Legislation

Search OpenLegislation Statutes
This entry was published on 2015-04-24
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 919
Registration process
Labor (LAB) CHAPTER 31, ARTICLE 31
§ 919. Registration process. 1. Except as otherwise provided in this
section, each professional employer organization required to be
registered under this article shall provide the department with
information required by the department on forms that the department
specifies. At a minimum, professional employer organizations shall
provide the following information:

(a) The name or names under which it conducts business;

(b) The address of the principal place of business of the professional
employer organization and the address of each office it maintains in
this state;

(c) The professional employer organization's taxpayer or employer
identification number;

(d) A list by jurisdiction of each name under which the professional
employer organization has operated in the preceding five years,
including any alternative names, names of predecessors and, if known,
successor business entities; and

(e) In the event the professional employer organization or the
ultimate parent of a professional employer organization group is a
privately or closely held company, the professional employer
organization or professional employer organization group shall file a
list of all persons or entities that own a five percent or greater
interest in the professional employer organization at the time of
application and a list of persons who formerly owned a five percent or
greater interest in the professional employer organization or its
predecessors in the preceding five years. In the event the professional
employer organization or the ultimate parent of a professional employer
organization group is a publicly traded company, the professional
employer organization or professional employer organization group shall
file a list of all persons or entities that own a fifty percent or
greater interest in the professional employer organization or the
ultimate parent of the professional employer organization group at the
time of application.

2. Each professional employer organization operating within this state
shall complete its initial registration within one hundred eighty days
after the end of the professional employer organization's fiscal year
ending after the effective date of this article.

3. Within one hundred eighty days after the end of the professional
employer organization's fiscal year, each registrant shall renew its
registration by notifying the department of any changes in the
information previously provided pursuant to this section.

4. Two or more professional employer organizations that are majority
owned by the same ultimate parent, entity or persons may be registered
as a professional employer organization group. A professional employer
organization group may satisfy any reporting and financial requirements
of this article on a consolidated basis. As a condition of registration
as a professional employer organization group, each company that is a
member of the group shall guarantee payment of all financial obligations
of each other member.

5. A professional employer organization shall be exempt from the
registration requirements specified in this section if such professional
employer organization:

(a) submits a properly executed request for registration and exemption
on a form provided by the department;

(b) is domiciled outside this state and is licensed or registered as a
professional employer organization in another state that has the same or
greater requirements as this article;

(c) does not maintain an office in this state or solicit in any manner
clients located or domiciled within this state; and

(d) does not have more than twenty-five worksite employees in this
state.

6. The registration and exemption of a professional employer
organization under subdivision five of this section shall be valid for
one year.

7. The department shall maintain a list of professional employer
organizations registered under this article.

8. The department may prescribe forms necessary to promote the
efficient administration of this section.