Utah Code 31A-40-304. Small operation license
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(1) A professional employer organization may obtain a small operation license under this chapter if the professional employer organization:
Terms Used In Utah Code 31A-40-304
- 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
- Client: means a person who enters into a professional employer agreement with a professional employer organization. See Utah Code 31A-40-102
- 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- License: includes a certificate of authority issued to an insurer. 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
- 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) files an application for a small operation license with the commissioner:(1)(a)(i) 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) that includes the information and documentation the commissioner determines is necessary to show that the professional employer organization qualifies for a small operation license;(1)(b) pays a small operation license fee determined in accordance with Section 31A-3-103, that is not refunded if the application:(1)(b)(i) is denied; or(1)(b)(ii) if incomplete, is never completed by the person filing the application;(1)(c) is domiciled outside of this state;(1)(d) is licensed or registered as a professional employer organization in another state;(1)(e) does not maintain an office in this state or directly solicit a client that:(1)(e)(i) is domiciled in this state; or(1)(e)(ii) maintains a location within this state;(1)(f) does not have at any time more than 50 covered employees employed or domiciled in this state; and(1)(g) is not owned or directed by another professional employer organization operating in the state.(2)(2)(a) A small operation license is valid for one year.(2)(b) A professional employer organization may annually renew a small operation license.(3) A professional employer organization with a small operation license under this chapter is not subject to Section 31A-40-205.