Regulation Of Professional Employer Organizations

  1. Law
  2. South Carolina Code of Laws
  3. Professions and Occupations
  4. Regulation Of Professional Employer Organizations

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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.