§ 31A-40-304. Small operation license.

(1) A professional employer organization may obtain a small operation license under this chapter if the professional employer organization:

(a) files an application for a small operation license with the commissioner:

(i) on a form and in a manner the commissioner shall determine by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and

(ii) that includes the information and documentation the commissioner determines is necessary to show that the professional employer organization qualifies for a small operation license;

(b) pays a small operation license fee determined in accordance with Section 31A-3-103, that is not refunded if the application:

(i) is denied; or

(ii) if incomplete, is never completed by the person filing the application;

(c) is domiciled outside of this state;

(d) is licensed or registered as a professional employer organization in another state;

(e) does not maintain an office in this state or directly solicit a client that:

(i) is domiciled in this state; or

(ii) maintains a location within this state;

(f) does not have at any time more than 50 covered employees employed or domiciled in this state; and

(g) is not owned or directed by another professional employer organization operating in the state.

(2)

(a) A small operation license is valid for one year.

(b) A professional employer organization may annually renew a small operation license.

(3) A professional employer organization with a small operation license under this chapter is not subject to Section 31A-40-205.

Enacted by Chapter 318, 2008 General Session