Title 31A, Title 31A: Insurance Code

31A-40-201. Enforceable rights and obligations. (1) In a coemployment relationship under a professional employer agreement: a professional employer organization: may only enforce a right of an employer that is specifically allocated to the professional employer organization under…

31A-40-202. Professional employer agreement -- Specific responsibilities. (1) Except as specifically provided in this chapter, a coemployment relationship between a client and a professional employer organization, and between each coemployer and a covered employee, is governed by…

31A-40-203. Covered employee. (1) An individual is a covered employee of a professional employer organization if the individual is coemployed pursuant to a professional employer agreement subject to this chapter. An individual who is a covered employee under a professional employ…

31A-40-204. Rights and obligations unaffected -- Licensed, registered, or certified occupations or professions. (1) This chapter does not and a professional employer agreement may not affect, modify, or amend a: collective bargaining agreement; or right or obligation of a client,…

31A-40-205. Financial capability. (1) Except as provided in Subsectionor, as of the day a person applies for licensure or renewal of a license and at all times while licensed, a professional employer organization or collectively a professional employer organization group shall: (…

31A-40-206. Professional employer service not insurance. (1) A professional employer organization licensed under this chapter is not consideredengaged in the sale of insurance or as acting as a third party administrator when the professional employer organization engages in one o…

31A-40-207. Taxation. (1) A covered employee whose service is subject to a sales or use tax under, is considered the employee of the client for purposes of imposing and collecting the sales or use tax on the service performed by the covered employee. Title 59, Chapter 12, Sales a…

31A-40-208. Benefit plan. (1) A client and a professional employer organization licensed under this chapter shall each be considered an employer for purposes of sponsoring a retirement or welfare benefit plan for a covered employee. (2) A fully insured welfare benefit plan offere…

31A-40-209. Workers' compensation. (1) In accordance with Section, a client is responsible for securing workers' compensation coverage for a covered employee. 34A-2-103 (2) Subject to the requirements of Section, if a professional employer organization obtains or assists a client…

31A-40-210. Unemployment compensation insurance. (1) For purposes of, a covered employee of a professional employer organization licensed under this chapter is considered the employee of the professional employer organization. Title 35A, Chapter 4, Employment Security Act (2) The…

31A-40-211. Employment related economic incentives -- Employment information -- Client's status. (1) Notwithstanding the other provisions of this chapter, for purposes of determining eligibility for an employment related economic incentive, a covered employee is considered only a…

31A-40-212. Determination of joint employers -- Franchisors excluded. (1) For purposes of determining whether two or more persons are considered joint employers under this chapter, an administrative ruling of a federal executive agency may not be considered a generally applicable…

31A-40-301. Licensing required. (1) Except as otherwise provided in this chapter, a person may not engage in the following before the day on which the person is licensed under this chapter: providing a professional employer service in this state; advertising that the person provi…

31A-40-302. Licensing process. (1) To apply for an initial or renewal license under this chapter, a person shall: submit an application with the commissioner on a form and in a manner the commissioner shall determine by rule made in accordance with; and Title 63G, Chapter 3, Utah…

31A-40-303. Licensed through an assurance organization. (1) A person may comply with Sectionby: 31A-40-302 filing with the commissioner: a certification that an assurance organization certifies the qualifications of the professional employer organization; the information required…

31A-40-304. Small operation license. (1) A professional employer organization may obtain a small operation license under this chapter if the professional employer organization: files an application for a small operation license with the commissioner: on a form and in a manner the…

31A-40-305. Financial statements required for licensing. (1) A person that files a financial statement with an application for an initial license under Sectionshall file the professional employer organization's most recent audit as of the day the application is filed, except that…

31A-40-306. Professional employer organization group. (1) Subject to Subsection, a professional employer organization that is a member of a professional employer organization group may comply with Sectionor Sectionsthroughon a combined or consolidated basis if each member of the …

31A-40-307. Voluntary surrender of professional employer organization license. (1) When a professional employer organization wants to voluntarily surrender its professional employer organization license, the professional employer organization shall: notify in writing each coemplo…

31A-40-308. Material changes. A professional employer organization shall notify the commissioner within 30 days of a change in: (1) ownership; (2) an address or telephone number; (3) a contact person; or (4) business email address at which the commissioner may contact the profess…

31A-40-309. Applicability of other provisions of law. A professional employer organization is subject to Sectionsand.

31A-40-401. Prohibited acts. (1) A person may not: offer or provide a professional employer service if the person is not licensed under this chapter; use one of the following names if the person is not licensed under this chapter: "administrative employer"; "employee leasing"; "P…

31A-40-402. Disciplinary action. (1) Notwithstanding Section, in accordance with this section the commissioner may take action against a person if the commissioner finds that the person: 31A-2-308 is violating or has violated Section; or 31A-40-401 is a: professional employer org…