Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Filing: when used as a noun, means an item required to be filed with the department including:
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
Person: includes :
(a)
an individual;
(b)
a partnership;
(c)
a corporation;
(d)
an incorporated or unincorporated association;
(e)
a joint stock company;
(f)
a trust;
(g)
a limited liability company;
(h)
a reciprocal;
(i)
a syndicate; or
(j)
another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
professional employer organization: means a person engaged in the business of providing a professional employer service. See Utah Code 31A-40-102
Professional employer organization group: means two or more professional employer organizations that are majority owned or commonly controlled or directed by the same one or more persons. See Utah Code 31A-40-102
Professional employer service: means the service of entering into a coemployment relationship under this chapter under which all or a majority of the employees who provide a service to a client, or a division or work unit of a client, are covered employees. See Utah Code 31A-40-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
In the application described in Subsection (1)(a), the person shall provide:
(a)
any name under which the professional employer organization will engage in a professional employer service;
(b)
the address of the principal place of business of the professional employer organization;
(c)
the address of each location the professional employer organization maintains in this state;
(d)
the professional employer organization’s federal taxpayer or employer identification number;
(e)
the following information by jurisdiction of each name under which the professional employer organization operated in the five years preceding the day on which the person submits the application:
(i)
the name;
(ii)
an alternative name, if any;
(iii)
a name of a predecessor; and
(iv)
if known, a successor business entity;
(f)
a statement of ownership that includes the name and evidence of the business experience of a person that, individually or acting in concert with one or more other persons, owns or controls, directly or indirectly, 10% or more of the equity interests of the professional employer organization;
(g)
a statement of management that includes the name and evidence of the business experience of an individual who:
(i)
serves as president of the professional employer organization;
(ii)
serves as chief executive officer of the professional employer organization; or
(iii)
may act as a senior executive officer of the professional employer organization; and
(h)
a financial statement that:
(i)
sets forth the financial condition of:
(A)
the professional employer organization; or
(B)
a professional employer organization group in which the professional employer organization is a member;
(ii)
states whether or not the professional employer organization complies with Section 31A-40-205; and
