10 §1495-A. Registration required (REPEALED)

§1495-A. Registration required (REPEALED) SECTION HISTORY PL 1997, c. 495, §1 (NEW). PL 1999, c. 172, §1 (AMD). PL 1999, c. 172, §2 (AFF). PL 2003, c. 668, §2 (RP). PL 2003, c. 668, §12 (AFF).

10 §1495-B. Disclosure to employers

§1495-B. Disclosure to employers 1.  Generally.  [PL 2003, c. 668, §3 (RP); PL 2003, c. 668, §12 (AFF).] 2.  Exception.  [PL 2003, c. 668, §3 (RP); PL 2003, c. 668, §12 (AFF).] 3.  Periodic reports to employers.  On a regular basis not less frequently than quarterly, a payroll processor shall provide to each employer an […]

10 §1495-C. Penalties

§1495-C. Penalties 1.  Civil violations.  A payroll processor is subject to a civil penalty or a civil forfeiture in accordance with the following.   A. A payroll processor that fails to provide the disclosure statement required by section 1495‑B to an employer for which it provides payroll processing services commits a civil violation for which […]

10 §1495-D. Licensing; proof of insurance and bonding; fees

§1495-D. Licensing; proof of insurance and bonding; fees 1.  License required.  A person desiring to engage or continue in business in this State as a payroll processor shall apply to the administrator for a license under this chapter on or before January 31st of each year. The application must be in a form prescribed by […]

10 §1495-E. Surety bonding

§1495-E. Surety bonding 1.  Bond required; minimum amount; duration.  Each application for a license under section 1495‑D must be accompanied by evidence of a surety bond, in a form approved by the administrator, in an amount equal to the total of all local, state and federal tax payments and unemployment insurance premiums processed by the […]

10 §1495-F. Powers of administrator

§1495-F. Powers of administrator 1.  Examinations.  The administrator shall establish a program of regular examinations of payroll processors subject to the provisions of this chapter. The regular examinations must be conducted not less frequently than every 18 months. The administrator may, in the administrator’s discretion, use an audit report of a payroll processor performed by […]

10 §1495-G. Contracts and cooperation with other agencies

§1495-G. Contracts and cooperation with other agencies 1.  Other agencies’ staff.  The administrator may employ and engage experts, professionals or other personnel of other state or federal regulatory agencies as may be necessary to assist the administrator in carrying out the regulatory functions of this chapter. The administrator may contract agency staff to other state […]

10 §1495-H. Enforcement actions

§1495-H. Enforcement actions A payroll processor that fails to obtain a license under section 1495‑D or that violates any provision of this chapter or any rule issued by the administrator, or through any unfair, unconscionable or deceptive practice causes or has the potential to cause damage to an employer or employee of that employer, is […]

10 §1495-I. Insolvency and liquidation

§1495-I. Insolvency and liquidation 1.  Voluntary liquidation.  A payroll processor who voluntarily ceases to do business in the State is subject to the following provisions.   A. Prior to voluntarily ceasing business as a payroll processor, a payroll processor shall:   (1) Notify the administrator of the proposed termination at least 30 days prior to […]

10 §1495. Definitions

§1495. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1997, c. 495, §1 (NEW).] 1.  Employer.  “Employer” means a person that maintains an office or otherwise transacts business in this State and makes payment of wages taxable under Title 36, Part 8 to […]