DAR File No. 32025

Commerce, Occupational and Professional Licensing

R156-59

Professional Employer Organization Registration Act Rule

NOTICE OF PROPOSED RULE

DAR File No.: 32025
Filed: 10/13/2008, 08:09
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2008 General Session, the Legislature repealed the Professional Employer Registration Act, Title 58, Chapter 59, in H.B. 159. H.B. 159 also enacted the Professional Employer Organization Licensing Act and moved the duties of regulation of this profession to the Utah Insurance Department. The purpose of this filing is now to repeal the Professional Employer Organization Registration Act Rule which the Division no longer has statutory authority to use. (DAR NOTE: H.B. 159 (2008) is found at Chapter 318, Laws of Utah 2008, and was effective 05/05/2008.)

Summary of the rule or change:

The rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

Section 58-59-101 and Subsections 58-1-106(1)(a), 58-59-302(2)(e)(i), and 58-59-302.5(1)

Anticipated cost or savings to:

the state budget:

There should be no cost impact to the state budget by the elimination of this rule beyond those considered in the passage of H.B. 159.

local governments:

The repeal of this rule does not apply to local governments; therefore no costs or savings are anticipated.

small businesses and persons other than businesses:

There should be no cost or saving impact to either small businesses or other persons by the elimination of this rule beyond those considered in the passage of H.B. 159.

Compliance costs for affected persons:

There should be no cost or saving impact to affected persons by the elimination of this rule beyond those considered in the passage of H.B. 159.

Comments by the department head on the fiscal impact the rule may have on businesses:

No fiscal impact to businesses is anticipated with this rule filing beyond those addressed with the passage of H.B. 159 in the 2008 Legislative General Session, which moved the regulation of professional employer organizations to the Department of Insurance. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at cormond@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/01/2008

This rule may become effective on:

12/08/2008

Authorized by:

F. David Stanley, Director

R156. Commerce, Occupational and Professional Licensing.

[R156-59. Professional Employer Organization Registration Act Rule.

R156-59-101. Title.

This rule shall be known as the "Professional Employer Organization Registration Act Rule."

 

R156-59-103. Authority.

This rule is adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 59.

 

R156-59-104. Organization - Relationship to Rule R156-1.

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

 

R156-59-301. Qualifications for Registration - Designated Assurance Organization.

(1) The qualifications certified by an assurance organization are as set forth in Subsections 58-59-302.5(2) and (3). No additional qualifications are established by rule.

(2) The Employer Services Assurance Corporation (ESAC) meets the requirements set forth in Subsection 58-59-302.5.

 

KEY: professional employer organization, registration

Date of Enactment of Last Substantive Amendment: November 8, 2007

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a), 58-59-101, 58-59-302(2)(e)(i), 58-59-302.5(1)]