Utah Code 31A-40-302. Licensing process
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(1) To apply for an initial or renewal license under this chapter, a person shall:
Terms Used In Utah Code 31A-40-302
- Application: means a document:(10)(a)(10)(a)(i) completed by an applicant to provide information about the risk to be insured; and(10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:(10)(a)(ii)(A) insure the risk under:(10)(a)(ii)(A)(I) the coverage as originally offered; or(10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or(10)(a)(ii)(B) decline to insure the risk; or(10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
- Business entity: means :
(17)(a) a corporation;(17)(b) an association;(17)(c) a partnership;(17)(d) a limited liability company;(17)(e) a limited liability partnership; or(17)(f) another legal entity. See Utah Code 31A-1-301- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Filing: when used as a noun, means an item required to be filed with the department including:
(70)(a) a policy;(70)(b) a rate;(70)(c) a form;(70)(d) a document;(70)(e) a plan;(70)(f) a manual;(70)(g) an application;(70)(h) a report;(70)(i) a certificate;(70)(j) an endorsement;(70)(k) an actuarial certification;(70)(l) a licensee annual statement;(70)(m) a licensee renewal application;(70)(n) an advertisement;(70)(o) a binder; or(70)(p) an outline of coverage. See Utah Code 31A-1-301- Form: means one of the following prepared for general use:
(74)(a)(i) a policy;(74)(a)(ii) a certificate;(74)(a)(iii) an application;(74)(a)(iv) an outline of coverage; or(74)(a)(v) an endorsement. See Utah Code 31A-1-301- Individual: means a natural person. See Utah Code 31A-1-301
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
- Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
- Person: includes :
(146)(a) an individual;(146)(b) a partnership;(146)(c) a corporation;(146)(d) an incorporated or unincorporated association;(146)(e) a joint stock company;(146)(f) a trust;(146)(g) a limited liability company;(146)(h) a reciprocal;(146)(i) a syndicate; or(146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301- professional employer organization: means a person engaged in the business of providing a professional employer service. See Utah Code 31A-40-102
- Professional employer organization group: means two or more professional employer organizations that are majority owned or commonly controlled or directed by the same one or more persons. See Utah Code 31A-40-102
- Professional employer service: means the service of entering into a coemployment relationship under this chapter under which all or a majority of the employees who provide a service to a client, or a division or work unit of a client, are covered employees. See Utah Code 31A-40-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a)(1)(a)(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(1)(a)(ii) pay a license fee determined in accordance with Section 31A-3-103 that is not refunded if the application:(1)(a)(ii)(A) is denied;(1)(a)(ii)(B) does not comply with Section 31A-40-303; or(1)(a)(ii)(C) if incomplete, is never completed by the person filing the application; or(1)(b) comply with Section 31A-40-303.(2) In the application described in Subsection (1)(a), the person shall provide:(2)(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;(2)(c) the address of each location the professional employer organization maintains in this state;(2)(d) the professional employer organization’s federal taxpayer or employer identification number;(2)(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:(2)(e)(i) the name;(2)(e)(ii) an alternative name, if any;(2)(e)(iii) a name of a predecessor; and(2)(e)(iv) if known, a successor business entity;(2)(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;(2)(g) a statement of management that includes the name and evidence of the business experience of an individual who:(2)(g)(i) serves as president of the professional employer organization;(2)(g)(ii) serves as chief executive officer of the professional employer organization; or(2)(g)(iii) may act as a senior executive officer of the professional employer organization; and(2)(h) a financial statement that:(2)(h)(i) sets forth the financial condition of:(2)(h)(i)(A) the professional employer organization; or(2)(h)(i)(B) a professional employer organization group in which the professional employer organization is a member;(2)(h)(ii) states whether or not the professional employer organization complies with Section 31A-40-205; and(2)(h)(iii) complies with Section 31A-40-305.(3) A professional employer organization shall renew its license by no later than October 1 of each year. - Business entity: means :