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:
     (a) is violating or has violated Section 31A-40-401; or
     (b) (i) is a:
     (A) professional employer organization licensed under this chapter; or
     (B) controlling person of a professional employer organization licensed under this chapter; and
     (ii) is convicted of a crime that relates to:
     (A) the operation of a professional employer organization;
     (B) fraud or deceit; or
     (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:
     (a) deny an application for a license;
     (b) revoke, restrict, or refuse to renew a license;
     (c) place a licensee on probation for the period and subject to conditions specified by the commissioner;
     (d) impose an administrative penalty in an amount not to exceed $2,500 for each violation; or
     (e) issue a cease and desist order.

Enacted by Chapter 318, 2008 General Session
Download Code Section Zipped WordPerfect 31A40_040200.ZIP 2,412 Bytes

Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page

Last revised: Thursday, May 28, 2009