31A-40-302. Licensing process.

405 words·~2 min read·/ut/title-31a/chapter-40/31a-40-302·

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

(1)To apply for an initial or renewal license under this chapter, a person shall:

(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.

Amended by Chapter 10 , 2010 General Session