(1) Notwithstanding Section 31A-2-308, in accordance with this section the commissioner may take action against a person if the commissioner finds that the person: (a) is violating or has violated Section 31A-40-401; or (b) (i) is a: (A) professional employer organization licensed under this chapter; or (B) controlling person of a professional employer organization licensed under this chapter; and (ii) is convicted of a crime that relates to: (A) the operation of a professional employer organization; (B) fraud or deceit; or (C) the ability of the professional employer organization or a controlling person of the professional employer organization to operate a professional employer organization. (2) After notice and an opportunity for a hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act, if the commissioner makes a finding described in Subsection (1), the commissioner may: (a) deny an application for a license; (b) revoke, restrict, or refuse to renew a license; (c) place a licensee on probation for the period and subject to conditions specified by the commissioner; (d) impose an administrative penalty in an amount not to exceed $2,500 for each violation; or (e) issue a cease and desist order.
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