Licensing process.

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  • (1) To apply for an initial or renewal license under this chapter, a person shall:
    • (a)
      • (i) submit an application with the commissioner 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) pay a license fee determined in accordance with Section 31A-3-103 that is not refunded if the application:
        • (A) is denied;
        • (B) does not comply with Section 31A-40-303; or
        • (C) if incomplete, is never completed by the person filing the application; or
    • (b) comply with Section 31A-40-303.
  • (2) In the application described in Subsection (1)(a), the person shall provide:
    • (a) any name under which the professional employer organization will engage in a professional employer service;
    • (b) the address of the principal place of business of the professional employer organization;
    • (c) the address of each location the professional employer organization maintains in this state;
    • (d) the professional employer organization's federal taxpayer or employer identification number;
    • (e) the following information by jurisdiction of each name under which the professional employer organization operated in the five years preceding the day on which the person submits the application:
      • (i) the name;
      • (ii) an alternative name, if any;
      • (iii) a name of a predecessor; and
      • (iv) if known, a successor business entity;
    • (f) a statement of ownership that includes the name and evidence of the business experience of a person that, individually or acting in concert with one or more other persons, owns or controls, directly or indirectly, 10% or more of the equity interests of the professional employer organization;
    • (g) a statement of management that includes the name and evidence of the business experience of an individual who:
      • (i) serves as president of the professional employer organization;
      • (ii) serves as chief executive officer of the professional employer organization; or
      • (iii) may act as a senior executive officer of the professional employer organization; and
    • (h) a financial statement that:
      • (i) sets forth the financial condition of:
        • (A) the professional employer organization; or
        • (B) a professional employer organization group in which the professional employer organization is a member;
      • (ii) states whether or not the professional employer organization complies with Section 31A-40-205; and
      • (iii) complies with Section 31A-40-305.
  • (3) A professional employer organization shall renew its license by no later than October 1 of each year.




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