(1) A professional employer organization may obtain a small operation license under this chapter if the professional employer organization: (a) files an application for a small operation license with the commissioner: (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 (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; (b) pays a small operation license fee determined in accordance with Section 31A-3-103, that is not refunded if the application: (i) is denied; or (ii) if incomplete, is never completed by the person filing the application; (c) is domiciled outside of this state; (d) is licensed or registered as a professional employer organization in another state; (e) does not maintain an office in this state or directly solicit a client that: (i) is domiciled in this state; or (ii) maintains a location within this state; (f) does not have at any time more than 50 covered employees employed or domiciled in this state; and (g) is not owned or directed by another professional employer organization operating in the state. (2) (a) A small operation license is valid for one year. (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.
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