39-8-206. License suspension, revocation, or nonrenewal.

280 words·~1 min read·/mt/title-39/chapter-8/part-2/39-8-206

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39-8-206 . License suspension, revocation, or nonrenewal.

(1)In addition to the penalty provided in 39-8-302 , the department may suspend for up to 1 year, may permanently revoke, or may refuse to renew a license issued under this chapter if, after notice to the licensee, the department finds that any of the following exists:

(a)a cause for which issuance of the license could have been refused had it been known to the department at the time of issuance;

(b)a violation of an order of the department or noncompliance with any provision of this chapter;

(c)procurement of or attempting to procure a license through misrepresentation or fraud;

(d)failure to provide a written response to a written inquiry from the department or its agent within 30 days after receiving an inquiry; or

(e)failure to meet or maintain any other requirement of this chapter.

(2)If a license is suspended, revoked, or not renewed, the department shall:

(a)immediately notify by certified mail the licensee and the licensee's workers' compensation carrier; and

(b)require the licensee to:

(i)notify each client by certified mail, return receipt requested, of the suspension, revocation, or nonrenewal using language furnished by the department;

(ii)notify each client in writing that the client shares joint and several liability, retroactive to the date of the client's entering into a contract with the licensee, for any wages, workers' compensation premiums, payroll-related taxes, and any benefits left unpaid by the professional employer organization or group; and

(iii)provide the department with evidence of client notification.

(3)Upon notification, the licensee may appeal the decision of the department pursuant to the procedure provided in 39-8-203 .