31A-40-302.   Licensing process -- Grandfathering.
     (1) To apply for an initial or renewal license under this chapter, a person shall:
     (a) (i) file 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; or
     (B) 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 files 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 a person 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 that is registered by the Division of Occupations and Professional Licensing as of May 4, 2008 shall comply with this section by no

later than November 5, 2008. An initial license obtained under this Subsection (3) is valid until the end of the professional employer organization's first full fiscal year that immediately follows the day on which the initial license application is filed.
     (4) Within 180 days after the day on which a professional employer organization's fiscal year ends, a professional employer organization shall renew its license by complying with Subsection (1).

Enacted by Chapter 318, 2008 General Session
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Last revised: Thursday, May 28, 2009