48-2711. Prohibited acts; violation; penalty; disciplinary action; powers of department; rules and regulations.

434 words·~2 min read·/ne/chapter-48/48-2711

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)(a) A person shall not knowingly:

(i)Offer or provide professional employer services in this state or use the names PEO, professional employer organization, staff leasing, employee leasing, administrative employer, or other title representing professional employer services unless such person is registered under the Professional Employer Organization Registration Act;

(ii)Provide false or fraudulent information to the department in conjunction with any registration, renewal, or report required under the act; or

(iii)Enter into a co-employment relationship in which less than a majority of the employees of the client in this state are covered employees or in which less than one-half of the payroll of the client in this state is attributable to covered employees.

(b)Any person violating this subsection is guilty of a Class I misdemeanor.

(2)Disciplinary action may be taken by the department:

(a)Against a person for violation of subsection

(1)of this section;

(b)Against a professional employer organization or a controlling person of a professional employer organization upon the conviction of a professional employer organization or a controlling person of a professional employer organization of a crime that relates to the operation of the professional employer organization or the ability of a registrant or a controlling person of a registrant to operate a professional employer organization;

(c)Against a professional employer organization or a controlling person of a professional employer organization for knowingly making a material misrepresentation to an insurer, an insurance producer, the department, or other governmental agency; or

(d)Against a professional employer organization or a controlling person of a professional employer organization for a willful violation of the act or any order or regulation issued by the department under the act.

(3)(a) Upon finding, after notice and opportunity for hearing, that a professional employer organization, a controlling person of a professional employer organization, or a person offering professional employer services has violated one or more provisions of this section, and subject to any appeal required, the department may:

(i)Deny an application for registration;

(ii)Revoke, restrict, or refuse to renew a registration;

(iii)Impose an administrative penalty in an amount not to exceed one thousand dollars for each material violation;

(iv)Place the registrant on probation for the period and subject to conditions that the department specifies; or

(v)Issue a cease and desist order.

(b)A decision by the department under this subsection may be appealed in accordance with the Administrative Procedure Act.

(4)The department may adopt and promulgate rules and regulations reasonably necessary for the administration and enforcement of this section and sections 48-2704 , 48-2705 , and 48-2710 .