted for not less than seven
days in a conspicuous place in the employment counseling service.
   (3) A copy of the schedule in effect shall be kept posted in the
employment counseling service in a conspicuous place, and the posted
schedule and the changes therein shall be in lettering or printing of
not less than standard pica capitals. The date of the taking effect
of the schedule and of each change therein shall appear on the posted
copies.
   (4) A copy of all fee schedules, and of all changes therein, shall
be kept on file at the employment counseling service,
retrospectively for a period of one year.
   (b) No fee charged or collected shall be in excess of the fee as
scheduled.
   (c) No employment counseling service shall accept, directly or
indirectly, a registration fee of any kind.
   (d) No employment counseling service may take from a customer a
confession of judgment, a promissory note or notes, or an assignment
of wages to cover its fees.

1812.513.  (a) No employment counseling service shall make or cause
to be made any false, misleading, or deceptive advertisements or
representations concerning the services that the employment
counseling service will provide to customers.
   (b) (1) No employment counseling service shall publish or cause to
be published any false, fraudulent, or misleading information,
representation, notice, or advertisements.
   (2) All advertisements of an employment counseling service shall
contain the correct name of the employment counseling service and one
of the following:
   (A) The street address of the employment counseling service's
place of business.
   (B) The correct telephone number of the employment counseling
service at its place of business.
   (c) No employment counseling service shall give any false
information or make any false promises or representations concerning
engagement or employment to any customer, or make any verbal or
written promise or guarantee of any job or employment.
   (d) An employment counseling service shall maintain a record of
all advertisements for the service, correlated to show the date and
the publication in which the advertisement appeared, retrospectively,
for a period of one year.
   (e) No employment counseling service shall, by its choice of name
or by advertisement or representation, represent itself to be an
employment agency or to perform the job placement services of an
employment agency.


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