§33-46A-10. Rule-Making Authority; Fees
(a) In addition to the authority to propose rules as provided in section seven of this article, the commissioner may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including but not limited to: (1) Requirements for the issuance […]
§33-46A-3. Rights, Duties and Obligations Unaffected by This Article
(a) Nothing in this article or in any professional employer agreement affects, modifies or amends any collective bargaining agreement, or the rights or obligations of a client-employer, PEO or covered employee under the Federal National Labor Relations Act, the Federal Railway Labor Act or article one-a, chapter twenty-one of this code. (b) Notwithstanding any other […]
§33-46A-4. Licensing Requirements
(a) Except as otherwise provided in this article, no person may provide, advertise or otherwise hold himself herself or itself out as providing professional employer services to client-employers in this state, unless licensed under this article. (b) Every PEO operating within this state as of the effective date of this article must obtain a license […]
§33-46A-4a. Operation of a Peo Without a License; Enforcement; Penalties; Fraud Unit May Investigate
(a) Any person who operates a PEO without a license issued in accordance with this article is subject to the all of the injunctive, criminal, civil and administrative relief and criminal penalties as provided in article forty-four of this chapter for the unauthorized transaction of insurance. (b) In addition to the other investigative authority granted […]
§33-46A-5. Examinations; Costs; Confidentiality of Information
(a) The commissioner may examine or investigate the business and affairs of any PEO plan he or she considers necessary. The examination or investigation is subject to and shall be performed in accordance with the provisions of section nine, article two of this chapter. (b) The commissioner shall assess the costs of an examination to […]
§33-46A-6. Requirements for Provisions of Peo Agreements
(a) Each professional employer agreement shall, at a minimum, allocate the responsibility to: (1) Arrange for the payment of wages to covered employees;
§33-46A-7. Workers' Compensation
(a) The responsibility to obtain workers' compensation coverage for covered employees in compliance with all applicable law shall be specifically allocated in the professional employer agreement to either the client-employer or the PEO. (b) If the responsibility is allocated to the PEO under the agreement: (1) The agreement shall require that the PEO maintain and […]
§33-46A-8. Enforcement; Penalties
(a) No person may offer or provide professional employer services or use the names PEO, Professional Employer Organization, staff leasing, employee leasing, administrative employer or other title representing professional employer services without holding a license issued under the provisions of this article. (b) The commissioner shall deny, suspend or revoke the license of a PEO […]
§33-46-14. Nonresident Administrator
(a) Unless an administrator has obtained a home state license in this state under section twelve of this article, any administrator who performs administrator duties in this state shall obtain a nonresident administrator license in accordance with this section by filing with the commissioner the uniform application, accompanied by a letter of certification. In lieu […]
§33-46-15. Fees and Charges
Except where it is otherwise specially provided, the commissioner shall assess third-party administrators the following fees: For annual fee for each license, $200; for receiving and filing annual reports, $100; for filing a certified copy of articles of incorporation, $50; for filing a copy of its charter, $50; for filing statements preliminary to admission, $100; […]