31A-40-304. Small operation license.
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31A-40-304. Small operation license.
(1)A professional employer organization may obtain a small operation license under this chapter if the professional employer organization:
(a)files an application for a small operation license with the commissioner:
(i)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)that includes the information and documentation the commissioner determines is necessary to show that the professional employer organization qualifies for a small operation license;
(b)pays a small operation license fee determined in accordance with Section 31A-3-103 , that is not refunded if the application:
(i)is denied; or
(ii)if incomplete, is never completed by the person filing the application;
(c)is domiciled outside of this state;
(d)is licensed or registered as a professional employer organization in another state;
(e)does not maintain an office in this state or directly solicit a client that:
(i)is domiciled in this state; or
(ii)maintains a location within this state;
(f)does not have at any time more than 50 covered employees employed or domiciled in this state; and
(g)is not owned or directed by another professional employer organization operating in the state.
(a)A small operation license is valid for one year.
(b)A professional employer organization may annually renew a small operation license.
(3)A professional employer organization with a small operation license under this chapter is not subject to Section 31A-40-205 .
Enacted by Chapter 318 , 2008 General Session