Utah Code 31A-40-307. Voluntary surrender of professional employer organization license
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(1) When a professional employer organization wants to voluntarily surrender its professional employer organization license, the professional employer organization shall:
Terms Used In Utah Code 31A-40-307
- Coemployer: means :(4)(a) a client; or(4)(b) a professional employer organization. See Utah Code 31A-40-102
- Employee: means :
(57)(a) an individual employed by an employer; or(57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301- Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
(83)(a) a professional service;(83)(b) a personal service;(83)(c) a facility;(83)(d) equipment;(83)(e) a device;(83)(f) supplies; or(83)(g) medicine. See Utah Code 31A-1-301- health insurance: means insurance providing:
(84)(a)(i) a health care benefit; or(84)(a)(ii) payment of an incurred health care expense. See Utah Code 31A-1-301- Individual: means a natural person. See Utah Code 31A-1-301
- Insurance: includes :
(96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;(96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and(96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301- Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
(103)(a)(i) a policyholder;(103)(a)(ii) a subscriber;(103)(a)(iii) a member; and(103)(a)(iv) a beneficiary. See Utah Code 31A-1-301- License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Professional employer agreement: means a written contract by and between a client and a professional employer organization that provides for:
(15)(a) the coemployment of a covered employee;(15)(b) with respect to a covered employee, the allocation of a right or obligation of an employer between:(15)(b)(i) the client; and(15)(b)(ii) the professional employer organization; and(15)(c) the assumption of the obligations imposed by this chapter by:(15)(c)(i) the client; or(15)(c)(ii) the professional employer organization. See Utah Code 31A-40-102- professional employer organization: means a person engaged in the business of providing a professional employer service. See Utah Code 31A-40-102
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) notify in writing each coemployer regarding the impending loss of the following provided under the professional employer agreement:(1)(a)(i) workers’ compensation insurance coverage;(1)(a)(ii) health care benefits, if a coemployers’ employee welfare plan includes fully insured or partially insured health insurance benefits; and(1)(a)(iii) any other insurance benefit provided to coemployers by the professional employer organization; and(1)(b) submit a letter of intent to voluntarily surrender the license to the commissioner:(1)(b)(i) after providing the notice to coemployers under Subsection (1)(a); and(1)(b)(ii) not less than 45 days before the day on which the professional employer organization surrenders its professional employer organization license.(2) The letter of intent to voluntarily surrender a professional employer organization license shall include the following:(2)(a) the reason the professional employer organization license is being surrendered;(2)(b) a discussion of each process or plan to handle the obligations to coemployers and employees;(2)(c) a list of coemployers as of the date of the letter;(2)(d) a copy of the notice sent to the coemployers under Subsection (1)(a);(2)(e) certification that the professional employer organization has notified the coemployers located in Utah of the professional employer organization’s intent to cease doing business in Utah; and(2)(f) the signature of the professional employer organization’s chief executive officer or controlling individual. - Employee: means :