§ 31A-40-402 — Disciplinary action.

(1) Notwithstanding Section 31A-2-308, in accordance with this section the commissioner may take action against a person if the commissioner finds that the person:

(1)(a) is violating or has violated Section 31A-40-401; or
(1)(b) (1)(b)(i) is a:

(1)(b)(i)(A) professional employer organization licensed under this chapter; or
(1)(b)(i)(B) controlling person of a professional employer organization licensed under this chapter; and
(1)(b)(ii) is convicted of a crime that relates to:

(1)(b)(ii)(A) the operation of a professional employer organization;
(1)(b)(ii)(B) fraud or deceit; or
(1)(b)(ii)(C) the ability of the professional employer organization or a controlling person of the professional employer organization to operate a professional employer organization.
(2) After notice and an opportunity for a hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act, if the commissioner makes a finding described in Subsection (1), the commissioner may:

(2)(a) deny an application for a license;
(2)(b) revoke, restrict, or refuse to renew a license;
(2)(c) place a licensee on probation for the period and subject to conditions specified by the commissioner;
(2)(d) impose an administrative penalty in an amount not to exceed $2,500 for each violation; or
(2)(e) issue a cease and desist order.

Legislative History

Enacted by Chapter 318, 2008 General Session