1. (1) To apply for an initial or renewal license under this chapter, a person shall:

   1. (a)

      1. (i) submit an application with the commissioner on a form and in a manner the commissioner shall determine by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and

      2. (ii) pay a license fee determined in accordance with Section 31A-3-103 that is not refunded if the application:

         1. (A) is denied;
         2. (B) does not comply with Section 31A-40-303; or
         3. (C) if incomplete, is never completed by the person filing the application; or
   2. (b) comply with Section 31A-40-303.

2. (2) In the application described in Subsection (1)(a), the person shall provide:

   1. (a) any name under which the professional employer organization will engage in a professional employer service;
   2. (b) the address of the principal place of business of the professional employer organization;
   3. (c) the address of each location the professional employer organization maintains in this state;
   4. (d) the professional employer organization's federal taxpayer or employer identification number;

   5. (e) the following information by jurisdiction of each name under which the professional employer organization operated in the five years preceding the day on which the person submits the application:

      1. (i) the name;
      2. (ii) an alternative name, if any;
      3. (iii) a name of a predecessor; and
      4. (iv) if known, a successor business entity;
   6. (f) a statement of ownership that includes the name and evidence of the business experience of a person that, individually or acting in concert with one or more other persons, owns or controls, directly or indirectly, 10% or more of the equity interests of the professional employer organization;

   7. (g) a statement of management that includes the name and evidence of the business experience of an individual who:

      1. (i) serves as president of the professional employer organization;
      2. (ii) serves as chief executive officer of the professional employer organization; or
      3. (iii) may act as a senior executive officer of the professional employer organization; and

   8. (h) a financial statement that:

      1. (i) sets forth the financial condition of:

         1. (A) the professional employer organization; or
         2. (B) a professional employer organization group in which the professional employer organization is a member;
      2. (ii) states whether or not the professional employer organization complies with Section 31A-40-205; and
      3. (iii) complies with Section 31A-40-305.
3. (3) A professional employer organization shall renew its license by no later than October 1 of each year.

Amended by Chapter 10, 2010 General Session