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Employment Agency Licensing

The North Dakota Department of Labor is responsible for issuing licenses to private employment agencies operating in the state.

Under N.D.C.C. Chapter 34-13, no person may open or carry on the business of a permanent-placing employment agency that charges fees of any kind to applicants/employees unless that person first obtains an employment agency license from the Department of Labor. Operation of such a business in North Dakota without a license is a class B misdemeanor. Violations of other provisions of chapter 34-13, relating to the operation of such businesses, are class A misdemeanors. Permanent-placing employment agencies that operate as exclusively employer-paid and agencies that provide only temporary placement of employees are not subject to licensure or other provisions of the chapter.

To obtain a license, an employment agency must submit to the Department of Labor an application, a copy of all contracts between the agency and employees or employers, a license fee of $200, and a penal bond in the sum of $5,000. Once the application materials have been approved by the Department of Labor, a license is sent to the business. The license is valid for a one-year period consistent with the date of the agency's bond.

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