(a)(1) Upon a finding that a registrant has violated a provision of Section 25-14-6 or 25-14-7, the secretary may:
a. Impose an administrative fine not to exceed one thousand dollars ($1,000) for every count or separate offense.
b. Impose upon the registrant the cost of investigation and prosecution, including reasonable attorney fees.
c. Refuse to register or renew the registration of an offending professional employer organization.
(2) The secretary may make, or cause to be made, investigations, audits, or reviews within or without the state as the secretary deems necessary to determine whether a person has violated or is in danger of violating this chapter, including any regulation or rule to aid in the enforcement of this chapter, including any regulation or rule promulgated pursuant to this chapter.
(3) All civil penalties collected under this chapter shall be deposited in the Professional Employer Organization Registration Administrative Trust Fund.
(b) A person who engages in the business of or acts as a professional employer organization without first registering with the department, or otherwise violates this chapter or any rules and regulations promulgated by the secretary in accordance with this chapter, shall be liable for a civil penalty for each offense of one hundred dollars ($100) for each count or separate offense. Each day of continued violation shall constitute a separate offense.
(c) In addition to the penalties provided for in this chapter, the secretary may take whatever regulatory or legal action necessary to enjoin or restrain any person engaging in the business of or acting as a professional employer organization without having first registered with the department.
(d) The controlling person of a professional employer organization who collects payments from a client representing wages, taxes, benefit payments, or insurance payments and fails to remit the funds to the appropriate governmental or private entity shall be guilty of a Class C felony.
(e) The controlling person of a client of a professional employer organization who fraudulently or falsely procures payroll checks without having adequate funds to compensate and reimburse the professional employer organization shall be guilty of a Class C felony.
Last modified: May 3, 2021