§ 23-92-415. Licensing of employer service assurance organizations
(a) (1) No employer service assurance organization shall provide any service relating to the regulation of professional employer organizations, and no state agency, professional employer organization, or insurer shall utilize the services of the organization for those purposes unless the organization has obtained a license from the Insurance Commissioner. (2) No state agency, professional employer […]
§ 23-92-208. Compensation
The compensation for an administrator may be based on: (1) Premiums or charges collected; (2) The number of claims paid or processed; or (3) Some other fair and equitable basis provided by the contract.
§ 23-92-416. Employer service assurance organizations — Prohibited activities
(a) No employer service assurance organization shall attempt to monopolize or to combine or conspire with any other person to monopolize any market or make any arrangement with any professional employer organization, employer service assurance organization, or other person that has the purpose or effect of unreasonably restraining trade or of substantially lessening competition in […]
§ 23-92-401. Title
This subchapter may be cited as the “Arkansas Professional Employer Organization Recognition and Licensing Act”.
§ 23-92-417. Employer service assurance organization — Permitted activities
In addition to other activities permitted, any employer service assurance organization may: (1) Provide services under § 23-92-414 and § 23-92-419(b); (2) Develop and administer standards, procedures, and programs of accreditation and financial assurance and other services for professional employer organizations and state agencies unless otherwise prohibited by law; and (3) Furnish any other services […]
§ 23-92-402. Definitions
As used in this subchapter: (1) “Client” means any person who enters into a coemployment relationship as a coemployer with a professional employer organization; (2) “Coemployer” means a professional employer organization or a client of a professional employer organization; (3) “Coemployment relationship” means: (A) As between coemployers, a relationship in which the rights, duties, and […]
§ 23-92-403. Relationship to other laws
(a) (1) Neither this subchapter nor any professional employer agreement shall affect, modify, or amend any collective bargaining agreement or the rights or obligations of any client, professional employer organization, or covered employee under the National Labor Relations Act, as it existed on January 1, 2003. (2) This subchapter preserves all rights to which a […]
§ 23-92-404. Licensing and renewal
(a) Except as otherwise provided in this subchapter, no person shall provide, advertise, or otherwise hold itself out as providing professional employer services in Arkansas unless the person is licensed as a professional service organization under this subchapter. (b) (1) Each professional employer organization required to be licensed under this subchapter shall provide the Insurance […]
§ 23-92-405. Controlling person
(a) Each controlling person shall provide information and certifications necessary for the Insurance Commissioner to determine that the controlling person is of good moral character and: (1) Is at least eighteen (18) years of age; and (2) Has the education, managerial, or business experience to successfully act as the controlling person of a professional employer […]
§ 23-92-406. Changes in control
(a) (1) A license issued to any professional employer organization under this subchapter may not be transferred or assigned. (2) A licensee may not operate an entity subject to licensing under this subchapter under any name or at any location other than that specified in the application for the license or without having received the […]