1. (1) Notwithstanding Section 31A-2-308, in accordance with this section the commissioner may take action against a person if the commissioner finds that the person:

   1. (a) is violating or has violated Section 31A-40-401; or

   2. (b)

      1. (i) is a:

         1. (A) professional employer organization licensed under this chapter; or
         2. (B) controlling person of a professional employer organization licensed under this chapter; and

      2. (ii) is convicted of a crime that relates to:

         1. (A) the operation of a professional employer organization;
         2. (B) fraud or deceit; or
         3. (C) the ability of the professional employer organization or a controlling person of the professional employer organization to operate a professional employer organization.

2. (2) After notice and an opportunity for a hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act, if the commissioner makes a finding described in Subsection (1), the commissioner may:

   1. (a) deny an application for a license;
   2. (b) revoke, restrict, or refuse to renew a license;
   3. (c) place a licensee on probation for the period and subject to conditions specified by the commissioner;
   4. (d) impose an administrative penalty in an amount not to exceed $2,500 for each violation; or
   5. (e) issue a cease and desist order.

Enacted by Chapter 318, 2008 General Session