DAR File No. 43133

This notice was published in the September 1, 2018, issue (Vol. 2018, No. 17) of the Utah State Bulletin.

Insurance, Administration

Rule R590-246

Professional Employer Organization (PEO) License Application Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 43133
Filed: 08/03/2018 05:24:39 PM


Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 31A-2-201(3)(a) authorizes the Insurance Commissioner to write rules to implement the provisions of the Insurance Code, Title 31A. Section 31A-40-103 requires a rule to prescribe requirements for forms required under Chapter 40, requirements and processes for correcting deficiency in working capital or negative working capital, and a process for correcting it under Section 31A-40-205. Section 31A-40-103 also allows the Insurance Commissioner to make rules to prescribe the requirements for the review and submission of a financial statement, and to prescribe the requirements and processes for when a PEO license is terminated. Section 31A-40-302 requires a rule to establish the procedure for submitting a licensing application form to the Insurance Commissioner. Section 31A-40-306 addresses how to comply with the requirements of Sections 31A-40-205, 31A-40-302, and 31A-40-305 on a combined or consolidated basis.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Department of Insurance has received no written comments regarding this rule during the past five years.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

It is important that this rule remain in force. It provides forms and instruction for the licensure of Professional Employer Organizations (PEOs), which are a unique group. Unlike other licensees of the Department, PEOs do not have other guidance contained within the Insurance Code. Therefore, this rule should be continued.

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

SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

  • Steve Gooch at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at [email protected]



Authorized by:

Steve Gooch, Information Specialist

Additional Information

More information about a Five-Year Notice of Review and Statement of Continuation is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2018/b20180901.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

For questions regarding the content or application of this rule, please contact Steve Gooch at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at [email protected].  For questions about the rulemaking process, please contact the Office of Administrative Rules.