The North Dakota Department of Labor and Human Rights 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 and Human Rights. 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.
Agents or agencies who believe they may be subject to licensure should contact the ND Department of Labor and Human Rights, which will assist in determining applicability of licensure and send out application materials as appropriate. For those determined to need licensure, a completed application, copy of all contracts used with employees seeking work and employers seeking services, a license fee of $200, and a penal bond in the amount of $5,000 are required. Once the application materials have been approved by the Department of Labor and Human Rights, 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.