Arkansas Code Title 23, Subtitle 3, Chapter 92, Subchapter 4 - Arkansas Professional Employer Organization Recognition and Licensing Act

• § 23-92-401 - Title.
  This subchapter may be cited as the "Arkansas Professional Employer Organization Recognition and Licensing Act".
• § 23-92-402 - Definitions.
  As used in this subchapter: (1) "Client" means any person who enters into a coemployment relationship as a coemployer with a professional employer organization;...
• § 23-92-403 - Relationship to Other Laws.
  (a) (1) Neither this subchapter nor any professional employer agreement shall affect, modify, or amend any collective bargaining agreement or the rights or obligations...
• § 23-92-404 - Licensing and Renewal.
  (a) Except as otherwise provided in this subchapter, no person shall provide, advertise, or otherwise hold itself out as providing professional employer services in...
• § 23-92-405 - Controlling Person.
  (a) Each controlling person shall provide information and certifications necessary for the Insurance Commissioner to determine that the controlling person is of good moral...
• § 23-92-406 - Changes in Control.
  (a) (1) A license issued to any professional employer organization under this subchapter may not be transferred or assigned. (2) A licensee may not...
• § 23-92-407 - Fees.
  (a) Upon filing an initial licensing statement under this subchapter, a professional employer organization shall pay an initial licensing fee of one thousand dollars...
• § 23-92-408 - Financial Assurance Required.
  (a) Each professional employer organization shall maintain: (1) An audited minimum net worth of at least one hundred thousand dollars ($100,000), as reflected in...
• § 23-92-409 - Relationships Defined.
  (a) (1) Except as specifically provided in this subchapter, the coemployment relationship between the client and the professional employer organization and between each coemployer...
• § 23-92-410 - Issuance, Refusal, Suspension, or Revocation of License -- Grounds and Procedure.
  (a) The Insurance Commissioner shall issue a license as a professional employer organization to any person who qualifies for the license under the terms...
• § 23-92-411 - Deceptive Practices.
  (a) No professional employer organization shall: (1) Evade or attempt to evade the provisions of this subchapter by purporting to be the sole employer...
• § 23-92-412 - Penalties.
  (a) Any person who engages in the business of a professional employer organization or acts as a professional employer organization without first procuring a...
• § 23-92-413 - Nondisclosure of Proprietary Information.
  (a) (1) Professional employer organizations and professional employer organization groups are required under this subchapter to file with the Insurance Commissioner certain proprietary material,...
• § 23-92-414 - Employer Service Assurance Organization Affidavit.
  (a) The Insurance Commissioner may provide by rule and regulation for the acceptance of an employer service assurance organization affidavit provided on behalf of...
• § 23-92-415 - Licensing of Employer Service Assurance Organizations.
  (a) (1) No employer service assurance organization shall provide any service relating to the regulation of professional employer organizations, and no state agency, professional...
• § 23-92-416 - Employer Service Assurance Organizations -- Prohibited Activities.
  (a) No employer service assurance organization shall attempt to monopolize or to combine or conspire with any other person to monopolize any market or...
• § 23-92-417 - Employer Service Assurance Organization -- Permitted Activities.
  In addition to other activities permitted, any employer service assurance organization may: (1) Provide services under § 23-92-414 and § 23-92-419(b); (2) Develop and...
• § 23-92-418 - Filing of Information.
  (a) Each employer service assurance organization shall file with the Insurance Commissioner each affidavit and related document and information under § 23-92-414 or §...
• § 23-92-419 - Rules and Regulations.
  (a) (1) The Insurance Commissioner may prescribe rules and regulations for the conduct of the business of professional employer organizations needed to implement this...

Last modified: November 15, 2016