(a) In order for a limited license PEO to continue
operating in this state, a limited license must be renewed annually.
(b) Non-receipt of a limited license renewal notice
from the department does not exempt a person from any requirements
of this chapter.
(c) To continue qualification for a limited license,
a person at all times while licensed must:
(1) employ less than 50 covered employees in this state
at any one time;
(2) not provide covered employees to clients that are
based or domiciled in the state;
(3) not maintain an office in this state; and
(4) not solicit clients located or domiciled in this
state.
(d) To renew a limited license, a person must provide
the department with all of the following required information, on
forms prescribed by the executive director:
(1) a completed registration form, including any applicable
attachments or application forms;
(2) a completed personal information form from each
controlling person as defined in Texas Labor Code §91.001(7),
or a form indicating there has been no change in the personal information
form since the previous license application or renewal from each controlling
person;
(3) a completed criminal history questionnaire, as
applicable;
(4) proof of current licensure as a PEO, in good standing,
if licensed in another state;
(5) proof of positive working capital as described
under §72.40; and
(6) the required fees.
(e) Falsification of a required document by the applicant
is grounds for denial of the application and/or revocation of a license.
(f) Falsification of documentation provided by a controlling
person disqualifies that person from serving as a controlling person.
(g) The person must continue to meet all of the requirements
under subsection (a) in order to retain the limited license. Failure
to continue meeting the requirements will result in loss of the limited
license.
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Source Note: The provisions of this §72.23 adopted to be effective January 1, 2010, 34 TexReg 9430; amended to be effective December 31, 2011, 36 TexReg 8819; amended to be effective January 1, 2014, 38 TexReg 9512 |