(1) For the purpose of this section as it pertains to Section 89 of the Internal Revenue Code, “administrator” means any corporation, person or other entity which provides qualification and discrimination testing services in compliance with Section 89 of the Internal Revenue Code.

(2) The State Auditor shall compile a list of administrators he deems acceptable to provide to state agencies and local governmental entities the services described in subsection (1) of this section. To be deemed acceptable, an administrator shall:

(a) Be authorized to do business in this state or be a corporation organized or existing under the laws of this state;

(b) Maintain an office in this state with sufficient staff and equipment to render the services which are subject to this chapter as required by the State Auditor; and

(c) Comply with the guidelines established by the State Auditor pertaining to state agencies’ or local governmental entities’ compliance with Section 89 of the Internal Revenue Code.

The State Auditor shall revise the list annually unless an earlier revision is necessary to remove an administrator who does not satisfy the requirements set forth in paragraphs (a) through (c) of this subsection.

(3) Only administrators who appear on the most recent list compiled by the State Auditor shall, directly or indirectly, provide qualification and discrimination testing services to a state agency or local governmental entity.

(4) A state agency or local governmental entity shall promptly notify the State Auditor of any complaint against an administrator.

(5) The State Auditor may promulgate rules and regulations necessary to implement this section.