Title 40, Professions and Occupations

(A) The department by regulation shall determine the form and content of: (1) the licenses issued under this chapter; and (2) notices required to be posted under this section. (B) The license issued under this chapter must be posted in a conspicuous place in the principal place o…

(A) A licensee may not conduct business under a name other than that specified in the license. A license issued under this chapter is not assignable. A licensee may not conduct business under any fictitious or assumed name without prior written authorization from the department. …

(A) A person may not: (1) engage in professional employer services without holding a license under this chapter as a professional employer organization or a professional employer organization group; (2) use the name or title "staff leasing services company", "licensed staff leasi…

When a complaint is filed against a licensee with the department regarding any insurance issue, the Department of Insurance shall investigate the complaint.

(A) For the purposes of this section, " conviction" includes a plea of guilty or nolo contendere or a finding of guilt. (B) The department may take disciplinary action against a licensee, or a person engaging in professional employer services without a license, on any of the foll…

The department or the Attorney General may file an action in circuit court to enforce the provisions of this chapter.

All fees collected by the department under this chapter must be used to implement the provisions of this chapter.

This chapter does not exempt a client of a licensee or an assigned employee from any other license requirements imposed under local, state, or federal law. An employee who is licensed, registered, or certified under law and who is assigned to a client company is an employee of th…

The department shall adopt regulations necessary to administer this chapter. Regulations must be adopted in compliance with the Administrative Procedures Act. A licensee is governed and controlled by this chapter and the regulations adopted by the department.

(A) A person may not engage in or offer professional employer services in this State without holding a license issued under this chapter. A person that desires a professional employer organization license shall file with the department a written application accompanied by an appl…

(A) To be qualified to serve as a controlling person of a licensee under this chapter, a person must be at least eighteen years of age, be of good moral character, and have educational, managerial, or business experience relevant to: (1) operation of a business entity offering pr…

(A)(1) Effective for license years beginning after September 30, 2005, key management personnel of all licensees must complete at least eight hours of continuing professional education annually. (2) For purposes of this subsection: (a) if the licensee is a sole proprietorship or …

(A) An applicant for an original or renewal license shall pay a fee to the department on the issuance of the license or license renewal. License fees are assessed as follows: (1) in the first year of the biennium: (a) two thousand dollars for a resident professional employer orga…

The department may by regulation provide for the acceptance of an affidavit or certification of a bonded, independent, and qualified assurance organization that has been approved by the department for certifying qualifications of a professional employer organization or profession…

(A) A licensee shall establish the terms of a professional employer organization services agreement by a written contract between the licensee and the client company. The licensee shall give written notice of the agreement as it affects assigned employees to each employee assigne…

(A) A contract between a licensee and a client company must provide that the licensee: (1) reserves the right of direction and control over employees assigned to a client company; (2) assumes responsibility for the payment of wages to the assigned employees without regard to paym…

(A) An employer subject to the provisions of Title 42 who contracts with a professional employer organization or professional employer organization group continues to be subject to the provisions of Title 42 and shall comply with Title 42 with regard to procuring and maintaining …

A group of at least two but not more than five professional employer organizations that are majority-owned by the same entity may be licensed as a professional employer organization group. A professional employer organization group may satisfy the reporting and financial requirem…

(A) The department may issue a restricted license to a nonresident professional employer organization or professional employer organization group for limited operation within this State under the following conditions if the: (1) applicant's state of residence provides for licensi…