Terms Used In North Carolina General Statutes > Chapter 95 > Article 5A - Regulation of Private Personnel Services

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Commissioner: means the North Carolina Commissioner of Labor or any person designated by the Commissioner as the representative of the Commissioner. See North Carolina General Statutes 95-47.1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Complaint: means a communication to the Commissioner or department alleging facts that could support issuance of a warning or citation under N. See North Carolina General Statutes 95-47.1
• Contract: A legal written agreement that becomes binding when signed.
• Contract: means any agreement between a private personnel service and an applicant obligating the applicant to pay a fee or any agreement subsequent to such contract reducing the obligations of the private personnel service to the applicant under the contract. See North Carolina General Statutes 95-47.1
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Employee: means a person performing work or services of any kind or character for compensation. See North Carolina General Statutes 95-47.1
• Employer: means a person employing or seeking to employ a person for compensation, or any representative or employee of such employer. See North Carolina General Statutes 95-47.1
• Employment: means any service or engagement rendered or undertaken for wages, salary, commission, or other form of compensation. See North Carolina General Statutes 95-47.1
• Fee: means anything of value, including money or other valuable consideration or services or the promise of any of the foregoing, required or received by a private personnel service, in payment for any of its services, or act rendered or to be rendered by any private personnel service. See North Carolina General Statutes 95-47.1
• following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
• Interview: means a meeting between an employer and an applicant to discuss potential employment. See North Carolina General Statutes 95-47.1
• Job order: means an oral or written communication from an employer authorizing a private personnel service to refer applicants for a position the employer has available. See North Carolina General Statutes 95-47.1
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Licensee: means any person licensed by the Commissioner to operate a private personnel service. See North Carolina General Statutes 95-47.1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any individual, association, partnership or corporation. See North Carolina General Statutes 95-47.1
• Private personnel service: means any business operated in the State of North Carolina by any person for profit which secures employment or by any form of advertising holds itself out to applicants as able to secure employment or to provide information or service of any kind purporting to promote, lead to or result in employment for the applicant with any employer other than itself, where any applicant may become liable for the payment of a fee to the private personnel service, either directly or indirectly. See North Carolina General Statutes 95-47.1
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
• Subpoena: A command to a witness to appear and give testimony.
• United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3