Chapter 68 - Regulation Of Professional Employer Organizations

Chapter 68 - Regulation Of Professional Employer Organizations

Section 40-68-10. Definitions.
Section 40-68-20. Department to adopt regulations; Administrative Procedures Act to govern; licensee governed by chapter and regulations.
Section 40-68-30. License required; application and fee; information required as to each member of group; ineligibility for license for year after denial or revocation of license; exceptions.
Section 40-68-40. Qualifications to serve as controlling person; background investigation; fingerprinting; effect of conviction of crime; designating agent for service of process; minimum net worth requirement.
Section 40-68-45. Continuing professional education.
Section 40-68-50. License fees; biennial assessment fee; submission of financial data to ensure compliance.
Section 40-68-55. Acceptance of affidavit or certification of approval.
Section 40-68-60. Terms of agreement to be established in writing; notice and delivery of notice to assigned employees; posting of notice by client company; notice or knowledge of injury.
Section 40-68-70. Requirements of contract between licensee and client company; investigation of client company's work force; securing workers' compensation insurance coverage; licensee considered employer of assigned employees.
Section 40-68-75. Responsibilities of client company with respect to workers' compensation insurance; penalties and liabilities for violation.
Section 40-68-80. Licensing of multiple companies owned by same entity as professional employer organization group; joint liability.
Section 40-68-90. Nonresident company or group; restricted license; appointment of entity for receipt of legal process.
Section 40-68-100. Duty to issue license to qualified applicants; issuance within prescribed time; time license is valid; renewal.
Section 40-68-110. Disclosure by licensee of information as to insurance or benefit plans for benefit of assigned employees; other reports may be required by regulation.
Section 40-68-120. Licensee's obtaining of workers' compensation coverage; licensee-sponsored and client-sponsored benefit plans for assigned employees; unemployment taxes; notification of start and end of relationship with client company.
Section 40-68-130. Form and content of licenses and notices; display.
Section 40-68-140. Name under which business may be conducted; change of name or location of primary office or records; addition of business offices; license not assignable.
Section 40-68-150. Prohibited acts; operation without license; wrongful use of title or representation of being licensed; use of forged or false information to obtain license or in disciplinary proceeding; use of expired or revoked license; penalties.
Section 40-68-155. Investigation of complaints.
Section 40-68-160. Disciplinary action; grounds; sanctions; notice, hearing, and appeal; reinstatement.
Section 40-68-165. Enforcement by Attorney General.
Section 40-68-170. Fees to be used to implement provisions of chapter.
Section 40-68-180. Other applicable license requirements; licensed, registered, or certified employee considered employee of client company or of licensee; Employment Security Law unaffected.

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