Arywitz

This is an appeal by the Labor Commissioner of the State of California from a judgment in favor of plaintiff Tyler Plenry Smith, II, operator of an employment agency, in an action for declaratory relief.

Plaintiff brought this action to have it declared that he had the right in the operation of his agency to use the Bank of America charge account plan, and in particular that the court declare that it was proper to accept from the applicants for whom he secured employment a “sales draft” as a medium of payment for the agency’s services, the Labor Commissioner having taken the position that the “sales draft” was not only subject to his approval before it could be used in the business, but also contrary to certain rules then in force for the regulation of employment agencies. The court’s judgment sanctioned the use of the “sales draft” without prior approval by the commissioner.

The sole question on this appeal is whether the “sales' draft” admittedly used by the plaintiff must have the approval of the Labor Commissioner.

Appellant contends that the trial court failed to properly interpret the relevant Labor Code sections and the various documents comprising the Bank of America…