Effective 28 Aug 2018

285.750. Prohibited acts — disciplinary action, when — sanctions. — 1. A person shall not knowingly:

(1) Offer or provide professional employer services or use the names PEO, professional employer organization, staff leasing, employee leasing, administrative employer, or other title representing professional employer services without first becoming registered under sections 285.700 to 285.750; or

(2) Provide false or fraudulent information to the secretary of state in conjunction with any registration, renewal, or in any report required under sections 285.700 to 285.750.

2. Disciplinary action shall be taken by the secretary of state for violation of this section for:

(1) The conviction of a professional employer organization or a controlling person of a PEO of a crime that relates to the operation of a PEO or the ability of the licensee or a controlling person of a licensee to operate a PEO;

(2) Knowingly making a material misrepresentation to the secretary of state or other governmental agency; or

(3) A willful violation of sections 285.700 to 285.750 or any order issued by the secretary of state under sections 285.700 to 285.750.

3. Upon finding, after notice and opportunity for hearing, that a PEO, a controlling person of a PEO, or a person offering PEO services has violated one or more provisions of this section and subject to appeal, the secretary of state may:

(1) Deny an application for a license;

(2) Revoke, restrict, or refuse to renew a license;

(3) Impose an administrative penalty in an amount not to exceed one thousand dollars for each material violation;

(4) Place the licensee on probation for the period and subject to conditions that the secretary of state specifies; or

(5) Issue a cease and desist order.

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(L. 2018 H.B. 1719)