| (a) The department shall accept an approved assurance
organization's written certification as evidence that an applicant
or license holder has met and continues to meet the criteria and obligations
set forth in this chapter and the Code. The department retains the
right to independently verify any information or certification provided
by the assurance organization, including the ability to verify information
contained in the assurance organization's databases.
(b) An applicant or licensee wishing to utilize the
services of an assurance organization shall execute, and the assurance
organization shall submit to the department, together with any fees,
the appropriate application form prescribed by the executive director
which includes a certification by the assurance organization that
the license holder or applicant is in compliance with the assurance
organization's standards which meet the requirements of the Code and
the rules and a certification by the licensee or applicant that the
applicant is in full compliance with all requirements of the Code
and the rules, together with the license holder or applicant's authorization
for the department to accept information provided by the assurance
organization on behalf of the applicant or licensee.
(c) Two or more applicants or license holders using
the services of an approved assurance organization and desiring to
apply or renew as a group, may do so provided that the applicants
or license holders apply or renew on a form prescribed by the executive
director and demonstrate that they have at least two of the following
criteria in common:
(1) financial statement;
(2) controlling person;
(3) insurance coverage; or
(4) ownership.
(d) Though qualified applicants may apply as a group,
the department will issue licenses only to qualified applicants having
unique federal employment identification numbers.
(e) An approved assurance organization shall notify
the department in writing no later than 10 days after it receives
a complaint, or becomes aware of information indicating that an applicant
or license holder utilizing its services is not in compliance with
its obligations under this chapter or the Code. The notification shall
include the originals or a certified copy of all such information
in the assurance organization's possession.
(f) An approved assurance organization shall notify
the department in writing no later than 10 days after the assurance
organization has made a determination that an accredited PEO has violated
any of the standards of accreditation of the assurance organization.
(g) Should the department elect to take action against
any bond made available to it by an assurance organization because
of a license holder or applicant's violation of this chapter or the
Code as determined by the department, the department shall provide
the assurance organization thirty (30) days written notice prior to
taking action against the bond. This notification requirement shall
neither affect the department's enforcement procedures nor affect
the department's ability to take appropriate disciplinary action against
a licensee or applicant.
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