§ 31A-40-302 — Licensing process.

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

(1)(a) (1)(a)(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
(1)(a)(ii) pay a license fee determined in accordance with Section 31A-3-103 that is not refunded if the application:

(1)(a)(ii)(A) is denied;
(1)(a)(ii)(B) does not comply with Section 31A-40-303; or
(1)(a)(ii)(C) if incomplete, is never completed by the person filing the application; or
(1)(b) comply with Section 31A-40-303.
(2) In the application described in Subsection (1)(a), the person shall provide:

(2)(a) any name under which the professional employer organization will engage in a professional employer service;
(2)(b) the address of the principal place of business of the professional employer organization;
(2)(c) the address of each location the professional employer organization maintains in this state;
(2)(d) the professional employer organization's federal taxpayer or employer identification number;
(2)(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:
(2)(e)(i) the name;
(2)(e)(ii) an alternative name, if any;
(2)(e)(iii) a name of a predecessor; and
(2)(e)(iv) if known, a successor business entity;
(2)(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;
(2)(g) a statement of management that includes the name and evidence of the business experience of an individual who:
(2)(g)(i) serves as president of the professional employer organization;
(2)(g)(ii) serves as chief executive officer of the professional employer organization; or
(2)(g)(iii) may act as a senior executive officer of the professional employer organization; and
(2)(h) a financial statement that:
(2)(h)(i) sets forth the financial condition of:

(2)(h)(i)(A) the professional employer organization; or
(2)(h)(i)(B) a professional employer organization group in which the professional employer organization is a member;
(2)(h)(ii) states whether or not the professional employer organization complies with Section 31A-40-205; and
(2)(h)(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.

Legislative History

Amended by Chapter 10, 2010 General Session