(a) Any person who performs or offers to perform PEO
services as defined by the Code, must be licensed with the department.
(b) To obtain an original PEO 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);
(3) fingerprint cards for the applicant and any controlling
persons;
(4) a completed criminal history questionnaire, as
applicable;
(5) documentation from the Texas Secretary of State
recognizing the person's authority to do business in this state;
(6) proof of positive working capital as described
under §72.40; and
(7) the required fees.
(c) Each individual applicant and all controlling persons
must pass a background investigation that includes:
(1) A comparison of the person's fingerprints by appropriate
state or federal law enforcement agencies with fingerprints on file;
and
(2) A criminal history check with appropriate state
and federal law enforcement agencies.
(d) Falsification of a required document by the applicant
is grounds for denial and/or revocation of license.
(e) Falsification of documentation provided by a controlling
person disqualifies that person from serving as a controlling person.
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Source Note: The provisions of this §72.20 adopted to be effective November 19, 1993, 18 TexReg 8197; amended to be effective April 15, 1998, 23 TexReg 3678; amended to be effective April 1, 2004, 29 TexReg 3173; amended 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 |