Authority: IC 6-8.1-3-3; IC 25-16-1-18; IC 25-16-2-1

Affected: IC 25-16-1

Sec. 2. Bona fide order for employment. (a) Accurate Record. The agency is required to have a bona fide order of employment for each position. The agency shall maintain a record of its bona fide orders of employment for one (1) year following the receipt of that order.

(b) Duration. An order for employment shall expire after thirty (30) days. Renewal of the order is required after thirty (30) days to allow the agency to rely on such order for advertising purposes. Renewal may be accomplished by oral verification with the employer.

(c) Form. Bona fide orders of employment shall be recorded on a form containing the following:

1. (1) Person communicating order of employment to the agency.
2. (2) Name of person recording the order of employment.
3. (3) Date.
4. (4) Name and address of employer and name of person to whom the applicant is to report for an interview.
5. (5) Conditions of employment, including salary, wages, expense allowance, hours and number of days of work per week, as provided by the employer.
6. (6) Job title and job requirements, as provided by the employer.

(d) Type of orders.

1. (1) Bona fide order of employment: An order of employment shall not be considered as a bona fide order of employment until it has been recorded.

2. (2) Proof of order: In the event that a complaint against an agency is filed with the Department of Revenue or the Administrator of Licensed Employment Agencies determines it to be necessary, the agency shall have the burden of showing:

   1. (a) The order in writing.
   2. (b) Any advertising used resulting from the order.
   3. (c) Verification signed by the employer that said employer communicated the order to the agency.
3. (3) Order required for advertisement: No mass media advertising (as defined herein), may be used until a bona fide order of employment has been obtained.

(Department of State Revenue; Rule 2; filed Mar 3, 1975, 2:10 pm: Rules and Regs. 1976, p. 416)