31A-40-302 - Licensing process.
31A-40-302. Licensing process.
(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 thecommissioner shall determine by rule made in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act; and
(ii) pay a license fee determined in accordance with Section 31A-3-103 that is notrefunded 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 aprofessional employer service;
(b) the address of the principal place of business of the professional employerorganization;
(c) the address of each location the professional employer organization maintains in thisstate;
(d) the professional employer organization's federal taxpayer or employer identificationnumber;
(e) the following information by jurisdiction of each name under which the professionalemployer organization operated in the five years preceding the day on which the person submitsthe 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 businessexperience 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 professionalemployer organization;
(g) a statement of management that includes the name and evidence of the businessexperience 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 employerorganization is a member;
(ii) states whether or not the professional employer organization complies with Section31A-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