Authority: IC 27-16-4-7; IC 27-16-5-4; IC 27-16-5-6; IC 27-16-8-4

Affected: IC 27-16

Sec. 5. (a) Under IC 27-16-4-7, the department shall approve a PEO's registration in lieu of the requirements of sections 2 and 4 of this rule if a certification of the PEO acceptable to the commissioner is provided to the department. The certification must be from an independent national organization that has been approved by the department. To be approved by the department, the organization shall:

1. (1) have an established program for the accreditation or certification of PEOs based on requirements equal to or greater than the requirements of IC 27-16 and this rule;
2. (2) be willing to provide a level of financial assurance acceptable to the commissioner; and

3. (3) agree to provide the department with:

   1. (A) a letter from each PEO requesting registration under IC 27-16-4-7, along with such information as the department shall require to process the request;
   2. (B) an affidavit confirming the certification or accreditation of each PEO and provide written notice within two (2) business days of any termination or default of such certification or accreditation; and
   3. (C) on-line access to, or provide a copy within five (5) business days of a request for, any information used as a basis for certification or accreditation of a PEO that has elected to use these procedures.

(b) The commissioner shall maintain a list of independent national organizations that have been approved for the purpose of certifying a PEO's application for registration.

(c) If an independent national organization no longer meets the requirements of subsection (a), the department shall conduct a detailed review of all information provided by the independent national organization on behalf of each PEO that was registered based upon that organization's certification or accreditation. The department will notify the PEO in writing of any deficiencies. The PEO shall have sixty (60) days to correct the stated deficiencies.

(d) A registration fee of two hundred fifty dollars ($250) shall be required for each PEO seeking registration under IC 27-16-4-7.

(Department of Insurance; 760 IAC 1-73-5; filed May 24, 2007, 4:15 p.m.: 20070620-IR-760060069FRA; readopted filed Nov 26, 2013, 3:43 p.m.: 20131225-IR-760130479RFA; readopted filed Nov 19, 2019, 9:18 a.m.: 20191218-IR-760190497RFA; readopted filed Oct 22, 2025, 3:17 p.m.: 20251119-IR-760240637RFA)