§ 31A-40-402. Disciplinary action.

(1) Notwithstanding Section 31A-2-308, in accordance with this section the commissioner may take action against a person if the commissioner finds that the person:

(a) is violating or has violated Section 31A-40-401; or

(b)

(i) is a:

(A) professional employer organization licensed under this chapter; or

(B) controlling person of a professional employer organization licensed under this chapter; and

(ii) is convicted of a crime that relates to:

(A) the operation of a professional employer organization;

(B) fraud or deceit; or

(C) the ability of the professional employer organization or a controlling person of the professional employer organization to operate a professional employer organization.

(2) After notice and an opportunity for a hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act, if the commissioner makes a finding described in Subsection (1), the commissioner may:

(a) deny an application for a license;

(b) revoke, restrict, or refuse to renew a license;

(c) place a licensee on probation for the period and subject to conditions specified by the commissioner;

(d) impose an administrative penalty in an amount not to exceed $2,500 for each violation; or

(e) issue a cease and desist order.

Enacted by Chapter 318, 2008 General Session