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24.38.101   NEW APPLICATIONS - DENIALS

(1) To be eligible to receive a license, a professional employer organization or group (PEO) must submit all application materials required by 39-8-202 and 39-8-207, MCA.

(2) Upon receipt of an incomplete application from a newly applying PEO, the department will inform the applicant in writing that the PEO has 90 days from the date that the original application was received to submit a completed application.

(a) If a complete application is not received within the 90-day deadline, the application will be denied.

(b) An extension of the application process may be requested in writing by a controlling person and will be evaluated on a case-by-case basis.

History: 39-8-201, MCA; IMP, 39-8-202, 39-8-203, 39-8-207, MCA; NEW, 2014 MAR p. 684, Eff. 4/11/14.

24.38.105   RENEWAL APPLICATIONS - DENIALS

(1) The department will send a renewal application approximately 90 days prior to the renewal date. A completed renewal application must be received by the department 30 days prior to the expiration date of the license.

(a) If a completed renewal application is not received 30 days prior to the expiration date, the existing license will automatically expire and a subsequently received renewal application will not be renewed.

(b) Upon the expiration and nonrenewal of a license under (a), the applicant is subject to the provisions of 39-8-206(2)(b), MCA.

(c) Any application materials received under (a) will be treated as a new application and will be subject to the provisions of 39-8-203(7), MCA.

(d) Upon the nonrenewal of a renewal application, the department shall send a letter to all client companies of the PEO notifying the client companies the PEO renewal application has been denied.

History: 39-8-201, MCA; IMP, 39-8-202, 39-8-203, 39-8-204, 39-8-206, MCA; NEW, 2014 MAR p. 684, Eff. 4/11/14.

24.38.111   SUSPENSION, REVOCATION, NONRENEWAL - APPEAL - IMMEDIATE CESSATION OF OPERATIONS

(1) Upon the suspension or revocation of a regular or provisional license, or upon the denial of a renewal application, the department shall notify all client companies by mail that the PEO's license has been suspended, revoked, or not renewed.

(2) The PEO may appeal the suspension, revocation, or nonrenewal by submitting a written request within 30 days of receiving the notice of suspension, revocation, or denial. The appeal must be submitted to the department's Office of Administrative Hearings.

(3) When the suspension or revocation of a provisional or regular license is appealed, the department may order an immediate cessation of operations if:

(a) the PEO does not maintain a valid workers' compensation policy; or

(b) other circumstances determined by the department warrant immediate cessation of operations.

History: 39-8-201, MCA; IMP, 39-8-203, 39-8-204, 39-8-206, MCA; NEW, 2014 MAR p. 684, Eff. 4/11/14.